TERMS & CONDITIONS
1) Website Description
All information and prices are correct at the time of compilation but may be subject to change. There may be changes in some of the facilities available during the low season or due to weather conditions or lack of support such as the closure of a restaurant or pool for cleaning/maintenance or closures for Religious holidays or festivals. Similarly, air conditioning and swimming pools mentioned may, at the resorts’ discretion only be available at certain times of the day and/or year. All prices quoted for all accommodation, ancillary services and sporting/leisure activities are accurate at the time of compilation. We reserve the right to change prices during the holiday season, depending on commercial factors and it may be that third parties change their prices without notifying us. Design Holidays operate a Surcharge Fidelity Protection (SFP) scheme which, for a one-off compulsory charge of £15 per booking, protects your holiday cost against any price increases after receiving your confirmation and invoice in writing from us. This includes but is not exclusive to changes in the currency market and hotel surcharges.
When submitting your offer to purchase any product on this website at the suggested price, we will be able to accept this offer within 3 days of you submitting it. In the case of a holiday booked within 14 days of the departure date we will notify you by return e-mail if we have accepted your offer. Where you book your holiday 15 or more days in advance of the departure date we will confirm the information you have given us by return e-mail but no contract will exist until we accept your offer by sending you a booking confirmation. We will not have any contract with you for the supply of any product at the price offered until we have confirmed your booking. If you have any questions, please feel free to contact us.
(ii) All bookings are subject to our terms & conditions
3) Deposits and Payments
It is a condition of booking that you have adequate holiday insurance which can be purchased with our insurance partner, Columbus Insurance via our website, or can be arranged independently. It is your responsibility to arrange additional cover if required (e.g. any activities not covered as standard) or provide cover for additional areas of liability, if necessary, and to check the suitability of any insurance booked. Any pre-existing medical conditions must be reported to the insurance company prior to purchasing any cover.
If you or your party suffer any injury or accident during your holiday then you must report it to the resort Manager in order that an insurance claim form can be filled out on behalf of the property owner at the time, in addition to your own insurance.
5) Your Financial Security
The flight-inclusive holidays on this website are financially protected by the ATOL scheme (see below). But ATOL protection does not apply to all holiday and travel services listed. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTOT. For further information, visit the ABTOT website at www.abtot.com. If you book arrangements other than an ATOL protected flight or a package holiday as described under the ABTOT scheme, the financial protection referred to above does not apply.
Our ABTOT number is 5280
“The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Design Holidays, and in the event of their insolvency, protection is provided for the following:
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Design Holidays”
We are a Member of ABTA and our membership numbers are Y6139 and P6655. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
Design Holidays acts as agents for ATOL holders. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate identifying the ATOL holder. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
6) Alterations or Cancellations made by you
Period before departure within which written instructions are received by Design Holidays
Amount of cancellation charge (shown as a % of total holiday price excluding SFP)
More than 10 weeks
*Please check your insurance policy to see if you can claim against the reason for your cancellation.*
7) Alterations or cancellations made by us
*A significant change includes (but is not restricted to): change of accommodation to lower grade or size, change of resort or date.
In any event, we cannot be held responsible for any loss, however incurred, to any service booked in conjunction with this reservation that has not been made directly with Design Holidays.
No compensation is payable if the change is the fault of the consumer or is forced upon us by Force Majeure . This defines any unusual or unforeseen circumstances beyond our control, the consequences of which could not have been avoided. This includes (but is not restricted to) war or threat of, riot, civil strife, industrial dispute, terrorist action or threat of, natural or nuclear disaster, fire, unavoidable technical problems with transport, closure or congestion of airports, and adverse weather conditions. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. In these circumstances no compensation is payable.
Electricity or water supply is often not as reliable as in the U.K and short breaks in supply do sometimes occur, we cannot be held responsible for this or any other lack of facility which is beyond our control. Building work and noise are unavoidable as the demand for new accommodation increases. It is the case that some resort areas featured on our website are still being developed and therefore there is a possibility of building work or construction work, which may be carried out by local authorities or private developers. Many of our villas are also situated in residential areas and work may begin on a neighbouring property over which we have no control, nor are we given prior notice. However in any event we will always do our best to inform you in advance but if this is not possible, please accept our apologies.
A credit card will be required in all accommodation types, as a guarantee against any damages or breakages and will be asked for upon check in along with a copy of your Passport for security.
At all times during your holiday, you are expected to have consideration for your fellow passengers and other third parties. If in the opinion of ourselves, any airline pilot, accommodation owner or other person in authority, you are, or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance to other parties or damage to property; either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. In addition, you will be responsible for any expenses we incur as a result of your behaviour, such as the cost of diverting an aircraft.
8) Flight Information, Delays, Passports, Visas and Insurance
9) Our Responsibility
(a) We accept responsibility for the proper performance of our obligations under this contract. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is:
• attributable to you or a member of your party;
• attributable to a third party unconnected with the provision of the services to you, and is unforeseeable or unavoidable;
• due to circumstances that could not have been prevented despite all reasonable precautions being made;
• due to Force Majeure (see the section entitled “Force Majeure” 7 (c)
(b) Our liability is limited according to international agreements as are the liabilities of the carrier and hoteliers. Airlines have their own conditions of carriage which set out their obligations and liabilities. We are limited to the extent of their liability and no more.
LIMITATIONS ON OUR LIABILITY
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described above. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination. However you should be aware that these vary widely across our programme and may not match those standards we enjoy in the UK. Any compensation payable by Design Holidays shall be limited in accordance with the lowest limit allowed under applicable International Conventions governing the services, or the amount you can recover from them under the laws of the UK or the country in which they operate. Transport operators have their own conditions of carriage, which form part of your contract with us. These conditions, and the provisions of the International Conventions, generally limit the liability of transport operators.
In the unlikely event of there being something not to your liking whilst you are holiday you must report it to on-site management. Our representatives will do their best to correct the problem immediately but if you are in any way still unhappy with the situation then you must advise our office in the UK (normal office hours). Unless there is a valid reason why you fail to report your complaint and therefore not give us the opportunity to rectify it, we will not accept responsibility. If it is not possible to report the complaint then a letter must be sent to us within 28 days of your return. A reply will be given up to 28 days after receipt of a written complaint to allow us to gather reports and investigate with resort management.
IF YOUR LETTER OF COMPLAINT IS RECEIVED LATER THAN 28 DAYS AFTER YOUR RETURN THEN WE CANNOT ACCEPT LIABILITY
11) Applicable Law
Claims against us concerning liability and/or compensation shall fall exclusively within the jurisdiction of the English Courts. If any part of the conditions proves to be invalid or unenforceable, the rest of the conditions will remain valid
12) Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide, such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on the to the relevant suppliers of your arrangements such as airlines, villa management companies/villa owners, or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of disabilities, or dietary/religious requirements. In making your booking you consent to this information being passed on to the relevant persons.
Disclaimer: The information contained on this website is subject to change without notice. Whilst every effort has been made by Design Holidays to ensure the accuracy of this information it may be possible that certain changes will have occurred that are outside our direct control or knowledge.