Terms and Conditions
- CONTRACT: Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Birmingham Flight Centre Travel Ltd trading as Florida Holidays.
- PRICES: We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.
- MAKING A BOOKING AND PAYMENT: When you have chosen your accommodation and you make a request to us to book it, you must pay a deposit of ₤300 / the full cost if the total value is less than £300 or the full cost if you are booking within 10 weeks of your arrival date. Your booking is confirmed and a contract between us exists when we issue our confirmation email. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the cost of your accommodation is due 10 weeks before departure. If it is not received in time we will cancel your booking and retain your deposit. Payments by credit card will attract a credit card charge of 2%. The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation or any resort fees that may be charged by the property. These are payable direct to the hotel.
- YOUR RESPONSIBILITY FOR YOUR BOOKING: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
- INSURANCE: It is your responsibility to ensure that you are adequately insured. We strongly recommend that you take out insurance, which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.
- IF YOU WANT TO CHANGE YOUR BOOKING: After our confirmation has been issued, any requests for changes must be sent to us in writing, by email or post, by the person that made the booking. We cannot guarantee that we will be able to accommodate your request but we will try to do so. You will be asked to pay an administration fee of £25 plus any charge made by the accommodation supplier. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can. If you change the number in your party, the accommodation price will be re-calculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy. A change of date or reduction in duration may result in loss of deposit or cancellation charges, followed by a new reservation.
IF YOU WANT TO CANCEL YOUR BOOKING: The person that made the booking must put this in writing to us, by email or post. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee. Cancellation fees: If you cancel (this is the date on which we receive your written notice of cancellation during the hours of 9am to 5.30pm):
More than 56 days before your arrival date: Loss of deposit
Between 55 and 43 days: 50%
Between 42 and 22 days: 70%
Between 21 and 14 days: 90%
Within 13 days of arrival date: 100%
Charges are shown as a percentage of your accommodation cost (excluding amendment fees, if any, which are non-refundable in the event of a cancellation).
- IF WE CHANGE OR CANCEL YOUR BOOKING: We reserve the right to change or cancel your booking. Subject to the note below, if we make a change and you don’t want to accept it, you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive) or a refund of the money you’ve paid to us. This does not apply where the change is not material. Examples of non-material changes include, but are not limited to, temporary withdrawal of facilities or seasonal unavailability of amenities. Subject to the note below, if we have to cancel, again we may be able to offer you an alternative. If you accept it, you would pay the difference if it was advertised at a higher price than your original accommodation, or receive a refund of the difference if it was advertised at a lower price. Or we will refund the monies you have paid us for your accommodation. We will not be responsible to pay any compensation following a change or a cancellation by us. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us.
OUR RESPONSIBILITY FOR YOUR BOOKING: We have a duty to select the accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations:
- where the accommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
- where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
- where you incur any loss or damage that relates to any business activity.
- where any loss or damage relates to any services which do not form part of our contract with you.
- BEHAVIOUR: When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.
- CHECK-IN AND CHECK-OUT: Check-in is normally after 1400 hrs. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Check-out is normally at 1000 hrs.
- COMPLAINTS: If you have a problem during your stay, please inform the accommodation provider [and our resort representative] immediately, who will endeavour to put things right. You should also try to find a solution whilst you're there. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 378 Birmingham Road, Wylde Green, Sutton Coldfield, west Midlands B72 1YH, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking conditions - in particular clause 9 above makes clear that our obligation is to choose the accommodation provider with reasonable skill and care. Any dispute or claim arising out of this contract that can't be settled between us can be referred by you to ABTA arbitration (see clause 14) or court. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
- FINANCIAL PROTECTION: The monies you pay to us for your accommodation are protected by means of a bond held by ABTA. This means that, if in the unlikely event of our insolvency your accommodation can't be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
- ABTA: We are a Member of ABTA, membership number Y3389. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
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