|
Your Holiday Contract
When you make a booking, you confirm that you have the authority to accept, and do accept, on behalf of all your named party these Terms and Booking Conditions. The contract between Mallorca Farmhouses Ltd and the client will exist once our confirmation invoice has been issued. Any persons staying at the relevant accommodation who have not been declared to Mallorca Farmhouses Ltd as guests, prior to departure, will have no contract with the company, will be asked to leave the premises immediately and have no redress in law. This contract is made on the terms of these booking conditions and all further information contained in our brochure and on our website and is governed by English law and the jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. We will only be bound by representations made or confirmed in writing to us within the relevant time period.
Accommodation Only Bookings
When you book accommodation only, Mallorca Farmhouses Ltd act as booking agents on behalf of hotels, apartments and villas featured in this brochure and on our website www.mfh.co.ukand your contract will be with the Accommodation Provider. We will send you a confirmation invoice issued by the Accommodation Provider and a binding contract between you and the Accommodation Provider will come into existence. Once the contract is made, the Accommodation Provider is responsible to you to provide you with the relevant property and you are responsible to pay for this on the agreed dates. With each booking you are subject to the Accommodation Provider’s terms and conditions and all other terms and booking conditions specific to the relevant property. Where your contract is with the Accommodation Provider concerned, we can not accept any liability in relation to those services which rests solely with the supplier concerned. Copies of the relevant supplier’s conditions, which will apply to your booking, are available on request. Please note that it is important to check carefully the details of your booking, when you receive it. If you want to cancel or change your booking later, you may have to pay amendment or cancellation charges which may be as much as the whole accommodation costs.
Financial Protection
We are members of the Association of British Travel Agents (“ABTA”), membership number W3809 (“TOUR OPERATOR”) and J0366 (“RETAIL”) and hold Air Travel Organizer’s Licence (“ATOL”) number 5654 issued by the Civil Aviation Authority, which provide for your protection in the event of our insolvency. For further details please visit the ATOL website www.atol.org.uk.
Accommodation Only Bookings: For all "Accommodation Only" bookings we act as approved agents for the Accommodation Providers - Suppliers.
Your Holiday Price
The prices shown in the brochure/website are for the property rental per week including services as stated for each property, representation by our agents at your property and a house copy of Mallorca Farmhouses property information booklet. We reserve the right to alter the prices of any of the holidays shown in our brochure or website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you confirm your reservation, we require a non-refundable 25% deposit of the total accommodation cost. Flight deposit is £75/€113 per person non refundable or payment in full at time of booking. Insurance is due in full. The full balance of your travel arrangements is due 10 weeks prior to your departure date. If the full balance due is not paid by the required date, we retain the right to, without further notice, cancel your booking and retain your deposit. With bookings made via our authorized Travel Agents all monies paid to them are held on our behalf until we issue our confirmation invoice, normally within four days of booking confirmation. Exchange rates are based on the rates as published by Banca March London on 14/08/07 €1.45 = £1.00. Please note all payments made by Visa/MasterCard or American Express are subject to a 2% surcharge. The price of your holiday may vary due to changes in transportation costs including the cost of fuel, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports. Government action, such as changes in VAT or any other changes as well as variation in currency exchange rates may result in a change of the price you are asked to pay. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1/€1.50 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Accommodation Only Bookings
Please note special offer prices are strictly limited to Accommodation Only bookings, and do not include hampers, or any other extras, except for car hire which is included where stated.
Breakages
Exclusive Mallorca properties are subject to a security breakage deposit of £250/€375-£1500/€2250. This deposit is refundable, less any breakages, which will be charged in full against this deposit. Trusting there are no breakages the deposit will be refunded in full within 28 days of your return.
Any breakages due will be deducted from your credit/debit card and an invoice showing details of the breakages will be forwarded to you, alongside a receipt of the damages incurred.
Pets
Regrettably pets are not allowed in any of our properties
Credit Card Payments
All payments made with Visa/MasterCard or American Express are subject to a 2% credit card surcharge. Payments by Switch/Delta/Maestro incur nil surcharges.
Price Guarantee
The prices of your holiday and travel arrangements are subject to surcharges for increases in transportation costs, such as an increase in fuel costs or any other schedule and charter airlines increases that are part of the contract between these airlines/their agents and Mallorca Farmhouses Ltd or organizer. Also any government action such as increases in VAT, or any other government imposed increases. Mallorca Farmhouses Ltd will absorb up to 2% of any increases to the Euro against the £. Any increases over 2% from the date you booked and confirmed your holiday to the date of your 'Balance Due' will automatically be added to your final invoice and charged accordingly. As a result of this, any decreases in the Euro/£ will not be refunded. The prices shown in the brochure and website are for the property rental per week and include maid service as stated, laundry changed weekly, swimming pool and garden maintenance, electricity/gas and appropriate hamper. Local representation by our agents at your property. Welcome to Mallorca Farmhouses booklet. All accommodation and car hire prices are subject to change. The price shown on our website on your day of booking confirmation is the price you will be charged.
If You Change Your Booking
If, after your confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen date of departure or accommodation, any possible changes made are subject to availability and we will do our utmost to make these changes, but it may not always be possible. All requests for changes must be made in writing from the person who signed the booking form or your travel agent. This may incur charges of an administration fee of £25/€37.50 per invoice plus any further costs incurred whilst making the alterations. You should be aware that these costs can increase the closer to departure date the changes are implemented. Please note: Certain travel arrangements (such as scheduled airfares or Apex tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of 100% of that part of the arrangements.
Accommodation Only Bookings
The Accommodation Provider has no obligation to make any such changes and all requests are subject to availability.
If You Cancel Your Holiday
You or any member of your party may cancel your travel arrangements at any time providing that cancellation is notified to us in writing by the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as shown.
Time of notification received cancellation before departure date charges
More than 70 days Loss of deposit
70 - 29 days 80%
28 - 15 days 90%
14 days to day of departure 100%
Accommodation Only bookings
For cancellations notified within 10 weeks of departure, cancellation charges of up to 100% of the cancelled arrangements may be payable. Details of the cancellation charges applicable to your particular booking are available on request. Note – If the reason for your cancellation is covered under the terms of your insurance policy you may be able to claim some/all charges from your insurance company. Administration and credit card charges are non refundable.
If We Change Your Holiday Arrangements
It is unlikely that Mallorca Farmhouses Ltd or the Accommodation Provider will have to make changes to your travel arrangements. Many of these arrangements are made months in advance and so occasionally we may have to implement these changes and reserve the right to do so at anytime. Most of these changes will be minor and we will advise you or your travel agent at the earliest possible date. Minor changes include a change of accommodation to another of the same or higher standard available in the same or any other area of Mallorca. Please note that carriers such as Airlines used in the brochure and website may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. In the unlikely event that we do have to make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below. We reserve the right in any circumstances to cancel your holiday arrangements at any time. For example, if property refurbishment is required, breakdown of essential services, supply of electricity/gas, blocked drains or building works on adjacent/nearby land, we may have to cancel it. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us or the Accommodation Provider; if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Period before departure within which Compensation per significant change or cancellation is notified to you
More than 70 days £ 0.00 € 0.00
70-29 days £ 5.00 € 7.50
28-15 days £10.00 €15.00
14 days to day of departure £15.00 €22.50
If We Cancel Your Holiday
We reserve the right in any circumstances to cancel your holiday arrangements. In the unlikely event that we do have to cancel your holiday, for whatever reason and/or due to circumstances beyond our control (such as property refurbishment, breakdown of essential services, supply of electricity/gas, blocked drains, or building works on adjacent/nearby land), we will endeavor to offer you alternative accommodation of a similar or higher standard, subject to availability. If the alternatives offered are not acceptable, please confirm this in writing and we will refund the cost of accommodation already paid, in full. Any flight, car hire or extras will be refunded according to the relevant supplier’s terms and conditions. Flights and car hire not booked with Mallorca Farmhouses Ltd are not subject to any refund by Mallorca Farmhouses Ltd.
Force Majeure
Neither we or the Accommodation Provider will pay compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disasters, fire, adverse weather conditions or any other unforeseen circumstances that may amount to Force Majuere.
Complaints
If you have cause to complain during your holiday please inform our representative as soon as possible and he/she will of course endeavour to rectify matters promptly. If your complaint is not resolved locally please follow this up within 28 days of your returning home by writing to our Customer Services Department at Mallorca Farmhouses Ltd, Customer Services Dept, 38b Church Street, Caversham, Reading, RG4 8AU, UK giving your booking reference and all other relevant information, including a copy of our representatives report signed by yourself and our representative. Please keep your covering letter concise and to the point as this will help us to quickly identify your concerns and forward our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. 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, in particular if you do not obtain our representatives report whilst in resort.
What Happens to Complaints
Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5000/€7500 per person. There is also a limit of £25,000/€37,500 per booking. 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 £1000/€1500 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires your tour operator to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details are available on request or from www.abta.com.
Property Descriptions
The descriptions and information contained in the brochure and on the website are personally written by a member of staff who have visited each property and are made in good faith. It is possible that changes in facilities may occur without our knowledge. In this event we will endeavour to inform you of any changes, once known, but cannot be held responsible for any inaccuracies which are beyond our control. Water and electricity supplies are often not as reliable as in Great Britain and interruptions to supply do occur. We cannot be held responsible for these supplies or any other lack of facility beyond our reasonable control. Only persons named on the booking form shall be allowed to occupy the accommodation and in no circumstances can the maximum number of persons stated for each property be exceeded. All reasonable care is taken in making the arrangements for holidays offered in this brochure. The Accommodation Providers, Owners and Owners’ agents reserve the right to visit their property at any time to undertake essential repairs, maintenance, pool cleaning and gardening.
Air Conditioning
The amount of air conditioning supply varies in many properties. Normal supply is on a timer for approximately 8-10 hours per day. On request to our representative the timings may be changed by the owner and only with their consent. Full air conditioning means in all bedrooms and the living area-it does not mean the system is on 24 hours per day. Other properties contain air conditioning only in the bedrooms. In some properties extra hours may be available on request and payable locally, subject to each property specification. Properties with no air conditioning contain a complimentary free standing fan in each bedroom.
Parasols and Covered Terraces
All properties have a covered terrace or patio overlooking either the swimming pool or gardens. Not all properties have parasols. Due to the many breakages of parasols during a season the type shown in the brochure/website may differ from the original model at the property. Whilst we do try to replace parasols, like for like, this is not always possible and we accept no responsibility for any such differences.
Sun Beds
All properties have sufficient sun beds for the maximum number of persons allowed to stay in the property and listed on the booking form. Due to the high number of breakages during a season it is not always possible to obtain the same model and we accept no responsibility for any differences in design, colour or style.
Satellite TV
Due to the changes from analogue to digital TV in many properties no Sky facility is available. However, in select properties there are a range of English and/or German speaking channels. We are unfortunately unable to guarantee any channels in any of our properties. Please contact our representative for further information in relation to your particular holiday property.
Building Works
These and the resulting noise from the site can take place at anytime during the year on an adjoining or nearby property and land. If this work is effecting your holiday please report this to our representative immediately. Obviously this is beyond the control of our agents or ourselves, but we will make every effort to have the works stopped, if legally possible. Alternatively, if this is not possible we will try to offer you an alternative property of similar standard, strictly subject to availability. Unfortunately we do not receive advance notice of when building works will begin as they are carried out by third parties over which we have no control. However we will do our best to minimize any inconvenience or interruption to your holiday.
Our Liability To You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices 38b Church Street, Caversham, Reading, Berkshire, RG4 8AU, UK. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
Accommodation Only
As we are acting as a booking agent for the Accommodation Providers/Suppliers, we accept no liability for any accommodation arrangements and in particular no liability for any illness, personal injury, death or loss of any kind unless caused by negligent acts / omissions of your Accommodation Provider / agents / suppliers / sub-contractors whilst acting within the scope of, or in the course of their employment in the provision of your accommodation. Any claim for damages for injury, illness, death arising from your stay in the accommodation must be bought against the Accommodation Provider/Supplier and will be under the jurisdiction of the law of the country in which the accommodation is based.
Natural Phenomena
Mallorca is a Mediterranean island and Mallorca Farmhouses Ltd cannot be held responsible for any discomfort or inconvenience caused by the climate, flora and fauna, barking dogs, sheep bells or anything reasonably expected to exist in the natural environment in which many of the properties are situated.
Personal Injury
If you or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of the travel package arrangements or an excursion arranged by us, we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent, prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs or benefits received under any insurance policy to us. We limit the cost of our assistance to you or any member of your party to £5000/€7500
Arrival At / Vacating Your Property
All guests are required to vacate their property by 1000 hours on day of departure to facilitate cleaning and servicing prior to incoming guest’s arrival. You may occupy your property from 1500 hours.
However should you have an early flight arrival time, in some properties we have made arrangements for you to leave your luggage at the house whilst the maid prepares the house for you. Quite reasonably, the maid will NOT allow you to occupy the house until they have completely finished and will not accept any responsibility for safe keeping of your luggage.
Conditions of Carriage
The contractual terms of the companies that provide transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. The brochure and website are our responsibility, as your Tour Operator. They are not produced on behalf of, and do not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be less than two years old on date of the return flight.
Food Hampers
Full price Exclusive Mallorca bookings receive a complimentary Exclusive Hamper.
All other fully priced properties (excluding apartments) receive a Deluxe Hamper.
All special offers include a starter pack only with the option to upgrade.
See below for hamper details:
Exclusive Collection Hamper
Exclusive Mallorquin red and white wine, Mallorcan bread, olive oil, balsamic vinegar, margarine, ham, bacon, hard cheese, soft cheese, jam, marmalade, eggs, salad selection of lettuce, tomatoes, peppers, onions, tea, coffee, sugar, beer, coca cola, fruit juice, crisps, milk carton, water, matches, rubbish bags, toilet paper, kitchen paper, washing-up liquid, scouring pad, cloth.
1-3 persons £65 / €97.50
4-5 persons £72 / €108
6-7 persons £99 / €148.50
8-9 persons £125 / €187.50
9 + persons £146 / €219
Superior Collection Hamper
Superior Mallorquin red and white wine with food listed as above.
1-3 persons £58 / € 87
4-5 persons £66 / € 99
6-7 persons £92 / €138
8-9 persons £115 / €172.50
9 + persons £132 / € 198
Essential Collection Hamper
Essential Mallorquin red and white wine with food listed as above.
1-3 persons £58 / € 87
4-5 persons £66 / € 99
6-7 persons £92 / €138
8-9 persons £115 / €172.50
9 + persons £132 / € 198
Starter Pack
Mallorquin red wine, tea, coffee, milk, sugar, water, bread, marmalade, cheese, margarine, toilet paper, washing up liquid and rubbish bags.
Extras
The following items are available on request and can be added to your final invoice.
Fans £21 / €31.5 each per week (One included in each bedroom except where air conditioning is installed)
Cot £28 / €42 each per week (One provided complimentary with bed linen in each house)
Highchair £28 / €42 each per week
Extra Bed £49 / €73.5 each per week
Stair Gates £28 / €42 per pair per week (where possible to be fitted)
Privacy Policy
Mallorca Farmhouses Ltd respects the privacy of every individual who visits our website. When you visit our website or subscribe for the services, Mallorca Farmhouses Ltd will not collect any of your personal data (i.e. your name, address, contact information or credit/debit card details) unless you provide this. All information provided by you passes through Mallorca Farmhouses Ltd safe server and we will not disclose any information that you provide to www.mfh.co.ukabout yourselves to any third parties without your express consent. When you visit our website, Mallorca Farmhouses Ltd may obtain and hold certain anonymous data (i.e. information which does not identify you), such as the type of web browser you are using or details of the website from which you were linked to Mallorca Farmhouses Ltd’s website. When you view the website it may also store certain information on your computer in the form of a “cookie” file. By using a cookie mfh.co.uk is able to simplify and personalise the website for any subsequent visits you make. If you wish to block or erase the use of cookies then please refer to the relevant instructions in your web browser. Our website may contain links to other sites not controlled by us. (a) These sites may send you cookies and collect data and personal information. We are not responsible for the action, content or private policies of those websites. (b) These sites may not be members of ABTA and, if not, ABTA financial protection will not be available. It is your responsibility to check the status of these sites. If for any reason you contact Mallorca Farmhouses Ltd by e-mail, fax, post or telephone, Mallorca Farmhouses Ltd will use your contact details in order to deal with your query, request or order. We may also retain your details so that Mallorca Farmhouses Ltd can contact you in future to notify you of any news or offers relating to Mallorca Farmhouses Ltd. If you do not wish Mallorca Farmhouses Ltd to retain your details for these purposes then please advise us either when you first contact us or at any time thereafter. You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. If you have any queries with regards to these terms and conditions, please send an e-mail to info@mfh.co.uk.
Car Hire
Car hire/extras can be changed up to seven days prior to departure subject to availability. Your booking will incur an administration fee of £25 / €37.50 for any changes made within seven days of departure.
WEBSITE AND BROCHURE PRICES
Our brochure is normally printed during October/November with the latest up to date prices we have available at the time. We operate a flexible pricing system for all of our properties, car hire and additional services. All prices are subject to availability and can change up or down entirely at our discretion. All brochure prices are superseded by our website prices - the price you see on the website is the price you pay.
|