Terms And Conditions

1. Your contract with Us

Your contract is ultimately with Sanctuary Spa Holidays Ltd. Our acceptance of your deposit or payment constitutes a contract between us and the party leader (first named passenger) acting on behalf of all passengers in the part and shall be deemed as acceptance of these booking conditions.

You are also deemed to have accepted any insurance details associated unless you write to us by return recorded delivery post to state otherwise. No other conditions will apply to this contract unless confirmed by Sanctuary Spas Holidays Limited in writing.

2. Payment of Deposit and Balance of Holiday Cost

The deposit required will depend on the components of the holiday selected. Hotels and Spa Resorts normally require a 35% deposit which is required in cleared funds immediately upon booking, with full and final balance due 10 weeks prior to the commencement date of your holiday. All deposits received in respect of independent travel arrangements will normally be held by us on behalf of the service provider concerned.

In the case of flight only arrangements we act as agents for the airline or tour operator, not as a principal, and therefore will require a deposit of £100 per person which will be taken by Sanctuary Spa Holidays Ltd on behalf of the principal. Although a provisional reservation for a scheduled flight may be made on payment of a deposit, confirmation of booking and price can not be guaranteed until final payment for the ticket has been received and the ticket issued.

We cannot make refunds for unused packages, hotel or other vouchers or independent arrangements

For packages and independent travel arrangements the balance must be paid before the date specified on the travel confirmation which is normally no later than 10 weeks before your departure date. If we do not receive final payment by the due date then we and/or the provider of the services in question reserve the right to treat your booking as cancelled by you and cancellation charges will be applicable as detailed in section 9 below.

Full payment will be required for all bookings made within 10 weeks of departure.

3. The price of your holiday

Unless otherwise stated, all prices on our web site are based on two people sharing a twin or double bedded room. There will normally be supplements for single travellers and there may be reductions for three people sharing a room. For an accurate costing please phone one of our travel advisors for a tailor-made quote.

The price of your holiday is subject to surcharges on the following items: governmental action, currency, aircraft, fuel, overflying charges and airport charges. Even in this case we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged but where a surcharge is payable there will be an administration charge of 50p.

If this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all monies paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the invoice. Any surcharges will be notified to you no later than 30 days prior to departure.

4. Insurance

Please note that it is your responsibility. We would strongly advise you to ensure you are adequately insured before taking any holiday.

6. What's included in the price of your holiday?

o UK VAT on certain holidays within the EC.

o Accommodation (if appropriate)

o Return flights (if appropriate).

o All UK airport and security charges but not all overseas departure taxes.

o A free baggage allowance for your journey which we will be dependant on the airline, destination and class of travel. Please check at the time of booking.

7. Can you make changes to your booking?

Should you wish to make any changes to your holiday booking after it has been confirmed, you must send your request to us in writing signed by the person who made the booking. This request must be accompanied by an amendment fee of £30 per person. Whilst we will endeavour to meet any such request, we cannot guarantee we will be able to do so. However in the event that you are wishing to vary your flight details, you must consult with us to establish the cost which varies according to airline, ty

Any request to make changes must be received not less than 8 weeks before departure. Any request for changes received less than 8 weeks before departure will be treated as a cancellation of the booking by you and the cancellation charges set out below will then apply. Any new arrangements subsequently made will be treated as a new booking.

Please note that we cannot make any refunds for unused car hire or hotel vouchers etc irrespective of what you are told by the local car hire company or hotel management.

Car hire and hotel vouchers are only valid for the exact services for which they are issued. Please read carefully any vouchers sent to you as they contain useful information.

8. Changes by Us

As your holiday/flight arrangements are made many months in advance, it may occasionally be necessary to make changes to holiday/flight details both before and after booking and we reserve the right in our discretion to do so. Most changes will be minor ones, but in the event of a significant change, we will inform you (if there is time to do so) before departure.

In the event of a significant change, you will be offered the choice of:-

A significant change is defined as an alteration or change made before departure which involves a change of outward or return flight time greater than 12 hours, a change of UK airport (except between Luton, Stanstead, Gatwick and Heathrow) to one which is more inconvenient for you, change of resort airport, or a change of accommodation to one of a lower official classification, or in a different resort.

o Accepting the altered arrangements or o Purchasing another holiday from us (and paying or receiving a refund in respect of any price difference) or o Cancelling your holiday and receiving a prompt refund of all monies paid.

Please note that no compensation is payable in respect of minor changes and no other claims for compensation or expenses will be considered.

Please further note we reserve the right to substitute alternative airlines and/or aircraft to those shown in our brochure and such a change will not be a significant one entitling you to cancel without payment of the normal cancellation charges.

In addition, if we are forced to make a significant change, we will pay you compensation on the scale set out below except where the change was made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care which include but are not limited to those amounting to 'force majeure' as defined in the important note below.

9. Cancellations by You

Should you wish to cancel your booking, you must notify Sanctuary Spa Holidays Limited in writing, signed by the person who made the original booking, as soon as possible. Any such notification must be sent by recorded delivery if posted. Notification of cancellation will only be effective on the date it is received at our offices.

As we begin to incur costs from the date your booking is confirmed, we must levy cancellation charges to cover the charges passed onto us by our suppliers or the charges within the cancellation grid below, whichever is the highest. This is to compensate for the expense of processing your booking and for the risk that we may not be able to resell the flight/holiday.

For scheduled flights the charge will almost always be the full amount paid except for regular full fare tickets with no cancellation restrictions where an administration fee will be charged.

Period before departure within which written notification of cancellation is received by us | Cancellation charge per person cancelling

70 days or more - Full loss of deposit

69-36 days - 90% of holiday cost

35 days or less - 100% of holiday cost

NB: You may be able to recover these cancellation charges from your insurance company if the reason for your cancellation falls within the terms of your insurance policy.

10. Cancellations by Us

Occasionally, it is necessary to cancel holiday/flight arrangements and we reserve the right in our absolute discretion to do so. However, we will not cancel after the date the final balance of your holiday falls due unless you default in payment or we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care such as those mentioned in the important note below.

If we do cancel (other than due to your default in payment) we will offer you the choice of an alternative holiday/flight of comparable standard if available (with you paying or receiving a refund in respect of any price difference) or a full refund of all monies paid.

11. Important Note

We cannot accept liability, or pay any compensation, where we are forced to cancel, curtail, delay or in any way change your holiday/flight or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to 'force majeure'.

Such circumstances include war or threat of war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and any or all similar circumstances outside our control.

12. Our liability to You

o Quality

We accept responsibility should the services which we are contractually obliged to provide prove deficient or not of a reasonable standard expect where injury or illness results, dealt with below. So far as services provided by airlines or sea carriers are concerned, our liability is however limited as if we were carriers within the appropriate international conventions.

This clause is subject to force majeure and the other terms of these booking conditions including the 'exceptions' listed in the following paragraph.

o Personal injury connected with your holiday arrangements

We accept responsibility should you or any member of your party suffer death, injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub- contractors providing they were at the time acting within the course of their employment; except where the failure to perform or improper performance was due to the 'exceptions' namely:-

• your own acts and/or omissions or • those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or avoidable or • an event which either ourselves or the supplier of the services in question could not have foreseen or forestalled even with all due care.

In addition, please note that in the case of services provided by air or sea, our liability is limited as if we were carriers within the appropriate international conventions.

It is however a condition of our acceptance of liability that you notify us of any claim in writing within 28 days of your return from holiday and, where any payment is made, that you assign to ourselves and/or our insurers any rights you may have to pursue any third party. In addition, you must give Sanctuary Spa Holidays Limited and our insurers your full co-operation

o Personal injury not connected with your holiday arrangements

If, through misadventure, you suffer illness, personal injury or death from an activity which does not form part of your holiday arrangements, we shall still give every assistance including, at our absolute discretion, advice and initial financial assistance to take legal action against a third party up to a total maximum cost to ourselves of all assistance provided (whether monetary or otherwise) of £5,000 per booking form.

Assistance must however be requested within 90 days of the date of misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies in force, we will, however be entitled to recoup from you the costs we actually incur.

Please note that animals are not allowed in any of our accommodations.

13. Information accuracy

In the event of any conflict or inconsistencies between these Booking Conditions and anything stated elsewhere in a brochure or by a member of staff, or elsewhere, these Terms and Conditions shall prevail.

We have made every effort to ensure that all the information we provide is correct at the time of giving it. However, you will appreciate that we do not own the accommodation, airlines and other facilities that you will be using. Although we have described these as accurately as possible we cannot be held responsible for any other subsequent alterations made.

There may be occasions, particularly in low season, when some facilities may temporarily be withdrawn. If we receive prior notification of these we will inform you. Services provided by staff in resort, if applicable, are subject to local regulations and staff availability.

14. Complaints procedure

We sincerely hope you will not experience any problems with our services. If you do however, you should contact the representative or agent immediately as it is likely they will be able to resolve any problem on the spot. If the problem cannot be resolved, your party leader should complete a report form which is normally available from the representative.

You should then write to us quoting your booking reference and giving full details of your complaint within 28 days of your return from holiday. We will acknowledge your letter within 14 days with a full reply following within 28 days unless we have been unable to investigate your complaint within this time in which case a detailed explanation for the delay will be provided and a full reply sent in any event within 56 days.

We regret we cannot accept liability for any complaint of which we are not notified in accordance with the provisions of this clause.

15. Arbitration

In the unlikely event that we are unable to resolve any complaint amicably, you may if you wish refer the dispute to arbitration under a special scheme, which though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators.

The scheme, details of which can be supplied on request, provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £5000 per person.

There is also a limit of £25,000 per booking form. In addition, it does not apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, but claims with an element of injury not exceeding £1000 may be entertained

If you wish to make use of the scheme, written notice requesting arbitration under this scheme must be made within 9 months after the scheduled date of return from holiday but may in exceptional circumstances be offered outside this period. Full details are available from the Association of British Travel Agents, 68/71 Newman Street, London. W1P 4AH.

16. Circumstances that may result in your holiday being terminated

In these circumstances, our responsibility for your journey or holiday, including any return flights thereupon ceases. Full cancellation charges will apply and no refunds will be given. Furthermore, we shall then be under no obligation whatsoever to pay you any compensation or meet any costs or expenses you may incur as a result.

We reserve the right at our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is likely, in our opinion or that of any airline pilot or any other person in authority, to cause distress, danger, damage or annoyance to any of our other clients, employees, any third party or to property or if you are, or appear to be, unfit to travel by reason of intoxicating liquor, misuse of drugs or otherwise.

17. Special requests

If you have any special requests, please inform us as soon as possible in writing. Although we will endeavour to meet any such requests, we regret we cannot guarantee to do so. Special requests cannot be accepted for late offer holidays.

18. Disabled Clients

We are not a specialist disabled holiday company, but we will do our utmost to honour any special requirements you may have. Before making a booking we will need to know if you have any medical/physical/mobility needs which might affect how and if we can deliver all your chosen holiday services. These needs may affect your flight, transfers or the suitability of your chosen accommodation or other aspects of your holiday.

We would ask therefore that you advise us of any special needs/requirements to us in writing before making a reservation. Please note that this will not guarantee your needs will be met. It will however enable us to check the suitability of your chosen holiday based on the information supplied by you. We cannot be held liable if you fail to tell us about any special requirements that may affect the quality of your holiday.

19. Flight Timings

The flight timings quoted are for general guidance only and are subject to change. Latest timings will be shown on your confirmation invoice but updated information will if necessary be provided by way of the ticket or itinerary or by way of further confirmation or notification and you must read these very carefully to ensure you have the correct flight times.

You must in addition ensure you read and observe the instructions sent with your tickets for reconfirming your return flight. Generally, you will need to reconfirm by telephoning the airline or the airport two working days before the date of your return flight.

20. Check in Times

Generally, you will need to check in at least three hours before departure. If you fail to do so, you are likely to be refused admission to the flight. In the event of your being refused admission to any flight or destination, country, or U.K. on return by the airline or any government authority, we will not be under any liability to you and will not be able to assist you.

In the event of our being able to make alternative travel arrangements for you, you will be responsible for meeting all costs involved.

21. Carrier's Conditions

Please note that the relevant carrier's conditions of carriage will apply in the case of all air or sea travel some of which may limit or exclude the Carrier's liability to you, often in accordance with international conventions. Copies of these conditions of carriage are available for inspection at our offices.

Please further note that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve seats on board one of the airlines mentioned in our brochure or such other airlines as may be substituted.

22. Outward and return tickets

Both the outward and return portions of your ticket must be used. If you do not use the outward portion, you will not be allowed to utilise the return portion.

24. Infants

To be classed as an infant in accordance with the Air Navigation Regulations, a child must be under 2 at the date of return travel. At present, an infant is permitted to travel on an adult's lap or, if between 6 months and 2 years old at the date of return travel, in a car seat. If travelling in a car seat, the infant will occupy its own seat and will therefore be liable to pay a child's price for that seat.

Any car seat used must be approved by the airline and it is your responsibility to ensure that your particular seat is acceptable. Please therefore check this point with us at the time of booking.

25. Passports, Visas and health requirements

While we provide basic advice to UK citizens regarding passports and visa requirements clients not holding passports marked British Citizen should check with their Embassy or Consulate. You must make sure you have all the necessary valid travel and health documents to comply with the requirements of the country you are visiting.

26. Luggage

We cannot accept responsibility for any loss or damage or delay to your luggage unless directly caused by the negligence of one of our employees.

27. This contract

This contract shall be deemed to be made at the Registered Office of Sanctuary Spa Holidays Limited, 1 Kings Court, Harwood Road, Horsham, West Sussex RH13 5UR and is subject to English Law and the jurisdiction of the Courts of England and Wales.

Notes

1. Where the commission received by Sanctuary Spa Holidays Ltd from a supplier is insufficient to cover costs, a booking fee will have been included in the price quoted.

2. Where an outstanding balance is not received by the due date we reserve the right to charge a fee to cover the costs of the additional administration, credit control and postage that is incurred.

Data Protection

We comply with all legislation currently applicable for the Data Protection Act. However should you wish not to receive promotional material from us, please email info@sanctuaryspaholidays.co.uk or telephone 01293 229 895