Fun and Fitness Holiday
Terms and Conditions
IMPORTANT TO NOTE
Please read these terms and conditions carefully, they form an important part of the contract for your holiday.
All holidays advertised on our website are operated by Agnes Electra Ltd (hereinafter called ‘the Company’ or ‘we’), a company registered in England under company number 6941323 whose registered office is C/O Barnes Roffe LLP, 3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex UB8 2FX. Our trading name is ‘Agnes and David’ and our trading address is at 151-153 Gloucester Terrace, London W2 6DX.
If you need to contact us with any questions or if you have any complaints please e-mail us at firstname.lastname@example.org or telephone us on 020 7479 9827.
Please Note: Adequate and valid travel insurance is compulsory for our participants and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.
Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked through us and for your repatriation in the event of our insolvency. We will provide you with financial protection for any holidays booked through us through Protected Travel Services Limited (Membership Number AE 5067) (‘PTS’). PTS provides you with complete protection against our insolvency as well as the suppliers we use. This protection lasts from the point you book your holiday with us through to the point when you return.
Your Travel Booking
You must be 18 years old at the time of booking and possess the legal capacity and authority to book and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself.
There is one payment option to choose from. Option A, where you pay the whole sum for your holiday (including a non-refundable deposit) upfront.
Option A – One Upfront Payment Of Total Amount Due
On booking you pay both the deposit and balance for your holiday in one lump sum via our SagePay secure payment page.
Option B – Payment By Installment
We also accept payments for your holiday by installment via our SagePay secure payment page. Your non-refundable deposit is payable on the day after you set up payments by instalment through SagePay. Thereafter payments by instalment will be taken from your account via SagePay on the same day of each month as the deposit until all the instalments have been paid. All payments have to be paid not less than 30 days prior to departure.
The most up-to-date payment amounts are displayed on our main events page: https://www.agnesanddavid.com/event/fun-fitness-holiday-lanzarote-2018/
Confirmation Of Booking And Your Contract With Us
A payment confirmation invoice will be e-mailed to you by SagePay once you have paid for your holiday. The contract between us is formed on completing the payment for your holiday via SagePay.
If We Cancel Your Booking
We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday, except where this is because you have not paid, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one. We will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the ‘Important Note – Events Beyond Our Control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than 6 weeks before you go, unless this is the result of one of the events in the ‘Important Note – Events Beyond Our Control’.
Major Changes To Your Holiday
Occasionally, we have to make major changes to the accommodation making up your holiday with us.
Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control (see ‘Important Note – Events Beyond Our Control’), using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category. These changes are only examples and there may be other significant changes which constitute major changes.
If we tell you about any of these changes after we have confirmed your holiday booking, you may either:
- accept the new arrangements offered by us; or
- accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or
- cancel your holiday with us and receive a full refund of all monies paid.
Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important Note – Events Beyond Our Control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price, at the date of the change.
This standard payment will not affect your statutory or other legal rights.
Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change.
|Period before departure when a major change is notified||Compensation payable per person|
|84 days or more||0|
|83 – 29 days||£10|
|28 – 15 days||£20|
|14 – 8 days||£30|
|7 – 0 days||£40|
If The Change Is Not Acceptable To You
If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us and we will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change unless the change is for reasons beyond our control (see ‘Important Note – Events Beyond Our Control’). This standard payment will not affect your statutory or other legal rights.
Important Note – Events Beyond Our Control
Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
If You Cancel Your Booking
If you want to cancel your booking, you must contact us as soon as possible. Notice of cancellation will be effective upon receipt of your written confirmation. Once your booking has been cancelled you can expect to receive a cancellation invoice within 14 days. If you don’t please contact us.
To cover the cost of processing your cancellation, and to compensate us for the risk that we may not be able to resell your booking, we’ll make a cancellation charge on the scale shown below. You are responsible for paying this charge.
All communications relating to this contract (in particular any requests to cancel or amend your holiday arrangements) must be in writing and delivered by hand, e-mail (email@example.com) or sent by recorded delivery to 151-153 Gloucester Terrace, London W2 6DX.
Note: If the reason for cancellation is covered under the terms of your holiday insurance policy you may be able to reclaim these charges.
Guide To Our Cancellation Charges
These charges are based on how many days before your holiday we receive your cancellation notice, and are a percentage of the total cost of your booking including your deposit.
|Period Before Departure When Notice Of Cancellation Is Received||Percentage Of Total Booking Price|
|70 days or more||Loss of deposit|
|69 – 57 days||30%|
|56 – 43 days||50%|
|42 – 29 days||70%|
|28 – 15 days||90%|
|14 – 0 days||100%|
Your deposit is non-refundable.
If You Have A Complaint
If you have a complaint about your accommodation whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straightaway by phone or e-mail and we will endeavour to assist. If you do not give us the opportunity to resolve any problem locally by reporting it to the accommodation supplier, or calling and informing us then we may not be able to deal positively with any complaint that you make to us in writing.
Our Responsibility For Your Holiday
We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described, we will pay you compensation, if appropriate, unless this is due to reasons beyond our control (see ‘Important Note – Events Beyond Our Control’).
We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses. These businesses should follow local standards. However, overseas safety standards are generally lower than in the UK.
It is your responsibility to seek professional medical advice before you book your holiday with us to ensure you are physically fit and able to participate in our fitness classes and activities which are included as part of your holiday.
You should also seek professional medical advice before travelling so you can be aware of any potential risks to your health and accordingly take all necessary precautions and preventative measures. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org. Information on health is available from the Department of Health via its website www.dh.gov.uk and from most Post Offices. Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is your own responsibility to comply with all current passport, visa and health requirements. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you haven’t yet got a passport, you should apply for one at least 6 weeks before departure. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country which our holiday is taking place in.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation including an acceptable passport and any necessary visa(s) and/or health certificate. If failure to have any necessary documentation results in fines, surcharges or other financial penalty being imposed on us or costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
If you suffer injury, illness or death directly as a result of the services provided as part of your holiday we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, our liability in all cases shall be limited to a maximum of three times the cost of your holiday.
- You must tell us and the supplier involved about your injury or illness while you are in the resort (see section on Complaints). You should also write to us at 151-153 Gloucester Terrace, London W2 6DX about your claim within three months of coming home from your holiday to allow us to investigate it properly and co-operate with us so as to enable us to carry out such investigation. Please include a letter about your injury or illness from your doctor if you can.
- You should transfer to us any rights you have against the supplier or any other person.
- You should co-operate fully with us if we or our insurers want to enforce those rights.
- Any payments we make may be limited in accordance with international conventions.
We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.
The activity timetable and other details of your holiday advertised on our website are published in good faith as statements of intention only and reasonable changes in the activity timetable may be made where we deem necessary or advisable.
From time to time we may introduce you to reputable third party suppliers of excursions or other leisure services. If you choose to enter into a contract for the provision of excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity of an agent, and therefore would have no liability for the proper performance of that contract.
These terms and conditions will not apply to any contract for the provision of excursions or other leisure services.
Conduct While Travelling
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other holiday participant or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice. You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
Photography and testimonial
If you book via our website, we will communicate with you using the e-mail address and telephone number you have provided.
These terms and conditions constitute the entire agreement between us with regard to your booking.
Law and Jurisdiction
Your contract with us shall be governed by and construed in accordance with the law of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with your contract with us. You may however choose to submit to the law and jurisdiction of Scotland and Northern Ireland if you are resident in either of these jurisdictions but not to any other law and/or jurisdiction.