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Terms and Conditions - Spanish Holidays

 

Who we are:

We are Yellowdays Travel Ltd, a limited company registered in England and Wales with registered address at Unit A2b Britannia Centre For Enterprise, Pengam, Blackwood, Wales, NP12 3SP and company number 12192894 (Yellowdays).

 

These terms and conditions shall automatically apply to bookings between you and Yellowdays in respect of holidays to Spain only. 

 

This contract sets out:

•your legal rights and responsibilities;

•our legal rights and responsibilities; and

•certain key information required by law.

 

In this contract:

•‘We’, ‘us’ or ‘our’ means Yellowdays;

•‘You’ ‘your’ or ‘client’ means the person using our site to buy holiday services from us;

•‘Terms and Conditions’ means the terms and conditions contained in this document; and

•‘Website’ means our website located at yellowdays.co.uk.

 

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

•email info@yellowdays.co.uk (Monday to Friday: 9 am to 5 pm); or

•telephone 01443 567014 (Monday to Saturday: 9 am to 5 pm).

 

By making a Booking and agreeing to these Terms and Conditions you represent and warrant that:

 

a. you have read and agreed to these Terms and Conditions;

 

b. where you are making the booking on behalf of other clients (a Lead Client), you confirm that you have the authority of each other client whose name appears on the booking form to enter into this contract with the Company in accordance with these Terms and Conditions. Notwithstanding the foregoing, each client shall be a party to these Terms and Conditions;

 

c. you have provided each client with a copy of these Terms and Conditions and explained to each client that they will be bound by the same as a party to the contract;

 

d. you consent to our use of personal data in accordance with our Privacy Policy and are authorised on behalf of all persons named on the booking to disclose their personal details to us, including any sensitive personal data required to make the booking;

 

e. you are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declare that you and all members of the party are of the appropriate age to purchase those services;

 

f. you accept financial liability, jointly and severally, for making full payment for the Booking on behalf of all persons detailed in the Booking.

 

Yellowdays makes every effort to ensure the accuracy of their brochures and website information and pricing, regrettably errors do sometimes occur. You must therefore ensure you check the price and all other details at the point of Booking.

1. Your privacy and personal information

1.1.Our Privacy Policy is available at www.yellowdays.co.uk

1.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

 

2. Bookings and deposits

2.1. All holidays must be booked through our standard reservation system or online through our Website (a Booking).

2.2. By making a Booking, you are agreeing to:

2.2.1. these Terms and Conditions; and

2.2.2. our Privacy Policy.

2.3. A deposit of £25 per person (Deposit) must be paid if booking more than 8 weeks prior your departure. For the avoidance of doubt, all deposits are non-refundable and are made to cover the reasonable administration costs with the initial handling of your Booking. We will not be able to reserve a Booking where the appropriate deposit has not been paid.

2.4. If Booking occurs within 8 weeks of your departure date you will be required to pay the full amount payable for your holiday at the time the Booking is made.

2.5. The contract between you and Yellowdays will not come into effect until the Booking is:

2.5.1. received by us (either via telephone, in writing via post, online or through our social media channels); and

2.5.2. entered onto our reservation system; and

2.5.3. we issue you with a confirmation of the Booking in writing.

 

3. Cost and Payment terms

3.1. Any prices stated in our brochure are per person and during the dates specified.

3.2. All prices quoted may not include certain supplemental items, including but not limited to:

3.2.1. meals on route;

3.2.2. additional supplements and surcharges as set out in this Contract;

3.2.3. access to pools and baths;

3.2.4. drinks with meals (except breakfast);

3.2.5. gratuities;

3.2.6. porterage;

3.2.7. transport between the resort coach terminal and your accommodation

3.2.8. a damage deposit (if required by the hotel);

3.2.9. transport to and from the UK pick-up and drop-off points; and

3.2.10. all other items not specified are not included in the holiday costs (such as optional excursions and refreshments on board the coach).

3.3. Any prices provided in our brochure, supplements or via any other advertisements are merely invitations to treat and are indicative only; they may increase or decrease from time to time. You will be advised of the correct cost of your holiday at the time of Booking and shall have the option to decide whether to proceed or not to make the Booking. Should you proceed to book your holiday with Yellowdays you will be liable to pay the price of the holiday given to you on the day of the Booking (the Cost) in accordance with these Terms and Conditions. A final invoice shall be sent to you setting out the amount due to Yellowdays (i.e. the Cost, any Surcharge and any other fees due) specifying a due date by which all payments for your holiday should be received (Final Invoice). Your Final Invoice shall be guaranteed against any further Surcharges pursuant to clause 4.

3.4. All prices quoted will be based on the following exchange rate: Euro 1.1.

3.5. Unless already paid in full in accordance with clause 2.4, the final balance of the Cost of the holiday must be paid at least 8 weeks before the due date of your departure.

3.6. In the event that payment has not been received by us in accordance with clause 3.5, your Booking may be cancelled by us without further notice and a cancellation fee shall fall due in calculated in accordance with clause 6.  If the Booking is not cancelled but payment is not received by the due date, we cannot guarantee that the original accommodation booked will be available. In this event we shall use reasonable endeavours to procure equivalent accommodation for you.

 

4. Surcharge

4.1. In addition to the Cost, you may be liable for a surcharge fee (a Surcharge).

4.2. A Surcharge may fall due in the event of the price of your holiday being affected by factors such as, but not limited to, Government action, or changes in currency rates, the cost of fuel, port taxes, continental road taxes, coach charter rates, ferry rates and VAT (as the Cost is calculated based on information and rates available at the time of Booking). A Surcharge shall only fall due in the event that there is a total increase equivalent to 2% or greater of the Cost.

4.3. Where a Surcharge is payable there will be an administration charge of £25.00 together with an amount to cover any agents’ commission in respect thereof. If a Surcharge is in excess of 10% of the Cost, you will be entitled to cancel your holiday with a full refund of all money paid except for any deposit or amendment charges. You will be notified of any Surcharge payable in your Final Invoice. Should you decide to cancel because of this you must notify us in writing within 7 days of being notified of the date of your Final Invoice.

 

5. Amendments to your Booking

5.1. Occasionally, we have to make minor changes to your holiday. Examples of a minor change are: a change of seat number, an itinerary/excursion change such as change of day, destination or transport method, a change of accommodation to a similar or better standard, removal or closure of a hotel facility, a change of pick up point to an alternative within 10 miles of your original one. We will notify you of such a change as soon as possible.

5.2. In the event that a material change or cancellation of your Booking is necessary, we will contact you and offer you the following:

5.2.1. Accepting the changed arrangements.

5.2.2. Transferring to an alternative holiday specifically offered by us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference.

5.2.3. If you do not wish to accept the holiday we specifically offer you, you may choose any other then available holidays. You must pay an applicable price of any such holiday. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper.

5.2.4. Cancelling or accepting the cancellation in which case you will receive a full and prompt refund of all monies you have paid to us (less your deposit).

5.3. A material change means a major change made before departure, such as the following: change of outward departure point to one more than 10 miles from the original, a change of destination (unless it remains suitable for the tour itinerary, a significant change in itinerary (unless enforced by Covid-19 restrictions), a change of departure or return time by more than 12 hours, a change of accommodation to that of a lower category for the whole or the majority of your holiday.

5.4. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirements of these Terms and Conditions entitling us to cancel or if the change is a minor one. 

5.5. In some cases holidays arranged by us may operate subject to there being a minimum number of persons required. In the event that minimum numbers have not been reached, we reserve the right to cancel your holiday and refund all monies paid. We promise not to cancel for this reason within 28 days of departure and we will not pay any compensation in this event.

5.6. If we have to cancel your holiday due to the unforeseeable and unavoidable impact of Brexit we will refund the Cost minus your deposit. However, as Brexit is beyond the control of travel companies, compensation in any form will not be applicable or payable to you.

5.7. Force Majeure: Except where otherwise expressly stated in these Terms and Conditions, we cannot accept any liability, offer any refunds or pay for any loss incurred or compensation where the performance of our contractual obligations is prevented or affected or you otherwise suffer any damage or loss as a result of a force majeure event. A force majeure event means any event or circumstances which we or the supplier of the services in question could not, even with all due care, foresee or avoid and is therefore an event beyond our, or the suppliers’, reasonable control. These events whether actual or threatened include but are not limited to strikes, riots, political/civil unrest, government acts, hostilities, war, terrorist activity, advice from the UK Foreign Office to avoid or leave a country or region, industrial dispute, natural or nuclear disaster, fire, viral outbreak, health risks, pandemics, adverse and severe weather conditions, and closure, restriction or congestion of transport hubs.

5.8. We reserve the right to change hotels or accommodation or alter routes or resorts on any tour and at any time, should this become necessary and bookings will only be accepted on this understanding. If the alternative accommodation provided in these circumstances is of significantly lower standards than advertised in our brochures we will refund as compensation a reasonable proportion of the part of the holiday price paid in respect of accommodation but otherwise we will be under no obligation to you in respect of alteration in accommodation due to over booking of deficiency in services or amenities beyond our control.

5.9. The coach transfer scheduled may also be subject to alteration due to circumstances beyond our control. As a result of this, it may necessary for us to vary your holiday programme.

5.10. For all amendments by you, the following rules apply.

5.10.1. All amendments must be submitted in writing with the required amendment fee, to our head office address or via email.

5.10.2. To change the date of departure or the holiday accommodation, you will have to cancel the Booking subject to cancellation charges stated in clause 6, and re-book the required date of accommodation.

5.10.3. An amendment to your booking (e.g. changing a name or a pick-up-point) following your Booking confirmation is subject to the following amendment fees:

5.10.3.1. More than 8 weeks prior to departure £15 per person.

5.10.3.2. Within 8 weeks of departure £60 per person.

 

6. Cancellation by you

6.1. The client may cancel the Contract by giving the Company written notice and subject to the following cancellation charges for all bookings.

Days’ notice prior              Cancellation fee

to departure date               (% of the Cost)

0-10                                       100%

11-21                                     90%

22-35                                     70%

36-55                                     50%

56 days and over                 Deposit only

 

7. Cancellation by us

7.1. All cancellations shall be made in writing and sent by post or by email to the Lead Client to the address/email address provided by them in the Booking.

7.2. The company may cancel the contract if you fail to make any payments in accordance with these Conditions. Cancellation under this clause 7.2 shall entitle us to retain all sums held by us at the time of cancellation (including deposits).

 

8. About your holiday

8.1. Length and duration:

8.1.1. 10 day holidays provide for 7 nights in the resort;

8.1.2.17 day holidays provide for 14 nights in the resort;

8.2. Departure day shall be on a Friday with the return day being on the corresponding Sunday. Full details will be confirmed during your Booking.

8.3. Insurance: Insurance is not included in the Cost. You are strongly recommended to ensure that you have adequate travel insurance in place. Please note that the rules surrounding EHIC have changed in light of Brexit. You are encouraged to ensure that you take out a travel insurance policy which provides health related cover.

8.4. Facilities: Some of the facilities in this brochure are not always available. Seasonal variations mean that not all facilities may be available at all destinations (e.g. pools may not be open, entertainment reduced/cancelled). This is reflected in the reduced price offered  price at the time of Booking.

8.5. Accommodation: We have no control over the hotel or their other guests. In peak periods the resorts and accommodation will be at maximum capacity and can be very noisy.

8.6. Conduct: It is important to us that all our clients have an enjoyable holiday. Therefore we must remind you that you are responsible for your behaviour and the effect that this may have on fellow passengers. We or our representatives (including coach drivers) may refuse to allow you to board, or require you to disembark, the coach if you are, in our/their reasonable opinion acting in a violent, abusive, disruptive or criminal way. In the event that this should happen, the contract between us shall cease and we will have no further obligation or liability to you.

8.7. Should any equipment or furnishings at your holiday accommodation be lost or damaged during your stay, you will be expected to make a cash settlement for all necessary replacement/repair before leaving the resort. We shall have no liability for any damage you cause to third party property during your holiday.

8.8. Should you cause any damage to, or make an unreasonable disturbance in, your holiday accommodation its proprietor may at his discretion seek to evict you. We do not accept any liability for any loss or damage you suffer thereby. However we would endeavour to assist you in these circumstances.

8.9. We reserve the right to withdraw any free drinks/fully inclusive facilities if the system is abused or in the event of unruly behaviour. The holiday may be curtailed for which we accept no liability and no compensation or refund will be made.

8.10. Single Occupancy: Single occupancy of rooms when available may be subject to a supplementary charge, details of which will be provided to you at the time of booking. Such a supplement is payable for your privacy only and does not reflect on the size or standard of the room.

8.11. Luggage: All clients are responsible for ensuring that all their luggage is clearly labelled and easily identifiable. 

8.12. Permissible luggage shall be:

8.12.1. A single suitcase or holdall per client over the age of 2 years not exceeding 30” x 18” and 18kg; and

8.12.2. A single overnight bag or other item hand luggage per client over the age of 2 years.

8.13. Any item you purchase on holiday will have to be transported back within the luggage limits; heavy, bulky items will not be transported home.

8.14. One small cooler bag can be taken on board in place of one piece of hand luggage.

8.15. Any mobility equipment (e.g. wheelchairs) which are required are to be transported must be detailed in your Booking.

8.16. A single buggy or small flat folding pushchair per family will be permitted on the coaches in place of one suitcase.

8.17. All client property including luggage remains the client’s responsibility throughout and we will not accept any liability for damage or loss whatsoever.

8.18. Passengers are advised to insure their luggage and property against damage and loss before departing.

8.19. We will not be responsible for any damage caused to or by luggage exceeding the weight restrictions.

8.20. All glass bottles/breakables in your luggage are carried at your own risk.

8.21. Entertainment: Entertainment is organised by the resorts and is aimed at their guests nationalities. Therefore, advertised entertainment may be altered to reflect this, or even cancelled. Nightly entertainment is not guaranteed.

8.22. Health and Safety: It is the responsibility of parents or guardians to ensure the health and safety of their children and that they have adequate supervision at all times. It is your responsibility to check any hire equipment is safe and usable before use.

8.23. Swimming pools may not be thoroughly regulated. You are responsible for ensuring your own safety and the safety of your children when using swimming pools. Please be aware that hotels may not provide lifeguards or display pool depths. It is your responsibility to follow any hotel rules.

8.24. Since holidaymakers drink around the pool, you should be wary of any broken glass in the pool area.

8.25. Insects may be more prevalent in Spain. This is due to the climate rather than to unhygienic conditions.

8.26. Spanish sewerage systems are different from those found in the UK. When it rains heavily or gets very hot, bad odours may occur.

8.27. Third parties: Holidays involves dealing with hoteliers, ferry operators and other contractors over which the Company has no control. Should a dispute arise between yourself and one of our contractors or suppliers we will attempt to mediate to bring about an early resolve to any problem that may have arisen.

 

9. Using our coaches

9.1. Coaches may be delayed or diverted due to reasons beyond our control and no compensation will be offered for such delay or diversion. All timings quoted are approximate and subject to alteration.

9.2. If arrival at the destination is later than the first planned meal then no compensation for the missed meal can be offered and the meals included in your package commence with the next scheduled meal.

9.3. Boarding: It will be the responsibility of the clients to ensure that they arrive at the pick-up point to the time specified on your boarding tickets (it is recommended that you arrive at least 30 minutes prior to the scheduled time of departure).

9.4. We will not accept liability for clients failing to meet the coach for whatever reason.

9.5. We will not be liable for any expenses incurred resulting from delays on departure or arrival.

9.6. We will not accept any liability if an inferior type of coach from that advertised has been used due to emergency or other unforeseen circumstances.

9.7. Our operators invest in air conditioning on our coaches but cannot take responsibility for any malfunctions that may occur

9.8. Seats are allocated by the company and it is not possible under any circumstances to book or request specific seats on any coach.

 

10. Limit on our responsibility to you

10.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

10.2. losses that:

10.2.1. were not foreseeable to you and us when the contract was formed;

10.2.2. were not caused by any breach on our part;

10.2.3. business losses; and

10.2.4. losses to non-consumers.

 

11. Health matters

11.1. Our holidays may not be suitable for people with certain disabilities, dietary requirements or medical conditions. If you have a disability, coaches may be difficult to access and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. We ask you to provide details of members of your party suffering from any disability or pre-existing medical condition which may impact out service to you. You should provide full written details at the time you book the holiday including any specific requirements that each client has. We reserve the right to request a doctor’s certificate confirming fitness to travel. Additionally at the time you book the holiday you must provide written confirmation that all assistance the disabled person requires will be provided by you as drivers and other staff are unable to provide such assistance.

11.2. Covid-19 liability limitations: You and Yellowdays each have obligations to comply with any laws or guidance from relevant governments or local authorities, both in the UK and whilst on holiday. Please note that we will accept no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

11.2.1. If you, or anyone in your booking party, test positive for Covid-19 and/or have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:

11.2.2. Postponing your holiday to a later date. We will notify you if we have to postpone your holiday and any change to its price as a consequence.

11.2.3. Cancelling your holiday, in which case our standard cancellation charges shall apply under clause 6.

11.2.4. If you fail any tests, checks or other measures imposed by us, suppliers, airlines, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

11.3. You acknowledge that we will need to comply with national and regional laws and guidance relating to Covid-19. We may implement measures as a result including, but not limited to, requiring staff and clients to use face masks, and implementing social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday. Your safety is our prime concern.

 

12. Complaints:

12.1. We will try to resolve any disputes or complaints with you quickly and efficiently.

12.2. If you are unhappy, please contact us as soon as possible.

12.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

12.3.1. let you know that we cannot settle the dispute with you; and

12.3.2. give you certain information about our alternative dispute resolution provider if applicable. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal.

12.3.3. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

12.3.4. The laws of England and Wales will apply to this contract.

13. Third party rights

13.1. No one other than a party to these Terms and Conditions has any right to enforce any terms of this contract


 

Contact Us

Yellowdays Travel Ltd
Unit A2b Britannia Centre for Enterprise, Pengam Road, Pengam, Blackwood, NP12 3SP