1. GENERAL
Discover Holidays Limited, which also trades as Disabled Holidays or DisabledHolidays.com (“Discover Holidays” or “we” or “us”) arranges holiday accommodation and other holiday components (the “Service”) as an agent for the suppliers of the Service (the “Supplier”) and therefore your contract is with the Supplier and not Discover Holidays insofar as the provision of the Service is concerned. All bookings are subject to the terms and conditions of the agent or supplier which can be made available on request.
2. FORMATION OF CONTRACT
2.1 Before making a booking, you must contact us to obtain confirmation that your chosen Service is available for the dates required. In some instances the Supplier will require payment in full. Your holiday booking will be confirmed after the required deposit is paid. Holiday deposits are non-refundable.
2.2 A binding contract between the person making the verbal booking i.e. Lead passenger / representative will be made with DisabledHolidays.com. This contract is accepted by above with immediate effect. A holiday confirmation will be sent by the admin team approximately 7 working days after the booking has been made, dependent on the season.
2.3 You are responsible for payment of the price of the Service and compliance by members of your party with these conditions.
2.4 Bookings cannot be accepted from persons less than 18 years of age at the time of booking.
2.5 Discover Holidays reserves the right to refuse a booking without giving any reason.
3. PAYMENT
3.1 The balance must be paid no later than fourteen weeks before departure for UK & channel island holidays. The balance must be paid no later than sixteen weeks before departure for Overseas & Cruise holidays. Failure to pay the balance on time will constitute a repudiation of the contract by you and cancellation charges will become payable in accordance with paragraph 6.
3.2 If you book a Service less than fourteen/sixteen weeks before departure, the full price for the Service will be payable at the time of booking.
3.3 Late payments are subject to a late payment fee of £25. You will be advised of the balance due date at the time of booking, will receive a written confirmation after booking, and will receive a balance due reminder letter shortly before the due date.
4. THE PRICE
4.1 The prices is to be paid in £ sterling.- Subject to change and availability
4.2 When the commission we receive from the tour operator is insufficient to cover the costs of arranging your holiday we reserve the right to add a booking fee.
4.3 Accommodation is let fully furnished.
4.4 Occasionally some properties may require a security deposit to be paid in advance of the holiday in case of damages to the property or its contents. This will be refunded after the holiday at the discretion of the accommodation owner, subject to any breakages/damage. We are not liable to take payment of the security deposit – this is made payable to the direct owner and if this is not paid before arrival the accommodation owner can turn away your holiday accommodation.
4.5 PRICE PROMISE GUARANTEE
4.5.1 – Our price promise applies to holidays available from UK agents/tour operators and excludes special offers, promotions or deals whereby the holiday is not being sold at the everyday price.
4.5.2 – Claims must be received no later than 48 hours after your booking was made.
4.5.3 – The holiday must be available to buy at the time we receive your claim.
4.5.4 – The holiday must be an exact match, including all components, financial protection and terms & conditions (cancellation policy, deposits, guarantees, etc).
4.5.5 – You must submit proof of the price either by forwarding the exact link to where you found the holiday (if online), or request the tour operator or agent sends you the offer in writing (if over the phone/in store) and forward this to us.
4.5.6 – To validate any price we will require the date of the quote, the name of the travel agent/tour operator and the name of the travel consultant who provided you with the quote.
4.5.7 – After providing us with a valid claim you will receive 100% of the price difference within 28 working days.
4.5.8 – Please note our price promise is not applicable on holidays booked with certain tour operators.
5. ALTERATIONS OR CANCELLATION BY US
5.1 In the unlikely event that it is necessary to make an alteration to or cancel a Service specified in the confirmation invoice, we will inform you as soon as possible and, if requested, we will try to provide an alternative Service of a similar type and standard and in a similar location as that originally requested.
5.2 If the alternative Service is not acceptable, we will refund in full all monies you have paid and Discover Holidays shall be under no further liability to you.
6. CANCELLATION BY YOU
6.1 Any cancellation by you (for whatever reason) must be in writing addressed to us by post or e-mail. The effective date of cancellation is the date on which written notification is actually received by us. We reserve the right to cancel your holiday without notification 1 week before the supplier is due, cancellation charges still apply.
6.2 If you cancel fourteen/sixteen weeks or more before departure you will lose your deposit or the full payment that you have made if the Supplier required that at the time of making your booking.
7. AMENDMENTS BY YOU
Upon receipt of our booking confirmation please check the details to make sure they are correct. If, after your booking has been accepted, you require us to amend it in any way, or to re-invoice you, we reserve the right to charge an amendment fee. We reserve the right to treat a change of accommodation and/or Service dates as a cancellation of one Service and the booking of another.
8. INFORMATION
8.1 While we make every effort to ensure that descriptions supplied by the Suppliers are accurately reproduced, we cannot accept responsibility for errors contained therein or the results thereof. You must accept that minor differences between the photograph/illustration/text used and the actual Services may arise.
8.2 Suppliers reserve the right to make modifications to the Service specification that are considered necessary in the light of their operating requirements. In the interests of continued improvement, Suppliers reserve the right to alter furniture, fittings, amenities, facilities or any activities, either as advertised or previously available, without prior notice.
8.3 If we are advised of any material changes that occur after your booking has been confirmed we will advise you, as soon as we are notified.
8.4 All information provided on this website is correct as at the time of publishing – please check when booking in case of any changes.
8.5 All travel is sold on the understanding that you are in possession of a valid passport and visa(s) where required, for the countries you intend to visit.
9. YOUR RESPONSIBILITIES
You must keep the accommodation and all furniture, fittings, effects, facilities and equipment in the same state of repair and condition as at the commencement of the holiday, and leave the accommodation in the same state of cleanliness and general order in which it was found. You are responsible for all damage or loss, which occurs to the accommodation or its contents during your occupation, and will be responsible to paying appropriate compensation to the Supplier direct or to us as his or her agent in the event of breakages or damage. In these circumstances we reserve the right to pass on contact details to the supplier.
10. EQUIPMENT HIRE
All bookings made between DisabledHolidays.com and you / lead passenger are subject to these conditions;
10.1 DisabledHolidays.com will hire mobility equipment for your booking if required, all equipment is booked over the telephone by the agent and is booked purely on the understanding of what information you provide, we cannot be held liable for any incorrect equipment hire resulting from your failure to provide us with pertinent information. You will receive confirmation of equipment hire in your booking form for you to check and make sure the equipment we have hired is correct. All information will have been confirmed with your agent at Disabledholidays.com over the phone upon receipt of booking, If for any reason the hiring company makes a change to the contract, you may terminate the contract of the mobility equipment dependent on the supplier terms and conditions.
10.2 The representative or yourself shall sign to acknowledge receipt of the equipment on delivery. Any equipment shortages must be agreed and noted at the time of delivery. Any equipment defects should be reported to the hiring company as soon as possible after delivery.
10.3 You acknowledge that you do not own any of the equipment and accept responsibility for keeping the equipment safely and in good repair for the duration and in any event until it is returned to the supplier.
10.4 Equipment is operated in conformance with all relevant legislation, health and safety notices at any sites which are visited and in accordance with any operating and safety instructions which are supplied to the you by the supplier from time to time;
10.5 Any theft or suspected theft of mobility equipment is to be reported to the police without delay and a crime reference number is obtained; you must notify the supplier and disabledholidays.com within 48 hours of any theft, suspected theft or loss.
10.6 If you wish to cancel the mobility equipment aspect of the holiday; disabledholidays.com will need to be notified as soon as possible in order to cancel this with the supplier in order to avoid any cancellation charges.
11. COMPLAINTS
In the unlikely event that you are disappointed with the Service(s), you must first contact the accommodation owner, hotel or service provider (transfers, mobility equipment, excursions) who will try to solve the problem whilst on holiday, where this is not possible, you should contact us. Please see website for office opening hours. If after that, you still feel that the problem has not been resolved to a reasonable satisfaction, you should as soon as possible and in any event within 21 days of returning from your holiday, put your comments in writing to us and we will deal with accordingly. If you vacate the accommodation before the end of the rental period without authorization from the owner in writing, you may lose any rights to compensation. If you fail to notify us of a problem with your holiday until you have returned you may lose any rights to compensation – it is important we are notified of a problem immediately and given the opportunity to find a resolution whilst you are on holiday.
12. LIABILITY OF THE SUPPLIER AND DISCOVER HOLIDAYS
12.1 As we are only the agent of the Supplier we do not accept liability of any nature whatsoever.
12.2 As the agent of the Supplier we are instructed to inform you that the Supplier accepts no responsibility for the death of or personal injury of you or any person named on the Booking Form or any other person, unless this results from the proven negligence of the Supplier or his agents or employees.
12.3 We shall not be liable for any loss, breach or delay due to any cause beyond our reasonable control, including though not limited to, an act of God, explosion, flood, tempest, fire or accident, war or threat of war, civil disturbance, acts, restrictions, regulations, byelaws, or measures of any kind on the part of any governmental or local authority, strikes, lock-outs, or other industrial actions or disputes or adverse weather conditions. In any such case, the contract may be treated as discharged.
12.4 In the event of such discharge, our liability shall be limited to the return of the sums paid to and held by us (if any) in respect of the (unused) portion of the holiday calculated on a pro rata daily basis.
12.5 Without derogating from the generality of 11.1, we cannot be held responsible for breakdown of mechanical equipment such as pumps, boilers, swimming pool filtrations systems etc. nor for failure of public utilities such as water, gas and electricity.
12.6 Without derogating from the generality of 11.1, neither the Supplier nor we are responsible for noise or disturbance originating beyond the boundaries of the holiday accommodation or which is beyond our control.
13. CLEANING
The property will be clean at the beginning of the rental period and you must leave it clean at the end of the period.
14. BEHAVIOUR
The person agreeing to our terms verbally over the phone at the time of booking is responsible for the correct and decent behaviour of their party. Should you and your party not behave in such a manner, the Property Owner or his representative/agent may at his absolute discretion ask you and your party to vacate the property without any refund of the price.
15. SECURITY AND VALUABLES
Any valuable left at the property is left at your own risk. Without prejudice to clause 11 above, neither the Supplier nor Discover Holidays, nor our agents are responsible for the loss of these items. As with all accommodation in prime locations, there may be a risk of burglary. Where provided, burglar alarms must be activated, safes used and proper care taken against theft and burglary. We accept no responsibility for any loss, damage or consequential losses due to theft or any other security related incident howsoever caused.
16. INSURANCE
It is recommended that you and/or your party are covered by comprehensive travel insurance. An insurance policy that includes cancellation cover will protect you from loss of deposit or full payment due to unforeseen circumstances. Our suppliers are not sympathetic to refund requests regardless of circumstances as they expect travel insurance to be taken out for this purpose.
17. SEVERANCE
If any condition contained herein is found to be invalid or unenforceable in whole or in part for any reason it shall whenever allowed by the context be deemed replaced by such valid and enforceable condition whose contents are as close as permissible to those of the invalid or unenforceable condition. In any event the invalidity or unenforceability of any condition shall not affect the remaining conditions herein.
18. LAW
All contractual obligations arising out of these booking conditions shall interpreted in accordance with and be subject to English law and you agree to submit to the exclusive jurisdiction of the English courts.