OUR AGREEMENT FOR YOUR ACCOMMODATION BOOKING
Italy First Choice is a trading division of Solitair Limited, Company Number 7436380, having its Registered Office address is 7 Arundel Street, Manchester M15 4JZ, United Kingdom and this section entitled ‘Our Agreement with You’ sets out what you are legally entitled to expect from us when you book accommodation with us. As this is a single component, (Accommodation only) the Package Travel, Package Holidays and Package Tours Regulations 1992 do not apply.
It is our wish that you thoroughly enjoy your holiday and therefore we would urge you to read the booking conditions and important information before booking your holiday. We hope you will find the information useful. Set out below are the conditions that apply to your holiday with us. Our intention is to avoid complicated and lengthy legalese in our relationship with you and to ensure that principles of fairness and reasonableness should apply in the unlikely event of there being any dispute between us.
Please read these terms carefully before completing and signing the online booking form. The full contents of our website form the basis of your contract with us. Please ensure that you have read and understood all information on this and other pages. Your contract with Italy First Choice commences on the date of issue of the confirmation invoice. Your holiday contract will be with Italy First Choice Ltd trading as Italyfirstchoice.co.uk whose registered office is 7 Arundel Street, Manchester, M15 4JZ.
1. Your accommodation booking
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and take up the offers advertised by us if they are still available. It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured and any person who is under
18 years old must be accompanied by an adult whilst staying at the accommodation. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation for you. Next, we will send you or your travel agent a confirmation invoice. If any detail on the confirmation invoice is not correct you must tell us immediately. If there is an obvious error on the confirmation invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the confirmation invoice or, if your date of arrival in the accommodation is within 7 days, no later than 24 hours before that date. If any of these changes are material and are not acceptable to you, you will be entitled to a full refund.
2. The price you pay
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen accommodation advertised by us before confirming your booking.
We reserve the right to increase the price of your accommodation after you have booked but no later than 30 days before the arrival date stipulated and will forward an Amendment Invoice reflecting any changes made.
After a Confirmation Invoice has been sent to you, any increase to your accommodation price will be as the result of changes in our costs of supplying your accommodation resulting from currency fluctuations and government action. An administration charge is included within these amounts.
3. If we cancel your booking
We aim to provide your accommodation as booked. But if, for example, you do not pay the balance of the accommodation price on time, we may cancel it. We reserve the right to cancel your booking in any circumstances but if we cancel your booking you can either have a full refund or accept replacement accommodation from us of equivalent or closely similar standard and price (if one is available). Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking and we will always refund the difference in price if the replacement accommodation is of a lower standard and price. Other than in the case of non-payment, we will not cancel your booking less than eight weeks before you go, unless this is the result of an event that is out of our control, such as war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, hurricanes and other actual or potential severe weather conditions, and any other similar events.
4. If we change your booking details
We hope that we will not have to make any change to your booking but, because accommodation is reserved many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. This can include the choice of a replacement accommodation from another our travel group company, however, the terms and conditions of your booking will not change and these conditions will still apply to your booking. We will let you know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your planned arrival date at the accommodation.
5. Our responsibility for your accommodation booking
We will arrange for you to receive the facilities that make up the accommodation that you choose and that we confirm. We are responsible for making sure that each element of the accommodation you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you).
We have taken all reasonable care to make sure that the accommodation you have booked with us is provided by an efficient and reputable supplier. This supplier should follow the local and national laws and regulations of the country where the accommodation is situated. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe.
6. Personal injury
This section covers injury, illness or death while you are staying at the accommodation that we have booked for you. We have no direct control over the way our suppliers maintain and operate their properties but everyone employed or contracted by us or by our suppliers is expected to carry out their duties in accordance with accepted standards of behaviour. If they do not carry out their duties in accordance with accepted standards of behaviour. (or at all) and that fault results in your injury, illness or death, 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, it will be similar to one you would receive under English law in an English court. We will make such payments for injury, illness or death on the basis that you are expected to accept that:
Your Agreement with Us
7. Your contract
By asking us to confirm your booking, you are accepting that the terms of this Agreement constitutes the entire agreement between us with regard to your booking and your accommodation. You also consent to our processing personal information about you and other members of your party. 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 or Northern Ireland if you are resident in either of these juridictions but not to any other law and/or jurisdiction.
8. Paying for your accommodation booking
If you are booking the holiday more than 30days before your holiday commences you will be required to pay £100 deposit / per person of your accommodation price before we can confirm your booking. If your are booking the holiday within 30 days of our holiday commences you will be required to pay 100% of the accommodation price. Within one weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last invoice issued by us, at least 30 days before your planned arrival date at the accommodation. If you do not, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last invoice.
If payment for your booking is made by credit card (Master/ Visa 02% a handling fee will apply and all debit card is subject to a £5 minimum card charges. Please check fee at the time of booking.
Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of £10 per incident and associated costs.
We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
9. If you change or cancel your booking
If you wish to change or cancel your booking you must advise us. If you want to change any details of your booking (such as changing to different accommodation or changing a name in your party), we will do our best to help. If a change you requested is made we will charge an ‘amendment fee’ for each detail of the booking which we allow you to change without a cancellation. If you make the allowed change more than 30 days before the date of arrival at the accommodation, the fee will be £35 per change per person. If you make the allowed change within 30 days of the date of arrival at the accommodation, the amendment fee will be £50 per change per person.
If you want to cancel your accommodation booking or part of it the lead name on the booking must advise us. Once we receive your notice of cancellation you should expect to receive a cancellation invoice within 14 days. If you do not then 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 accommodation, we make a cancellation charge on the scale shown below. The person who made the booking is responsible for paying this charge.
The size of the charge depends on when we receive your notification – the more notice you give, the less we will charge.
These charges are based on how many days before your booked arrival time we receive your cancellation notice. These charges are a percentage of the total cost of your booked accommodation.
Period before departure within which written notice of cancellation is received. % of total booking price.
|PERIOD BEFORE DEPARTURE WITHIN WHICH WRITTEN NOTICE OF CANCELLATION IS RECEIVED||
% OF TOTAL
|30 days or more||Loss of deposit|
|30 - 20 days||50%|
|20 - 0 days||100%|
If a low deposit scheme was used for your booking, the full deposit will need to be paid in full upon cancellation, if you have not already paid it.
Some types of accommodation (such as apartments, or hotel rooms with reductions for three adults) are priced according to the number of people staying there. If your booking changes because someone in your party cancels, we will recalculate your booking cost based on the new number of people staying. If fewer people share the accommodation, then the cost for them may go up. This extra cost is not a cancellation charge, and it is not covered by our insurance.
10. 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 straight away by telephone/fax/e-mail and we will endeavour to assist. If you are still not satisfied, you must write at the address given in our website within 28 days of your leaving the accommodation to allow your complaint to be investigated properly. Please write your
booking reference on your letter, and include your daytime and evening telephone numbers. 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.
11. Your Conduct towards staff and other guests
We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or affects other guests or is threatening or abusive towards our staff or agents in the UK or resort, on the telephone, in writing or in person. In any of these circumstances you may be evicted from the accommodation and no refunds will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour. Criminal proceedings may also be instigated. Reference to “you” or “your” includes for the purposes of this section the conduct also of any other person in your
12. Your accommodation
The accommodation must only be used by those people named on your Confirmation Invoice (or on any Amendment Invoice issued). 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.
13. Other Services
We provide accommodation only bookings. On request, we can provide scheduled flight, charter, low cost carrier and transfer service. These are not part of a package.
Some airfares are booked at especially competitive rates to which the airlines may attach severe restrictions.
You may be asked to pay for these in full at the time of booking and they may be non-refundable in the event of a cancellation. Details will be given at the time of booking.
We can only accept responsibility for matters directly linked to the contract between us. Should it be necessary for us to amend or cancel an accommodation only booking we cannot accept liability in respect to any costs you may incur in respect of any other service or product, including flights, you have purchased independently of Italy First Choice, or you have request Italy First Choice to book for you. An Accommodation only booking fee will apply. No payments whatsoever shall be made in this respect as our contract with you is solely for the provision of accommodation only.
The liability of all carriers are generally governed by the Warsaw convention, Hague protocol or Athens convention. Please note flights are subject to the airline contract.
14. Contacting you
If you book via our website or have opted in other circumstances for us to contact you via e-mail, we will communicate with you using the e-mail address you have provided. For example, to provide your e-confirmation, e-cancellation, etc. We will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via our call centre or in writing as required in our terms and conditions.