EVENT BOOKING TERMS AND CONDITIONS
Definitions and Interpretation
These Booking Conditions set out our obligations to you and your commitments to us when you book arrangements with us and these together with the information contained in the booking confirmation letter forms the basis of our contract with you.
(i) "we" "us" and "our" are references to DMC Service Company trading as (BenidormVIP & Benidorm Events) ("S.L").
(ii) "you", "your" or "party" means all persons (or any of them including the Lead Customer) named on the booking (and persons added or substituted at a later date).
(iii) "Arrangements" means the activities, events, transport, accommodation, meals and other services of whatever description (or any of them), as applicable, booked through us for you in accordance with our contract
(iv) "Lead Customer" means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person).
(v) "Force Majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
(vi) "in writing" means by facsimile, email or letter.
We are not an agent, we are the supplier in respect of most bookings we take and/or make on your behalf and in such cases, your contract will be with the supplier of the Arrangements in question. In respect of these bookings we will accept no liability in relation to any contract you enter into or for any Arrangements you purchase or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any Arrangements. When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the Arrangements. Your booking with us is subject to these terms and conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you. Where we act as an agent, the itinerary we issue at the time of booking will set out the suppliers on whose behalf we act and a link to where you can find their booking conditions. For bookings where we enter into a direct contract with you for the sourcing and supply of Arrangements, we will accept liability as set out in clause 10 below.
All our Arrangements are made up of different elements that are available to be purchased separately. In other words, you may decide to just purchase the accommodation element of the itinerary or you may decide to just purchase the activity or activities that feature within that suggested itinerary. We will treat each element separately so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. Prices confirmed to you prior to your payment of your deposit will be listed and priced by element and each element of the programme is available to buy separately at the same price as it would be if more than one element is booked.
Once the group leader has paid the deposit or full payment as applicable (see clauses 2 and 3 below), we will confirm your booking by sending a confirmation email at which point a binding contract between you and us or each applicable supplier as applicable will come into existence. Any email confirming that we are holding your booking on behalf of a supplier does not constitute a contract. Should we acknowledge your booking prior to sending a confirmation email, such acknowledgement will be an indication that we are processing your quotation and not a confirmation of it. By making your booking, you will be regarded as having had the opportunity to have read and understood both these terms and conditions and those of any applicable supplier and to have actually done so before a contract came into existence.
You accept that the Lead Customer has the authority to deal with us on your behalf. If for any reason there is a change in the Lead Customer, you should notify us in writing immediately. The Lead Customer is liable for payment of the amounts due and therefore is responsible for collecting all monies and making payments by the due date. The Lead Customer must be authorised to make the booking on the basis of these terms and conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Lead Customer is a minimum of 18 years old.
Upon receipt of our confirmation email together with all other documents we send you, please check them and contact us at once if any information appearing on the confirmation or any other document appears to be inaccurate or incomplete as it may not be possible to make changes later.
2. Payment of Amounts Due
You must pay a non refundable £50 holding fee to hold your booking and then have 2 weeks to invite your guests through your dedicated members area and for them to pay their non-refundable and non-transferrable £25 deposit. Your members area will indicate the total price of your Arrangements, the balance due and the balance due date. The balance must be paid no less than 2 weeks prior to the start of your Arrangements. Please note that payments made by individuals contribute to the overall amount due as this is a contract between each applicable supplier and the group as a whole, not individual group members. If you are booking within 6 weeks of the start date, you must pay the full cost of your Arrangements when you book. Payments can be made using a valid credit or debit card, cheque, bank transfer or cash. There is no charge for payment by cheque, bank transfer or cash, a 50p fee for payment by debit card, 2.5% fee for payment by credit card and a 3% fee for payment by AMEX or PayPal.
In a minority of circumstances different payment terms will apply to the above. That is, a full non-refundable payment for your event will be required within 1 week of your booking. This will be communicated to you prior to you having booked and is because in some cases where we are sourcing a particularly popular product you will need to make a more significant financial commitment to the provider.
Should the balance not be received by us in time, we will inform the Lead Customer that the payment is overdue. If you do not then make payment within 3 days we will notify the supplier of the Arrangements who will be entitled to treat your booking as cancelled by you and instruct us to retain your deposit. You must in addition pay the cancellation charges shown in clause 8 depending on the date any applicable supplier reasonably treats your booking as cancelled.
All monies you pay to us where we act as an agent for the supplier will be held on behalf of the supplier(s) concerned respectively.
3. Special Requests
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless any supplier has specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
4. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the Arrangements. We will advise you of any change in the price or error of which we are aware at the earliest opportunity before you book . We reserve the right to make changes to and correct errors in prices at any time before your Arrangements are confirmed. Once your Arrangements have been confirmed to you by our confirmation email then subject to other clauses in these terms and conditions, the price will not change.
5. Website and Quote Descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not that necessarily of the actual venue.
Please note: most daytime activities take place at outdoor activity centres, which by their nature are not usually located in city centres/urban areas. Breaks/events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 30 miles although this may be more for some exclusive activities.
6. Changes and Cancellations by us or the applicable supplier
Occasionally, we have to make changes to and correct errors in our website and/or documentation or other literature we produce both before and after bookings have been confirmed; and your supplier(s) may make a change to or cancel confirmed bookings. Whilst we and your suppliers always endeavour to avoid changes and cancellations, we and they must reserve the right to do so.
Most changes suppliers make are minor for example a change in the timing of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); a change of accommodation to accommodation of the same or higher standard within the same destination city. In extremely rare circumstances suppliers may make a significant change or cancellation to a confirmed booking. If this happens, we will tell you as soon as the supplier makes us aware of the situation. If there is time to do so before departure, we will offer you the choice of the following options:
(i) Accept the changed Arrangements
(ii) We will suggest alternative Arrangements of a similar standard to that originally booked which you may choose to book instead
(iii) Cancel or accept the cancellation in which case we will refund or pass on from the applicable supplier(s) a full refund of all monies you have paid to us relating to the cancelled or amended Arrangement(s).
Please note the above options are not available where any change made is a minor one.
No liability beyond offering the above mentioned choices can be accepted where changes or cancellations are made as a result of unusual and unforeseeable circumstances beyond ours or any applicable suppliers’ control, the consequences of which could not have been avoided even with all due care; or where cancellations are made because the minimum number of persons required to operate the Arrangements you have booked has not been reached.
No liability will be accepted and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these terms and conditions entitling the supplier to cancel (such as paying on time) or if the change made is a minor one.
Very rarely, after your Arrangements have commenced, we or your supplier(s) may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that neither we nor your supplier(s) will be able to provide any refunds, pay you any compensation or meet any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so or arising out of any alternative arrangements.
7. Weather Conditions
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your Arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out in clause 6. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
8. Changes and Cancellations by you
If you wish to change your booking in any way we will try to accommodate your requests with your supplier(s) but we cannot guarantee that changes can always be made. Where a change can be made, we may charge an amendment fee. In any case you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of your suppliers.
Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation. You will be required to pay the increased price.
If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. Cancellations can only be made in accordance with ours or your suppliers’ terms and conditions. We or the supplier may charge cancellation charges which will be based on the scale shown below:-
No of days before the date your Arrangements commence we are notified of cancellation Amount you must pay to us or the supplier(s)
More than 42 days Deposit
Less than 42 days 100% of the total cost of the Arrangements in question
Please note that the total cost of the Arrangements in the above scale does not include any insurance premiums or amendment charges relating to your Arrangements. If your insurance policy covers the reason for your cancellation, you should be able to claim for a refund of your cancellation charges from the insurance company less any applicable excess.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, suppliers may need to amend their pricing. We will notify you if that is the case.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure.
10. Our liability
In respect of bookings where we act as a sales agent for our suppliers:-
(1) Our agreement with you and the service we provide for you is to source and book Arrangements for you. Your contract(s) are with each applicable supplier of your Arrangements and their booking conditions govern each contract. As a booking agent, under English law we have no responsibility for the actual provision of the Arrangements or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Our responsibilities are limited to making the booking in accordance with your instructions.
In respect of bookings where we agree to take responsibility for the sourcing and supply of your Arrangements:-
(2) We will accept responsibility for the arrangements we agree to provide or arrange for you if we fail to use reasonable skill and care in selecting the supplier(s) who will provide your Arrangements. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us.
(3) We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
• the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
• the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or
• Force Majeure
(3) Please note we cannot accept responsibility for any services which do not form part of your Arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any arrangements you purchase whilst away. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of the element of the booking that has been affected (excluding insurance premiums and amendment charges).
(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
(6) Some of the activities and events we offer are by their nature inherently dangerous. By participating in these you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events - see clause 11.
You are advised to take out adequate and appropriate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation to the UK, in the event of illness or accident. You must ensure that the policy you purchase is suitable for your confirmed Arrangements including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your Arrangements.
(a). You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. We or any person in authority can terminate your Arrangements if, in the reasonable opinion of ourselves or the person in authority, your behaviour or that of any member(s) in the booking is likely to cause distress, damage, danger or annoyance to other clients or members of the party, employees, suppliers, property or anyone else or if the person(s) concerns is or appears to be unfit to travel for whatever reason. In this situation, the person(s) concerned will not be able to complete their Arrangements and we will not be liable for any refund, compensation, expenses or any costs they have to pay or incur. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event or activity and/or present in the same environment which forms part of your Arrangements or if any facilities or services are removed or withdrawn as a result of their action.
(b). Full payment for any damage or loss (reasonably estimated if not precisely known) caused by you or any member of your party must be made direct to the accommodation owner or manager or other supplier or to us as their agent as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us or any supplier(s) and all costs incurred by us / the supplier (including our own, the supplier's and the other party's full legal costs) as a result of your actions. You must ensure you have appropriate travel insurance to protect you if this situation arises. Chillsause reserves the rights to pass your details on to a supplier, or third party debt recovery agency to reclaim any monies owing including all additional costs of doing so.
(c). You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
(d). You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the Arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
(e). Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.
13. Financial Failure Insurance
For bookings which amount to a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the booking you will be insured for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from the cancellation or curtailment of your travel Arrangements due to the insolvency of Chillisauce Limited. Please note that bookings of single elements do not qualify to be insured, and nor do multiple element bookings where each element is individually less than 24 hours in duration.
This insurance has been underwritten by MGA Cover Services Limited under a binding authority with the insurer CBL Insurance Europe Limited.
Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your Arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen Arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we will advise the applicable supplier(s) of such who may cancel your booking and impose the cancellation charges as set out in clause 8 where in their reasonable opinion, the confirmed Arrangements are not suitable. Please note that some of the Arrangements we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks.
15. Complaints procedure
Should you be unhappy with any element of your Arrangements, you should notify the supplier of the Arrangements concerned immediately. If the problem still cannot be resolved, you should contact us as soon as possible at the time. If you continue to be dissatisfied on your return, you should write to us formally setting out your points within 14 days of returning from your Arrangements if your complaint or claim does not involve death or personal injury or illness; or within 3 months of returning from your Arrangements if your complaint or claim involves death, personal injury or illness. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint. As it is difficult and sometimes impossible to properly investigate a complaint if suppliers/we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 10. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid through us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs.
16. Passports, visas and health requirements
A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. 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. Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is the Lead Customer's responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
18. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to English & Spanish law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales & Spain.
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