In these booking conditions, "you" and "your" mean the person making the booking (the Lead Name). Your contract is with Sunseeker Holidays Limited trading as Fuerteventrura Holiday Villas. Bookings are taken by email, telephone or fax and the contract between us is effective only at the time of receipt by you of either our email confirming the booking or of our Holiday Confirmation which will usually be posted to you. You are advised to check this confirmation carefully to ensure that it accurately reflects the booking requested. When making the booking, you warrant that you have the authority to enter into the contract on behalf of all the members of your party and also that you hold yourself responsible for making due payment of all moneys due in respect of the booking. This contract is made on the terms of these booking conditions and the information contained in our brochure and on our web site and we will only be bound by representations made or confirmed by us in writing.


YOUR HOLIDAY INSURANCE

It is your responsibility to ensure that you and the members of your party have suitable and adequate holiday insurance.


SPECIAL REQUESTS

If you have any special request, please let us know. We will always try to meet such requests but cannot guarantee to do so. Failure to meet any special request will not be a breach of contract on our part. We regret that we cannot accept any conditional bookings, for example, any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as standard bookings, subject to the above provisions on special requests.


PAYMENTS

1. If you book more than 9 weeks prior to departure, a deposit of 20% of the accommodation cost is payable at the time of booking.
2. If you book less than 9 weeks before your departure, the full amount is payable at the time of booking.
3. If you book within 14 days of departure, you must either pay the full amount by credit or debit card over the telephone or get a building society cheque or banker's draft to us within 48 hours.

PLEASE NOTE: Your holiday may be cancelled if you fail to make payment on time and you will then be liable for the Cancellation Charges set out below.


PRICE

Once you have booked, the price is guaranteed and will not be subject to any surcharge.


BOOKING ALTERATIONS BY YOU

We will do our best to accommodate any changes that you may require to a confirmed booking but we have no obligation to make such changes. You must advise us of any change in the number or composition of your party as soon as you become aware of any such change. In those cases where the price of the accommodation is based on the number of persons sharing, you must pay any additional charge based on the increased party size. Changing occupancy dates or the type of accommodation are major changes which may have to be dealt with by cancelling the original booking, thus allowing you to re-book on the required basis (see Cancellation by You). Any alteration request must be made in writing and must be made by the person who made the original booking.


CANCELLATION BY YOU

Cancellation instructions will only be accepted in writing and must be made by the person who made the original booking. Cancellation charges are as follows:

We have taken all reasonable care to ensure the accuracy of the descriptions and information contained on our web site. However, these do not constitute any representation or warranty that any particular amenity, service or facility will be available during your holiday. In addition, we reserve the right to change the particulars contained on our web site, including prices. We will, of course, inform you at the time of booking, or as soon as possible thereafter, if we make changes or are notified of, or become aware of, any significant or permanent alteration to any of the matters described on the web site. We have taken all reasonable steps to ensure that the accommodation which you book complies with the laws of the relevant member state of the European Union.

Most changes are of a minor nature and will have little effect on your holiday. We will advise you of all changes at the earliest possible date. A major change is one which we make prior to the date of departure and which involves a change of resort area or a reduction in the standard of accommodation being offered. In the event of a major change you may either: (a) accept the change or (b) cancel your holiday and receive a full refund.


CIRCUMSTANCES BEYOND OUR CONTROL

If war or terrorist activity, industrial action (threatened or actual), civil unrest, closure of ports or airports, the delay or cancellation of international flights, domestic flights, ferries or other transportation or any other events or circumstances outside our control either delays or extends the holiday or causes or results in a change in the holiday itself, we will not be liable to you (or to members of your party) nor will any compensation be payable.


LIABILITIES

We accept responsibility for the proper performance of our obligations under our agreement with you for the provision of your holiday. If you have a justified complaint about any of the services forming part of the holiday which we have confirmed, we will pay you reasonable compensation. If you or any member of your party suffers damage by our failure to perform, or our improper performance of, our agreement with you for the provision of your holiday, we accept liability, except in the following circumstances:

(a) your failure to follow the Complaints Procedure detailed below; (b) if the failure or improper performance is your fault or the fault of any member of your party;
(c) if the failure is the fault of someone else not connected with the provision of the services which make up the holiday which we have confirmed to you;
(d) any unusual of unforeseeable circumstance beyond our control, the consequence of which could not have been avoided even if all due care had been exercised;
(e) any event which we, or the supplier of any service, even with all due care, could not foresee or forestall.

Should you or any member of your party suffer illness, personal injury or death through any misadventure arising from an activity which does not form part of the holiday arrangement nor part of any excursion booked through us, we shall offer prompt general assistance. Our acceptance of liabilities under this general heading is limited to the lesser of the following:

(a) except in cases of personal injury, our liability will not he more than twice the price of the holiday of the person making the claim against us, and
(b) our liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified by or applied in the United Kingdom.

All baggage and personal possessions are at all times and in all circumstances the responsibility of the owner and we will not accept any responsibility for loss or damage.


TRAVEL DOCUMENTS

You must make sure that you have all the necessary valid travel and health documents to comply with the requirements of the country you are visiting.


COMPLAINTS PROCEDURE

We make every effort to ensure that you have a trouble-free holiday. However, if you believe that you have cause for complaint, you should report the problem, during your stay, to our agents/property managers on the island (their name, address and telephone numbers will be shown in the information which we supply prior to your departure). If the cause of the problem cannot be resolved to your satisfaction, you should immediately telephone Sunseeker Holidays on 00 44 1403 738866 so that we can decide what further action needs to be taken. The purpose of this procedure is to ensure that problems are resolved speedily in resort so that you can continue to enjoy your holiday. In the unlikely event that a cause for complaint cannot be resolved satisfactorily during your stay abroad, you should write to us within 28 days of your return from holiday. No dispute or complaint will be admitted unless this procedure is followed. Any dispute which cannot be settled amicably, may be referred to the Travel Industry Arbitration Service. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability for clients in respect of costs. The scheme does not apply to claims for an amount greater than 2,500 per person or 10,000 per booking or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Details of the scheme will be supplied on request.

When you book a holiday with us, you accept responsibility for the proper conduct of yourself and your party while on holiday. We reserve the right to terminate your holiday, or that of any member of your party, due to misconduct. If your actions, or those of any member of your party, cause damage to the accommodation in which you are staying, you agree to fully indemnify us against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation.


JURISDICTION

Any action arising out of this contract will, in respect of both liability and quantum, fall within the exclusive jurisdiction of the English courts.