Terms of Usage
Terms and conditions apply which affect your legal rights. Please read the below carefully.
“Sandals Holidays” means UNIQUE CARIBBEAN HOLIDAYS LIMITED, a company incorporated and registered in England and Wales with company number 04122639, whose registered office is at 32 Ives Street, London SW3 2ND (“UCHL”), trading as Sandals UK, Beaches UK or Grand Pineapple UK;
“Unavoidable and extraordinary circumstance” means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, and includes: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks and pandemics, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports (save overbooking), hurricanes and other actual or potential severe weather conditions;
"we", "us" and "our" means Sandals Holidays;
“Website” means the relevant website for your location which are available at the following URL addresses:
- UK: https://www.sandals.co.uk/
- DE: https://www.sandals.de/
- FR: https://www.sandals.fr/
- IT: https://www.sandalsresorts.it/
- EU: https://www.sandalsresorts.eu/
"you" and "your" means all persons named on your booking confirmation and in your travel party (including anyone who is substituted or added at a later date).
2 HOW TO CONTACT US
You can contact us on the details below:
- Sales (if you would like to make a new holiday reservation):
Telephone: 0800 742 742 Email: [email protected]
- Customer Service (if you want or need to speak to us regarding an issue before you travel):
Telephone: 0800 742 742 Email: [email protected]
- If you have a complaint, please use our contact details and follow the guidelines as set out in Section 12.
3 OUR AGREEMENT WITH YOU
Our agreement with you sets out what you can expect from us when you buy a package holiday via the Website or through our contact centre. You should read these Terms carefully before you book to see how they affect your specific travel arrangements.
The acceptance of the Terms is a condition of purchasing a package holiday from our Website. Therefore, the Terms form part of our agreement with you and cannot be separated.
These Terms apply between you and us because the combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 (The Package Travel and Linked Travel Arrangements Regulations 2018), and The Package Holidays and Package Tours Regulations 1992. Therefore, from 1st July 2018 you have benefited from all EU rights applying to packages. Sandals Holidays will be fully responsible for the proper performance of the package as a whole.
The Package Travel and Linked Travel Arrangements Regulations 2018 can be found at: https://www.legislation.gov.uk/uksi/2018/634/contents/made
Additionally, for all bookings as required by law, Sandals Holidays has protection in place to refund certain payments, including the transport component of the package where possible, to ensure your repatriation in the event that Sandals Holidays becomes insolvent.
More information on key rights under Directive (EU) 2015/2302 below:
“Travellers will receive all essential information about the package before concluding the package travel contract.”
You can find complete information of each of our products on the Sandals Holidays Website. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
For more information, please read Section 3.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organizer or the travel agent.
For more information, please read Section 2.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
For more information, please read Sections 4.3 and 8.1.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
For more information, please read Sections 6 and 7.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
For more information, please read Section 9.1.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
For more information, please read Section 9.1.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
For more information, please read Sections 7 and 12.
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
For more information, please read Sections 7, 11 and 12.
The organiser has to provide assistance if the traveller is in difficulty.
For more information, please read Section 11.
If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY's insolvency.
For more information, please read Section 10.
4 YOUR TRAVEL BOOKING
4.1 Legal age and responsibility
To confirm the booking, you accept and ensure that:
- you are over the age of 18 and have full legal capacity and sufficient authorisation to make bookings and enter into legal agreements;
- you have the consent of all persons named in the booking, as well as the authorisation of the parents of any persons under 18 years of age;
- all persons named have accepted the Terms;
- you will assume responsibility for informing all persons named in the booking with regards to relevant details and other pertinent details;
- you will be responsible for any payments related to it;
- you guarantee that all the personal information provided in the process of making your booking is correct; and
- you accept the financial responsibility for all transactions made in your name or via your bank account.
4.2 Personal Data
By accepting the Terms, and pursuant to UK legislation, including European legislation applicable in the UK on data protection and particular legal aspects of electronic commerce, you consent and authorise us to request from any contracted service providers and process any personal information relating to you or your group. Such information shall be treated in compliance with UK legislation, including European legislation applicable in the UK, as well as any other such legislation that substitutes, complements or elaborates the privacy and data protection legislation, and will be used to process bookings and payments made at your request.
For the purposes of these Terms, personal information includes, but is not limited to: any telephone numbers, fax numbers, e-mail addresses, addresses, signatures, ID or passport copies, credit card details, personal preferences, disabilities, or any special dietary or religious requirements or any other personal information related to you or your group that may be relevant for your booking.
When you provide personal data to us which relates to another person, you must obtain their consent for you to provide such data to us for processing in relation to the booking. If they do not consent, you must not provide such information to us.
4.3 The Booking
Once the booking is made, we will supply you with a written copy of the booking confirmation which, together with the Terms, forms part of the Agreement made between us and you and which confirms to you all the details regarding your holiday.
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. As the lead booking name you should check this booking confirmation carefully as soon as it is received and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later.
You are responsible for passing on any information regarding the booking or any changes made in relation to the booking to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
In addition, you are also responsible for;
- notifying us prior to the time of booking of any personal circumstances and needs of any person included in the booking including, without limitation, whether any such person requires additional assistance (for example, if you or a member of your party have difficulty in walking 500 metres); and
- notifying us at any time from the time of booking until 48 hours prior to the flight’s departure by calling our contact centre if any person travelling on the booking requires additional assistance or if additional assistance previously requested is no longer required.
Sandals Holidays welcomes all customers and we endeavour to meet all individual needs. In order to assist you, we must be advised at time of booking of any disability and special requirements and will forward an ABTA disability checklist for you to complete and return to us. Special facilities can be requested but may not be guaranteed. Where you make special requests or we cannot guarantee the suitability of particular accommodation, resorts, transport and services we will inform you and give you the opportunity to change your holiday. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline or cancel the booking.
We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. In the event that an airline and/or a ship refuses passage to you (or to any member of your party) on the grounds of ill health or on the grounds of any other perceived problem with your physical or mental condition, we will not be liable for any and all consequences that arise from this. Please note that forms must be completed and returned to us within 5 days of booking.
NB. Please note that whilst we try hard to meet the needs of every individual, Grand Pineapple Beach Negril, Sandals Regency La Toc Golf Resort & Spa, Sandals La Source Grenada Resort & Spa and Sandals Ochi Beach Resort are not equipped to cater for the physically challenged and therefore we do not recommend them to customers who require special assistance.
You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. Failure to do so may limit your rights under the Package Travel and Linked Travel Arrangements Regulations 2018.
Any person who is under 18 years old must be accompanied by an adult on his or her journey.
There may be other restrictions and conditions on some offers, but these are explained in the details of those offers and in the pre-contractual information offered to you.
When you submit your booking, we will confirm the booking as soon as possible and at least within 24 hours of receiving your request for a booking.
If you add additional arrangements to your booking which were not included in your original booking, such additional arrangements will only be confirmed when we have sent you written confirmation that the additional arrangements have been booked.
We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.
We will not be responsible for any change to the price that results from a change by a supplier or authority to its costs. We will also not be responsible if the change in price results from a human error or wrong information given by those suppliers or authorities, or because of any other cause that is not foreseeable
5 THE PRICE YOU PAY
5.1 Paying for your Travel Arrangements
If booking in the UK you will be able to pay a deposit for your holiday should you wish to for any booking made more than 71 days before departure, with the full balance due 71 days prior to departure. The deposit amount will be £150per person. Once confirmed, the booking deposit, additional charges paid, and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 5, 6 or 7 of these terms and conditions or as otherwise required by law.
When you pay a deposit, we will state on the booking confirmation the balance owed and the due date for the remainder of the payment. You must pay any balance due at least 71 days prior to the date of your departure. If you don’t, we reserve the right to treat your booking as cancelled. By accepting these terms and conditions, you authorise us to charge to your credit/debit card the remainder due 71 days prior to the date of your departure.
EU and Switzerland
If booking in the EU or Switzerland you will be able to pay a deposit for your holiday should you wish for any booking made more than 71 days before departure. The full balance shall be due 71 days prior to departure. The deposit amount will be €175 per person plus the full cost of any airfare. Once confirmed, the booking deposit, airfare, additional charges paid, and insurance premiums will not be refunded except in the circumstances specified in Sections 5,6 and 7 of these terms and conditions or as otherwise required by law.
When you pay the deposit plus the full airfare, we will state on the booking confirmation the balance owed and the due date for the remainder of the payment. You must pay any balance due at least 71 days prior to the date of your departure. If you don’t we reserve the right to treat your booking as cancelled. By accepting these terms and conditions, you authorise us to charge your credit/ debit card the remainder due 71 days prior to the date of your departure.
6 IF WE CANCEL YOUR BOOKING
We aim to provide your holiday as booked, but we may need to cancel;
- because of an Unavoidable and extraordinary circumstance; or
- if you do not pay the balance of the holiday price on time (at least 71 days prior to the date of your departure); or
- if the minimum number of participants for the package is not satisfied.
If we cancel your holiday, except where this is because of one of the above, you can either have a full refund or accept a replacement holiday from us of:
- at least equivalent standard or superior quality, if we are able to offer you one; or
- a lower quality holiday, if we are able to offer you one and recover from us the difference in price between the holiday originally purchased and the lower standard holiday.
Should you choose option (a) or (b) above, the terms and conditions applicable to your holiday will not change and these Terms will apply to your new booking. In either case, we will pay you compensation using the scale shown below (unless the cause of the cancellation falls within (i), (ii) or (iii) listed above).
7 IF WE CHANGE YOUR BOOKING DETAILS
We hope that we will not have to make any change to your holiday but, because your holidays are planned many months in advance, we sometimes do need to make changes. We will let you know about any important changes to holidays shown on our Website when you book. If you have already booked, we will let you know about any changes as soon as we can.
Flight timings shown by us on the Website are for guidance only and may change. Your booking confirmation will show the latest planned flight timings. All other details, such as seat bookings, are your responsibility to organise with the airline.
7.1 Major changes to your holiday
Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us.
Major changes to your holiday for which we will pay compensation using the scale shown below (unless the change is for an Unavoidable and extraordinary circumstance or if we notify you of the change more than 2 months before your planned departure date), may include the following changes:
- a significant change of destination; or
- a change in accommodation to that of a lower category or in a different area from the initial accommodation booked; or
- a change in the time of your departure or return flight by more than 12 hours; or
- a change of your departure airport (excluding changes between London airports or other airports within the same city). A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours.
These changes are only examples and there may be other significant changes which constitute major changes.
If we tell you about any of these major changes after we have confirmed your holiday booking, you may either:
- accept the new arrangements offered by us, that would include;
- a replacement holiday from us of at least equivalent standard or superior quality, at the date of the change, if we are able to offer you one; or
- a replacement holiday from us of a lower standard, at the date of the change of we are able to offer you one and recover from us the difference in price between the holiday originally purchased and the lower standard holiday; or
- cancel your holiday with us and receive a full refund of all monies paid.
You must let us know your choice within 3 days of receiving our communication. In the event that you do not inform us we shall assume that you wish to cancel your holiday and receive a full refund of all monies paid.
If you choose the new arrangements, the terms and conditions applicable to your holiday will not change and these Terms still apply to your new booking. Exceptions may apply for example, payment date changes and changes to refundable or non-refundable accommodation.
Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change or cancellation.
Period before departure when a major change or cancellation is notified by us
|Period before departure when a major change or cancellation is notified by us||Compensation payable per booking (£)||Compensation payable per booking (Euro)|
|More than 71 days||Nil||Nil|
|70 - 57 days||£10||€12|
|56 – 29 days||£20||€24|
|28 – 15 days||£30||€35|
|14 – 0 days||£40||€47|
We will only make one compensation payment for each booking.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including the right to cancel their flight in certain circumstances and receive reimbursement of the cost of the flight from their airline. Full details of these rights are publicised at EU airports and are also available from affected airlines.
8 IF YOU CHANGE YOUR BOOKING DETAILS
You must ensure all names and details are entered correctly at the time of booking. Please notify us as soon as possible in writing and by phone if there is something that you need to correct or if you don’t receive a booking confirmation within 24 hours of making your booking.
We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.
8.1 Name changes
Subject to the below, you may transfer your booking to another person up until your date of departure, providing the following conditions are met:
- you authorise the change in writing; and
- the new passenger accepts the transfer and that person agrees to comply with the Terms.
We will charge an amendment fee to change a passenger on a booking to cover our costs of making such change in accordance with the table set out below.
Please note that if you wish to transfer your booking to another person, in some circumstances this may be treated as a cancellation by the flight or accommodation provider and you may be charged up to 100% of the original cost of your holiday in accordance with Section 9, we will inform you of this at the time if this is the case.
Charges will be added to the new booking confirmation. In case the new lead passenger or you fail to pay, both of you will be responsible for the payment of any balance due on that new booking confirmation.
8.2 Bookings details changes
If, after your booking confirmation has been issued, you wish to change your holiday in any way, for example your chosen departure date or accommodation. Any request for changes to be made must be in writing by the lead passenger. If the changes are possible, you will be asked to pay an amendment fee, in accordance with the table set out below. We will notify you of the amount of the amendment fee when you contact us. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible.
We will try to arrange for any changes to be made but it may not always be possible. Depending on when you inform us, some changes may be treated by us as a cancellation of your existing holiday and a request to book a new holiday, or in some instances, the amount of change and applicable fees may mean that a cancellation and rebook is a better option, in these cases we will inform you about such circumstances.
Please bear in mind that for certain changes in the travel components, the supplier treats them as a cancellation and charge accordingly (up to 100% of the cost of the original accommodation) for that part of the arrangement. Where applicable, these charges will be passed on to you.
When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.
Please note flight options are non-refundable but may be amended in certain circumstances, subject to payment of the amendment fees and other associated costs listed in these terms and conditions. Certain extras, such as transfers, excursions, theme park tickets and airport extras may be non-refundable. We will make any non-refundable bookings clear when you book those arrangements. Please check with us if you are unsure at the time of booking.
|More than 15 days before departure date||Cost incurred by the amendment of the package + amendment fee of £40.00||Cost incurred by the amendment of the package + amendment fee of €47.00|
|14 days to 48 hours (inclusive) before departure date||Cost incurred by the amendment of the package + amendment fee of £50.00||Cost incurred by the amendment of the package + amendment fee of €60.00|
|48 hours or less before departure date||Cost incurred by the amendment of the package + amendment fee of £80.00||Cost incurred by the amendment of the package + amendment fee of €95.00|
9 IF YOU CANCEL YOUR BOOKING
If you want to cancel your booking, you must contact us as soon as possible in writing by sending an email to
0800 742742 Option 2
Email [email protected]
9.1 Guide to our cancellation charges
Where you need to cancel your holiday because of an Unavoidable and extraordinary circumstance, you will not be required to pay a cancellation charge and can have a full refund.
If you want to cancel your holiday and we are not at fault, we will apply a cancellation charge in accordance with the table set out below to cover the cost of processing your cancellation. We will confirm to you the amount of the cancellation charge when you contact us. You will be responsible for paying this charge.
The charge will be calculated according to how many days before your booked departure we receive your cancellation notice as per the table below and covers our administrative and management costs of cancelling your holiday. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge for those passengers.
Where hotels, extras, transport or flight options are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay. Please note this could be up to 100% of the cost of your original holiday.
If you cancel an “accommodation only” booking you will lose your deposit and will incur further penalties in relation to the accommodation. The amount may be dependent on how close to departure you cancel.
If you cancel your package booking you will lose your deposit, may incur further penalties in relation to the accommodation, which may depend on how close to departure you cancel, and the air cost paid when booking. A small percentage of the air cost may be refundable and might include, but is not limited to, governmental and airport taxes.
|Cancellation Requests||Cancellation Charges (£)||Cancellation Charges (Euro)|
|More than 15 days before departure date||Loss of any deposits paid||Loss of any deposits paid|
|14 days to 48 hours (inclusive) before departure date||Non Refundable rates - Up to 100% of booking value, Cost incurred by the cancellation of the package + cancellation charge of £60.00||Non Refundable rates - Up to 100% of booking value, Cost incurred by the cancellation of the package + cancellation charge of €70.00|
|48 hours or less before departure date||Non Refundable rates - Up to 100% of booking value. Cost incurred by the cancellation of the package + cancellation charge of £60.00||Non Refundable rates - Up to 100% of booking value. Cost incurred by the cancellation of the package + cancellation charge of €70.00|
10 YOUR HOLIDAY IS FINANCIALLY PROTECTED
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We hold an Air Travel Organiser's Licence (ATOL) issued by the Civil Aviation Authority (CAA), ATOL number 11174 (our “ATOL Licence”).
This provides those booking in the UK and EU with additional security for the monies that you pay for the package holidays booked with us and for your repatriation in the event of our insolvency.
When you buy an ATOL protected holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For more information about financial protection and the ATOL Certificate, go to: www.atol.org.uk/ATOLCertificate.
We will provide you with the services listed on the ATOL Certificate, or a suitable alternative. In some cases, where we are unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative, at no extra cost to you. You agree to accept that, in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your agreement to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme, or your credit card issuer where applicable.
If we are unable to provide the services listed (or a suitable alternative through an alternative ATOL holder or otherwise) for reasons of insolvency, the trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you book arrangements other than a package holiday (e.g. accommodation only), the ATOL Licence financial protection referred to above does not apply.
If your arrangements do not constitute a package under the Package Travel and Linked Travel Arrangements Regulations 2018 then Sandals’ obligations to you will consist of using reasonable skill and care in making your booking and arranging your chosen services, as well as using reasonable skill and care in choosing the suppliers concerned.
We are also a member of the Association of British Travel Agents (ABTA), membership number Y6413 (our “ABTA Membership”). ABTA and ABTA members help holidaymakers to get the most from their travel and assists them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see section 12 below), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com.
11 OUR RESPONSIBILITY FOR YOUR HOLIDAY
We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described, we may pay you compensation, if appropriate, unless this is due to an Unavoidable and extraordinary circumstance.
We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses.
Where any failure in the performance of the package booking is attributable to a third party unconnected with your package, or due to unforeseeable circumstances, or due to any event that could not have been foreseen or forestalled, we will provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure or as a result of any activity which does not form part of the contracted package arrangements, such assistance will be limited to £100 per booking.
Please note, we cannot accept responsibility for any services which do not form part of our contract (whether a package or non-package booking). This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and where we have not agreed to arrange them as part of our contract and any excursion you purchase in your resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and such other standard as may be required by law and we do not have any greater or different liability to you.
The assurances we give about the services we have agreed to provide or arrange as part of our contract - and the laws, regulations and norms of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws, norms and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
As set out in these Booking Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us, as follows:
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £100 per person affected unless a lower limitation applies to your claim. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury (our liability in respect of which shall be unlimited), if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where you have not received any benefit at all from your holiday.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, and the Athens Convention for international travel by sea as amended by the 2002 protocol where applicable). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description: (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.
Additionally, we cannot accept liability for any business losses including self-employed loss of earnings.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to Unavoidable and extraordinary circumstances, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your package.
Except as specifically set out in these booking conditions, we will not accept any further or different liability than the Package Travel and Linked Travel Arrangements Regulations 2018 impose.
12.1 If you have a complaint
If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, you should contact us straight away on our customer service telephone number at https://www.sandals.co.uk/contact/?tab=representatives and we will assist you.
If you are still not satisfied on your return home, you must write to our customer support team at [email protected] to allow your complaint to be investigated properly. We will acknowledge your complaint within 14 days and provide a full response within 28 days.
Please include your holiday reference number on your email and include your daytime and evening telephone numbers. If you wish to bring your complaint to the local authorities where Sandals Holidays is based, please call the number on the website.
Disputes arising out of, or in connection with your booking, which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer (you) in respect of costs. Full details can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element.
Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code of Conduct (referred to above) does not require such agreement.
For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent (for example, on excursion sales), please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
12.2 Personal Injury
If you suffer injury, illness or death directly as a result of the services provided as part of your holiday we may pay you compensation. We will not pay any compensation 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; or
- your illness, injury or death was your own fault.
If we do pay any compensation, it will be similar to compensation levels awarded under English law in an English court.
If you suffer injury, illness or death on your holiday you agree to assist us with our investigations in the following ways:
- you should contact our customer service office on https://www.sandals.co.uk/contact/?tab=representatives and the supplier involved, about your injury or illness while you are in the resort; and
- you should write to our customer service office at [email protected] about your claim within 1 month of coming home from your holiday to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation; and
- you should include a letter about your injury or illness from your doctor if you can; and
- you will transfer to us any rights you have against the supplier or any other person, so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this; and
- you should cooperate fully with us if we or our insurers want to enforce any rights transferred to us.
Regardless to the foregoing, any payments we make may be limited in accordance with English Law and international conventions.
If you or someone named in your booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable because the event is an Unavoidable and extraordinary circumstance we will, where appropriate and subject to our discretion, try to help if we can.
13 INSURANCE, EXCURSIONS AND OTHER SERVICES “EXTRAS”
We confirm to you that we have acquired a valid insurance policy, under which our insurers have agreed to reimburse you in the event of our insolvency, for the monies you have paid to us in respect of your holiday.
However, it is recommended that you and all other members of your party, including infants and children, are adequately insured on holiday, for example to cover any applicable cancellation, repatriation or assistance costs in the event of accident, illness or death. Please note such insurance policies do not have to be purchased via us or any third party we may recommend.
Insurance, excursions, tours or any other products and services booked independently from the Website (“Extras”) that you may choose to book or pay for directly either with a third party before your holiday, or whilst you are on holiday/in the resort do not form part of your holiday provided or arranged by us. For any Extras that you book, your contract will be directly with the provider of those Extras (whether the insurance provider, operator of an excursion or tour or the supplier of products and services as the case may be). We are not responsible for the provision of Extras or for anything that happens when Extras are being provided to you by the operator and/or supplier as the case may be.
Any extras booked directly with Sandals Holidays on or through our Website or via our contact centre will be covered by our agreement with you.
14 ADVANCE PASSENGER INFORMATION
It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities, border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as API. The information you must provide will include, but not be limited to, full name - as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date. Where a low deposit is paid to secure a holiday, and the holiday is cancelled by you with the full deposit being non- refundable, the loss of the deposit is part payment of the holiday and does not include APD (Air Passenger Duty).
15 CONDUCT WHILE TRAVELLING
We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents at the point of departure or resort in any risk or danger, on the telephone, in writing or in person.
If the captain of your flight or any of the cabin crew or ground staff believe that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, or disembark you from an aircraft. If you are disruptive and prevented from boarding your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay cancellation charges as set out in Section 9. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, we may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damage or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated.
If your actions or those of a member of your party cause damage to the accommodation in which you’re staying, or cause delay or diversion to any flight or other means of transportation, you agree to hold harmless and fully indemnify (i.e. compensate or reimburse on a £1 for £1 basis) Sandals Holidays against any claim (including legal costs) made against Sandals Holidays by or on behalf of the owners of such accommodation or the operator of such flights or transportation.
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, or other person of authority, your behaviour is causing danger, damage to property or affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen we will not be liable for any refund, compensation or any other costs you may have to pay.
16 YOUR ACCOMMODATION
Any accommodation we arrange for you must only be used by those people named on the final version of your booking confirmation.
Hotel prices are generally based on 2 adults sharing a room. Child or 3rd/4th adult prices may be based on the existing bedding in the hotel room. While some double rooms in the hotels have two double beds, this is not always the case and, depending on the size of the hotel rooms, some may only have one double bed or two single beds. Please note most rooms DO NOT provide three single beds. A cot or rollaway bed will usually incur an extra charge. All accommodation is based on the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. In most hotels, the minimum check-in age is 18 years and above. Many hotels are keen to encourage a healthy environment and it is common for properties to adopt an entirely smoke free policy. Full details will be provided locally.
17 THE CONDITIONS OF YOUR FLIGHT TICKET
When you travel by air, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention.
When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those terms and conditions. You acknowledge that all of these terms and conditions form part of your agreement with us. You can ask us to provide you with a copy of any of the conditions applicable to your journey.
Given the increase in pre-flight security screening the check-in time for all transatlantic flights is 3 hours prior to departure. As the scheduled departure may be brought forward for operational reasons you must re-check your departure time by contacting the airline directly, 24 hours before departure. Recommended check-in time for domestic and regional flights is 2 hours before the scheduled departure times. Many airlines offer on line check-in via their website.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. However, we recommend you check your final flight times on the day of departure.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/sites/transport/files/air-safety-list_en.pdf.
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below).
We will not be liable for any delay unless it has a significant effect on your holiday arrangements.
If your flight is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in these booking conditions. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to [email protected].
Passengers who are travelling with a Non-EU carrier departing from a Non-EU airport are not covered by the EC Regulation 261/2004: Denied Boarding, Cancellation & Delay. This restriction also applies to passengers travelling with a EU carrier who are operating a codeshare flight with a Non-EU carrier and the flight departs from a Non-EU Airport. Please ask us for codeshare details at the time of booking. We strongly recommend that passengers who are not covered by EC Regulation 261/2004 should ensure that their travel insurance provides adequate cover and does not exclude expenses incurred as a consequence of flight cancellation and lengthy delays, including any living costs which may arise due to force majeure situations (see section 11 of the Booking Conditions), particularly those caused by extreme weather conditions.
18 TRAVEL TRANSFERS – SPECIAL CONDITIONS
18.1 Transfers for children/infants
Please note that infant car seats and/or children’s car booster seats are not provided for any transfers and must be taken as part of your baggage (at your own cost) and must be used for all children/infants unless they are over the age of 12 or over the height of 135 cm.
18.2 Sports Equipment
Where you are travelling with any sports equipment, your holiday price may increase due to costs relating to additional transfer requirements for such equipment. Please contact our customer services team prior to booking to discuss your requirements.
19 FRAUD OR UNLAWFUL ACTIVITY
Payments must be authorised by the cardholder named in the holiday booking. We withhold the right to cancel or block your holiday payment without prior notice if:
- the transaction has an elevated risk of fraud measured by examining a range of pre-set data and based on our extensive knowledge and experience of fraud attempts; or
- the cardholder did not authorise the payment and claims that the holiday booking is fraudulent; or
- we reasonably suspect that the cardholder or passenger is connected to other fraudulent activity.
If we block your card transaction as set out above, we may request that you remit payment with a different payment method or payment card.
19.1 Suspected Fraud
From time to time we are asked by banks and card issuers to investigate transactions which the cardholder believes to be fraudulent. If in the course of such investigation we reasonably establish that a cardholder has claimed a transaction to be fraud in error, then the holiday booking will be subject to further internal checks. Any future bookings connected to such cardholder details may be denied until such time as any outstanding monies owed to us relating to the error are recovered.
19.2 Unlawful Activity
Offenses relating to prostitution and child pornography, even if committed abroad, are punishable by imprisonment under local law.
20 PASSPORT, VISA AND IMMIGRATION/HEALTH REQUIREMENTS AND FOREIGN OFFICE ADVICE
You agree that, prior to booking your holiday with us, we have confirmed to you general information about:
passport and visa requirements for your holiday (including information about the length of time it is likely to take to obtain the appropriate passports and visas); and health formalities required for the journey and the stay.
It is your responsibility to secure the appropriate passport, visa and other immigration documents required for your holiday, and/or to comply with any health formalities required. We do not accept any responsibility if you cannot travel because you have not complied with the passport, visa, and immigration requirements and/or you fail to comply with all applicable health requirements.
21 CONTACTING YOU
If you book via our Website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. In the event of disruptions or changes to your holiday we may contact you via email, phone or SMS.
22 GOVERNING LAW AND JURISDICTION
This agreement and our services shall be exclusively governed by and construed in accordance with English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence.
If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that you are able to bring against us arising from or in connection with this agreement may only be brought in a court located in England or a court with jurisdiction in your place of residence. If Sandals wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.