Terms and Conditions

 

1. Your Contract is with Sophia Neophitou 

These Booking Conditions, the Essential Information together with our privacy policy and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Sophia Neophitou (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-

  • He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
  • He/she consents to our use of information in accordance with our Privacy Policy;
  • He/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.

2. Your holiday contract

A binding contract is made with us on the earliest of either: a) you tell us that you would like to accept our written or verbal quotation and you pay us a deposit (see clause 4) or if you are booking within 12 weeks of departure or choose to do so at the time of booking, you make full payment of the cost of your holiday; or b) we issue you with a booking confirmation that will confirm the details of your booking and will be sent to you via email or post.

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland, The Republic of Ireland or Northern Ireland if you live in those places and if you wish to do so.

3. Paying for your holiday

At the time of booking, you will required to pay a deposit of 50% of the accommodation, together with all applicable insurance premiums.

The balance of your accommodation price (including any surcharge) must be paid no less than twelve weeks before departure. Cheques can only be accepted if received more than thirteen weeks before departure and should always be made payable to Sophia Neophitou. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 13 will become payable.

4. Accuracy

We endeavour to ensure that all the information and prices are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

5. Your holiday price

All prices include VAT on holidays to EU countries.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.

 Should you decide to cancel by reason of a change in price, you must exercise your right to do so within 14 days from the issue date printed on your confirmation invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you.

6. Damage to property and Accidental Breakage Charge or Deposit 

All bookings are subject to a non refundable Accidental Breakage Charge, which is applied to your invoice, unless a refundable Accidental Breakage Deposit is payable locally, in which case you will be informed at the time of booking of the amount.

If you or any member of your party cause any damage to your holiday accommodation or any item in it or on its premises, you and/or your party will be required to pay for the loss and/or damage caused and we will hold you and each member of your party jointly and individually responsible. Unless the damage was caused accidentally and results in losses below £100, full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation or an invoice in respect of it will be sent to you on your return to the UK or ROI. Where a refundable Accidental Damage Deposit has been paid, this deposit will be retained by us or local supplier in part payment of the losses you cause. (See also clause 28)

7. Confirmation

Please check your confirmation immediately on receipt. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies. within a reasonable period of time (taking into account the date of your departure).

8. If you change your booking 

If, you wish to change your travel arrangements in any way once a binding contract is in place between us (see clause 2), (for example your chosen departure date or accommodation) we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of applicable rate changes and any costs or charges incurred or imposed by any of our suppliers. The amount of the fee will be notified to you before you choose to proceed with any change. If you make a number of changes to the same booking, we will only make a reasonable overall charge. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Any changes you make within 12 weeks of your departure will be treated as a cancellation and the cancellation charges shown in the section “If you cancel your holiday” may apply even to individual components.

9. Changes and cancellations

 Your booking will be subject to our normal cancellation charges as detailed above.

10. Transfer of bookings

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before departure and you pay an amendment fee notified to you at the time your request the transfer, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.

11. If you cancel your holiday 

Once your holiday has been confirmed, to cancel the entire holiday or any component, the person making the booking must either; write or email us on apostolou1015@googlemail.com or sophia.neophitou@10magazine.com

Cancellation takes effect on the date we receive your letter. If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking. The closer your cancellation is to the departure date, the less likely we are to recover the costs by re-selling the holiday or components at the original price. Our cancellation charges therefore increase as the departure date approaches, and you must pay us the sums up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling). Also note the ‘Exception’ section which may apply in addition to the scale of charges. If you have to cancel for a reason covered by your insurance policy, you may be able to recover the cancellation charges. Claims must be made directly to the insurance company concerned. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only. Remaining passengers in the group must pay any increased costs for the holiday, including the full accommodation cost.

For all destinations and accommodation types, the following cancellation charges apply:

  • Date on which written notice of cancellation is received by us:-
    • More than 12 weeks prior to departure – loss of deposit and insurance premiums and amendments charges (if applicable)
    • 84 – 64 days prior to departure 40% of the cost of your holiday or loss of deposit whichever is greater.
    • 63 – 0 days prior to departure 100% of the cost of your holiday

Exception

Cancellation of certain transport arrangements, typically low cost airlines, scheduled airlines or airport parking, can result in up to 100% cancellation charges regardless of the notice period given to us. We reserve the right to pass on these charges which will apply to the transport element of your holiday and the cancellation charges in the scale above will apply to the other elements of your holiday (e.g. accommodation, car hire, etc). Similarly, name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of that element of your booking.

No refunds will be given for passengers not travelling or for unused services.

12. If we change or cancel your holiday 

It is unlikely that we will have to make any changes to your confirmed travel arrangements or cancel them, however we do start planning arrangements many months in advance. Occasionally, we may have to make changes and correct errors and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel. If a “significant change” (see below) or cancellation has to be made to your holiday arrangements we will notify you as soon as possible. You may then: a) accept the changed arrangements; b) cancel your booking completely, in which case we will refund you all monies paid by you.

 we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.

We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Very rarely, we may be forced by force majeure (see clause 13) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

13. Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.


14. Your holiday travel 

By Air

Please note in relation to flights that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve accommodation.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the CAA – details can be found on their website caa.co.uk. 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. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment.

By Sea

Ferries are required by law to record the names, age group and gender of all passengers, together with (for the purposes of an emergency) details of any special care or assistance needs. Failure to provide this information will result in permission to board being refused. You should note that if the required information is not provided earlier than the day of travel, your journey could be subject to delay.

17. Delays

Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 15 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

18. Your accommodation 

This is reserved exclusively for the people named on the confirmation invoice and no other persons are permitted to stay at the accommodation nor can you arrange for visitors to the property for the purpose of events like parties, celebrations or other large gatherings unless this has been agreed with us in writing and appropriate payments made (if applicable). Additional guests will be asked to vacate by staff, accommodation supplier or other person in authority. You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted on your holiday invoice. On departure you should leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning has been necessary, a charge will be made locally or an invoice will be sent to you on your return to the UK or ROI.

19. Special requests

If you have a special request that does not form part of the arrangements please inform us in writing at the time of booking. We will do our best to comply but cannot guarantee to do so and we recommend that you repeat your request to the relevant supplier at the appropriate time.

We regret that we are unable to advise prior to departure if special requests cannot be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

20. Disabilities and Medical Problems

We will take reasonable steps to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

21. Holiday insurance 

Adequate insurance is essential. Your booking may not be accepted until insurance arrangements have been made. You may wish to arrange an alternative cover, however we highly recommend that any alternative insurance purchased must have a 24-hour emergency telephone service. We will request these details at time of booking. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

22. Our liability to you 

  1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” Subject to these booking conditions, if we or our suppliers perform or arrange your contracted arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
  2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
    • (a) the act(s) and/or omission(s) of the person(s) affected;
    • (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
    • (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
    • (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
  3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
    • (a) loss of and/or damage to any luggage or personal possessions and money. Because you are assumed to have adequate insurance in place to cover any losses of this kind.
    • (b) Claims not falling under (a) above and which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
    • (c) Claims in respect of international travel by air, sea and rail.
      • i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); and The Berne/Cotif Convention (with respect to rail travel). In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
      • ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
      • iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
  4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  5. 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.
  6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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) any business losses.
  7. We will not accept responsibility for services or facilities which do not form part of our agreement. For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you. If you employ the services of any person while on holiday (e.g. a nanny), it is your responsibility to ensure that such person is suitable to provide such services and is adequately vetted.

23. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

24. Local activities, facilities and excursions 

Some facilities, activities and excursions could involve an element of risk. These activities, facilities and excursions are neither run nor controlled by Sophia Neophitou If you wish to participate, purchase or make use of any optional activities, we regret that Sophia Neophitou cannot accept liability in relation to these. The contract for the provision of that activity, facility or excursion will be between you and that provider. Usually these locally paid for activities, facilities and excursions will be subject to local law and jurisdiction. The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract.

26. If you have a complaint 

If you have cause for complaint whilst on holiday this must be brought to the attention of Sophia Neophitou and relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the supplier or villa management company be unable to resolve the matter, details of the complaint must be notified to Sophia Neophitou in writing within 28 days of the end of your holiday. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

27. Behaviour

At all times during your holiday, you are expected to have consideration for fellow holiday makers and other third parties. If in the opinion of ourselves, any accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to third parties or property or to cause a delay or diversion to transportation, either ourselves or the supplier concerned may terminate your arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. Subject to clause 7, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

28. Passports, visas and health requirements

We, or the airline, ferry or train operator, will refuse travel if you do not have a valid passport, visa and entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Please see Essential Information under ‘Passport and visa’ for more general information about the passport and visa requirements for your particular holiday.

29. Use of information you give us and communicating with you

In order to process your booking and provide you with your confirmed holiday we will need to collect and process personal information. This may, for operational reasons, be held at overseas locations. We must pass on your personal information to the companies and organisations who need to know them so that your holiday can be provided (for example accommodation provider, transport companies, credit/debit company or bank). We may from time to time record telephone calls to our contact centre. Where you provide us with personal information, you consent to this information being used as described in this clause. We would like to send you information about products and services that we think will be of interest to you. We may do this by post, telephone, SMS or email. We are entitled to assume you do not object to our doing any of the things mentioned above unless you write to us at any point and say otherwise.