Terms and Conditions
The Terms and Conditions below relate to your holiday booking withs us:
The following Terms and Conditions, together with the General Information section and particulars in the Spring Harvest Holidays 2014 brochure (except paragraph 1 below) and any information given to you which is specific to your holiday, form the basis of your contract with Spring Harvest Holidays Ltd. Please take the time to read them carefully as they set out our respective rights and obligations. Your contract with us will be governed by English law.
In these Booking Conditions, “you” and “your” mean all persons named on the booking form. “We”, “us” and “our” mean Spring Harvest Holidays Ltd. “Holiday” means the accommodation, travel and other services you book with us for which you make a payment to us. “The site” and “The Park” mean the Le Pas Opton holiday park, 85800 Le Fenouiller, France.
1. Your financial protection
We are required by law to protect money paid by you to us for your holiday. We have established a trust account, administered by trustees which only releases your money to us after you return from holiday. These arrangements mean the cost of your holiday will be refunded or you will be brought back to the UK (where your contracted holiday arrangements include return travel to the UK) if already abroad, in the unlikely event that your holiday cannot be provided due to our insolvency.
2. Your holiday contract
(i) A contract will exist as soon as we issue our confirmation invoice. In the case of bookings received within 8 weeks of departure, the contract will exist between you and us as soon as you have received verbal confirmation from us and advised us of your credit/debit card details or we have received your cheque.
(ii) When you contact us to book your holiday, you appoint us to act as your agent in contracting transport and other applicable services on your behalf for which we may receive commission. Your booking is subject not only to these Booking Conditions but also to the terms and conditions of these other suppliers, which are available on request. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions.
(iii) We reserve the right to refuse to accept a booking. You are strongly advised not to commit to related arrangements (for example flights, ferry or car hire) until your confirmation invoice is received.
3. Brochure information and prices
(i) The holiday brochure is published several months in advance of the date of your actual holiday. Every effort is made to ensure that all information is correct at the time of printing.
However, some things may change after publication date, and if there are any significant changes/mistakes in the brochure, we will tell you at the time of booking or, if you have already made your booking, as soon as possible. In the event of a significant change we will provide all relevant information to enable you to take appropriate decisions in relation to your booking and its continuance or otherwise. If your holiday is outside the main season (1 July – 1 September) some of the facilities on site may be restricted.
(ii) All photographs and layout plans are intended for guidance only. If specific facilities, services or other details are important you should contact us for specific information.
(iii) We reserve the right to increase or decrease our prices at any time before, or subsequent to, confirmation of your booking, whether by a revised brochure or by other form of communication.
(iv) The price of your holiday is subject to surcharges on the following items: for increases in transportation costs eg. fuel surcharges which are part of the contract between operators and us, Government action such as increases in VAT or any other Government imposed increases or the effect of adverse currency exchange rate variations. The revised price will be calculated by applying the actual cost of any such increases as advised by the transport operators, the Government or, in the case of currency changes, according to the rates quoted in the Financial Times Guide to World Currencies. Even in this case, we will absorb an amount equivalent to 2% of the holiday price and any amendment charges. Amounts in excess of this 2% may be surcharged. If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the date of issue of the revised printed invoice. No refunds will be made in the event of favourable exchange rates or decreases in costs to us. (v) We will not add any extra costs within 30 days of the start of your holiday. (vi) Brochure publication date: November 2013.
4. Payment for your holiday
When you make your booking a deposit is payable (see brochure for details). When paying by cheque this must be received within 4 days to confirm your booking. We must receive the balance of the holiday cost no less than 8 weeks before the start of your holiday. If you are booking your holiday within 8 weeks of departure, the full cost is due at the time of booking. A charge of 2% of the balance payment will be applied to balance payments made by credit card; debit card and cheque transactions are not subject to any charge.
5. Changing your holiday
If you want to change any part of your holiday booking, due to the extra administration involved, an amendment charge will be made for each set of amendments, plus any extra cost of the new reservation and/or any third party (eg ferry operator) charges. Each amendments made more than 8 weeks prior to departure will incur a charge of £25. Each amendment made less than 8 weeks prior to departure will incur a charge of £40. If you want to change your holiday accommodation or dates whilst on site, we will endeavour to arrange this, subject to availability and other constraints; charges will apply and will be payable locally in euros. Any additional charges will be on the basis of the price list from which you first made your booking.
6. If you cancel your holiday
In any case of cancellation by you, you must give notice of cancellation to us at our registered address, in writing. If you have to cancel your holiday for any reason the following cancellation charges will apply. You may find that the reason for your cancellation is covered under the terms of your insurance policy. In these circumstances, you may be able to reclaim these charges. Adequate travel insurance for all members of your party is an essential requirement of your booking. See clause 10(ii).
Period of notice Cancellation charges
Before departure (% of total holiday cost not including any insurance premium paid)
More than 56 days: Loss of deposit
28 - 55 days: 40%
14 - 27 days: 70%
Less than 14 days: 100%
If you have not arrived at the holiday site by 12 noon on the day after your holiday was due to commence, and have not contacted the site direct (Tel: +33 (0)2 51 55 11 98) to confirm when you will arrive, we will take it that the holiday is cancelled and the total cost and any insurance premium paid will be lost.
7. Changes to your holiday by us
Occasionally we may have to make changes to your holiday. In most cases, these are minor and will not affect your accommodation or travel. If we unavoidably have to i) make a significant change or ii) cancel your booking, we will notify you as soon as possible and offer you a choice of:
a) a replacement Spring Harvest Holidays holiday of equivalent or superior quality to the one you had booked;
b) a replacement Spring Harvest Holidays holiday of lesser quality, plus the price difference between the replacement and the original holiday;
c) a full refund of monies paid to us for your holiday plus a refund of travel insurance purchased specifically for your holiday.
In addition, after full payment has been made, except where the change is due to circumstances beyond our control (see clause 8), the following compensation will also be paid. This compensation is limited as set out below and would not be payable in all cases.
After full payment but more than 14 days before original departure: £20 per booking. After full payment but within 14 days before original departure: £50 per booking.
After full payment and whilst travelling to holiday site: £75 per booking.
8. Circumstances beyond our control
If the cause of change or cancellation by us is due to unusual and unforeseeable circumstances beyond our control (such as, but not limited to, strike action, industrial dispute, adverse weather conditions, war, riot, terrorist activity, fire, natural or nuclear disaster or other unforeseen circumstances that may be classified as circumstances beyond our control) we regret we cannot be held liable or offer compensation.
9. Passports, visas and health
(i) Passports and visas: British guests, including any children not already included in a parent’s passport, must have a valid British passport before travelling. You must make sure that your passport will be valid for the entire duration of, and for a minimum of 6 months beyond the end of, your stay. Children not already included on a parent’s passport by 5 October 1998 will need their own passport (those already included are not affected). Holders of non-EU passports may require a visa for France.
(ii) Health: you are advised to obtain a European Health Insurance Card (EHIC) via the Department of Health website www.dh.gov.uk. This will entitle you to benefit from the reciprocal health arrangements that exist between European Union countries; your travel insurance may not accept claims that can be covered by the EHIC. Please note that EHICs expire after 5 years, so if you already have one you will need to check whether it needs renewing. The EHIC may not cover the full cost of medical treatment and does not cover repatriation, accommodation and many other emergency needs, see section 10 (ii).
10. Other matters
(i) Behaviour: we reserve the right to terminate the contract of any customers whose behaviour, in the opinion of our site management, interferes with the comfort of our other guests, the safety of our staff, contravenes site regulations, a copy of which is available at the site, or for any other reason deemed fit by the park manager. In the event of such a termination, no refund will be payable.
(ii) Insurance: we consider travel insurance to be essential and require you to be in possession of valid travel insurance for the duration of your holiday including all travel to and from the holiday location.
(iii) Special requests: wherever possible we will respond to special requests if they are made in writing at the time of booking. Such requests cannot be guaranteed, nor do they constitute part of your holiday contract. We are unable to guarantee adjacent accommodation although we will try to meet these requests.
(iv) Equipment damage waiver: a non refundable charge of £15 is applied to all bookings which will cover up to £1,000 of accidental breakage or damage to the accommodation, furnishings and site equipment. You will be liable for any costs above this amount.
(v) Party members: only those people named at the time of booking may use the accommodation you book, up to the maximum advertised capacity of the accommodation unit. We require at least one responsible adult (aged 18+) on each emplacement booked. We reserve the right to refuse bookings from single-sex groups of young adults and may require references in such cases prior to accepting a booking.
(vi) Information: our aim is always to respond with accurate information to telephone enquiries and bookings, but we strongly advise you to await written confirmation by us of any critical information provided verbally before relying upon it.
11. Our liability to you
(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in the brochure. If any significant part of your travel arrangements is not provided as promised, we will pay you appropriate compensation if this has disrupted your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English law.
(iii) We accept responsibility for the acts and/or omissions of our employees, agents and suppliers but our liability in all cases other than those referred to in paragraph (ii) above, shall be limited in accordance with international conventions where they exist, or otherwise limited to a maximum of three times the cost of your travel arrangements.
12. Personal injury unconnected with your booked travel arrangements
If you, or any member of your party, encounters difficulty arising out of an activity which either does not form part of your holiday or is a circumstance beyond our control, we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent to such assistance prior to commencement of proceedings. Our consent will be given subject to your agreement that Spring Harvest Holidays Ltd will reclaim its costs against any third party in the event of a successful claim or against any indemnity provided by the insurance. We limit the cost of our assistance to you or any member of your party to £5,000 in total.
13. Conditions of carriage
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. The brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit, the transportation companies mentioned therein or any company whose services are used in the course of your travel arrangements.
14. If you have a complaint
If you have a problem during your holiday, please inform our representative (reception staff or park manager) and any relevant supplier immediately. If your complaint relates to our park, the manager will endeavour to resolve the problem immediately. Please ensure you complete a Customer Service Form, available on site. If your complaint is not resolved locally, please follow this up at the earliest opportunity, and in any event not later than 28 days following your return home, by writing to our Customer Services Department at Spring Harvest Holidays Ltd, 14 Horsted Square, Uckfield, East Sussex, TN22 1QG, giving your booking reference and the details as reported on the Customer Service Form. In the case of a complaint against a third party (eg. travel operator) it is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst on site. If you fail to follow this procedure we or the relevant third party will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday, and this may affect your rights under this contract. We regret that we will be unable to deal with your complaint unless this procedure is followed.
15. Data Protection
Spring Harvest Holidays is registered with the Information Commissioners Office (ICO), registration number Z8113298. The registration certificate and details are available from us or from the ICO.
In order to process your holiday booking we need to collect certain information from you. These details include name on passport, address and age of all members of your party, credit/debit card details, and any special requirements which you may notify to us as part of your booking. We take responsibility for the safe and secure storage of all information provided by you. Certain details have to be passed on to travel operators (eg. ferry) so that the travel element of your holiday can be booked on your behalf. Your information will be kept on file and may be used to send you details of Spring Harvest Holidays Ltd or other carefully selected organisations in the future. In accepting these terms and conditions, you consent to Spring Harvest Holidays Ltd using the data for the purposes stated. If you would rather not receive information in the future, please email firstname.lastname@example.org or call 01825 748318.
16. Photography and filming
Please be aware that photography and filming for marketing purposes may take place during your holiday. If you do not want your image to be recorded and used in publicity you should notify reception on arrival and if necessary avoid areas where photography and filming is taking place.
17. Offers and Discounts
(i) Any percentage discount will be applied to the base price of your holiday only, as listed in the brochure and website price grid. We reserve the right to withdraw or amend any discounts published in the 2014 brochure. If any contradictions arise between offer details in the brochure and on the website, information on the website will be held correct.
(ii) Tell a Friend £50 Discount: It doesn’t matter whether or not you’ve been before, but your friends must either be new customers to Spring Harvest Holidays, or haven’t holidayed with us for 2 years. You can introduce more than one friend – we’ll continue discounting until the base price is zero. Sorry, we can’t pay you any money and the discount can only be deducted from the base price. You and your friends must complete your holidays this season to qualify. Discounts may be taken from any standard price holiday except the Houseparty. This offer may be combined with other published offers but not with group discounts.
(iii) All offers are subject to availability and may be amended or withdrawn at any time.