We do not knowingly collect personally identifiable information from children. Users should limit children’s access to Website.
Website is for User’s personal use only. Website shall not be used in connection with any Non-commercial endeavors.
User may not use the Website or any content on Website for any purpose or reason which is unlawful or to solicit the performance of any illegal activity or other activity which may violate federal, state, or local laws or the rights of Company.
Company owns and retains proprietary rights in Website. Website contains copyrighted material, trademarks, and other proprietary information of Company, its licensors and licensees.
All trademarks, service marks, and logos used on Website are the sole property of Company and/or its licensors. Company’s marks include, but shall not be limited to, Benidorm Weekender®, Benidorm Weekender logo®, LIKE NO WEEKENDER YOU HAVE EVER SEEN™ and other Company graphics, logos, designs, page headers, button icons, scripts, and service names that are protected by U.K. and international copyright, trademark, and other intellectual property laws. All content created by Company included on Website, such as text, logos, graphics, images, java scrip code, HTML code, and other software, is the property of Company.
User shall not:
User agrees that use of Website is at User’s sole risk. Company does not guarantee the accuracy, completeness, or usefulness of any content on Website nor does Company adopt, endorse, or accept responsibility for the accuracy of any opinion, advice, or statement made by any User regarding Website. No advice or information, whether oral or written, obtained by User from Company, or from or through use of Website shall create any warranty not expressly stated herein.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of Website.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM USER’S USE OF WEBSITE OR OTHER MATERIALS ON OR ACCESSED THROUGH WEBSITE, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH WEBSITE OR ANY CONTENT ON OR IN WEBSITE IS TO STOP USING THE WEBSITE.
Users shall not link to Website on third-party websites without the prior written consent of Company.
User agrees that all matters relating to User’s access of Website, including all disputes will be governed by the laws of Spain & the UK without regard to its conflicts of law provisions. By using Website User agrees to the personal jurisdiction by and venue in the state and High courts located in London, UK, and waives any objection to such jurisdiction or venue.
User has the option to submit personally identifying information to Company through the Website. Such submission is completely voluntary and not required. USER ACKNOWLEDGES THAT COMPANY MAY COLLECT AND STORE USER’S NAME, EMAIL ADDRESS, AND OTHER PERSONAL INFORMATION USER PROVIDES TO THE COMPANY.
A User’s personally identifying information voluntarily submitted to Company may be removed from Company records by User contacting Company to request such removal.
User also acknowledges that Company may collect non-personal identifiable information including IP addresses, date and time of use, and browser types from User. Company may use such information to secure information, manage Website, track usage, and improve the overall Website.
User may contact Company through email or Website portal. Company may keep records of any such contact from User.
ND: 4837-5635-1247, v. 3 DMC SERVICE ID
Definitions and Interpretation
These Booking Conditions set out our obligations to you and your commitments to us when you book arrangements with us and these together with the information contained in the booking confirmation letter forms the basis of our contract with you.
(i) “we” “us” and “our” are references to DMC Service Company trading as (BenidormVIP & Benidorm Events) (“S.L”).
(ii) “you”, “your” or “party” means all persons (or any of them including the Lead Customer) named on the booking (and persons added or substituted at a later date).
(iii) “Arrangements” means the activities, events, transport, accommodation, meals and other services of whatever description (or any of them), as applicable, booked through us for you in accordance with our contract
(iv) “Lead Customer” means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person).
(v) “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
(vi) “in writing” means by facsimile, email or letter.
We are not an agent, we are the supplier in respect of most bookings we take and/or make on your behalf and in such cases, your contract will be with the supplier of the Arrangements in question. In respect of these bookings we will accept no liability in relation to any contract you enter into or for any Arrangements you purchase or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any Arrangements. When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the Arrangements. Your booking with us is subject to these terms and conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier’s liability to you. Where we act as an agent, the itinerary we issue at the time of booking will set out the suppliers on whose behalf we act and a link to where you can find their booking conditions. For bookings where we enter into a direct contract with you for the sourcing and supply of Arrangements, we will accept liability as set out in clause 10 below.
All our Arrangements are made up of different elements that are available to be purchased separately. In other words, you may decide to just purchase the accommodation element of the itinerary or you may decide to just purchase the activity or activities that feature within that suggested itinerary. We will treat each element separately so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. Prices confirmed to you prior to your payment of your deposit will be listed and priced by element and each element of the programme is available to buy separately at the same price as it would be if more than one element is booked.
Once the group leader has paid the deposit or full payment as applicable (see clauses 2 and 3 below), we will confirm your booking by sending a confirmation email at which point a binding contract between you and us or each applicable supplier as applicable will come into existence. Any email confirming that we are holding your booking on behalf of a supplier does not constitute a contract. Should we acknowledge your booking prior to sending a confirmation email, such acknowledgement will be an indication that we are processing your quotation and not a confirmation of it. By making your booking, you will be regarded as having had the opportunity to have read and understood both these terms and conditions and those of any applicable supplier and to have actually done so before a contract came into existence.
You accept that the Lead Customer has the authority to deal with us on your behalf. If for any reason there is a change in the Lead Customer, you should notify us in writing immediately. The Lead Customer is liable for payment of the amounts due and therefore is responsible for collecting all monies and making payments by the due date. The Lead Customer must be authorised to make the booking on the basis of these terms and conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Lead Customer is a minimum of 18 years old.
Upon receipt of our confirmation email together with all other documents we send you, please check them and contact us at once if any information appearing on the confirmation or any other document appears to be inaccurate or incomplete as it may not be possible to make changes later.
2. Payment of Amounts Due
You must pay a non refundable £50 holding fee to hold your booking and then have 2 weeks to invite your guests through your dedicated members area and for them to pay their non-refundable and non-transferrable £25 deposit. Your members area will indicate the total price of your Arrangements, the balance due and the balance due date. The balance must be paid no less than 2 weeks prior to the start of your Arrangements. Please note that payments made by individuals contribute to the overall amount due as this is a contract between each applicable supplier and the group as a whole, not individual group members. If you are booking within 6 weeks of the start date, you must pay the full cost of your Arrangements when you book. Payments can be made using a valid credit or debit card, cheque, bank transfer or cash. There is no charge for payment by cheque, bank transfer or cash, a 50p fee for payment by debit card, 2.5% fee for payment by credit card and a 3% fee for payment by AMEX or PayPal.
In a minority of circumstances different payment terms will apply to the above. That is, a full non-refundable payment for your event will be required within 1 week of your booking. This will be communicated to you prior to you having booked and is because in some cases where we are sourcing a particularly popular product you will need to make a more significant financial commitment to the provider.
Should the balance not be received by us in time, we will inform the Lead Customer that the payment is overdue. If you do not then make payment within 3 days we will notify the supplier of the Arrangements who will be entitled to treat your booking as cancelled by you and instruct us to retain your deposit. You must in addition pay the cancellation charges shown in clause 8 depending on the date any applicable supplier reasonably treats your booking as cancelled.
All monies you pay to us where we act as an agent for the supplier will be held on behalf of the supplier(s) concerned respectively.
3. Special Requests
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless any supplier has specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
4. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the Arrangements. We will advise you of any change in the price or error of which we are aware at the earliest opportunity before you book . We reserve the right to make changes to and correct errors in prices at any time before your Arrangements are confirmed. Once your Arrangements have been confirmed to you by our confirmation email then subject to other clauses in these terms and conditions, the price will not change.
5. Website and Quote Descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not that necessarily of the actual venue.
Please note: most daytime activities take place at outdoor activity centres, which by their nature are not usually located in city centres/urban areas. Breaks/events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 30 miles although this may be more for some exclusive activities.
6. Changes and Cancellations by us or the applicable supplier
Occasionally, we have to make changes to and correct errors in our website and/or documentation or other literature we produce both before and after bookings have been confirmed; and your supplier(s) may make a change to or cancel confirmed bookings. Whilst we and your suppliers always endeavour to avoid changes and cancellations, we and they must reserve the right to do so.
Most changes suppliers make are minor for example a change in the timing of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); a change of accommodation to accommodation of the same or higher standard within the same destination city. In extremely rare circumstances suppliers may make a significant change or cancellation to a confirmed booking. If this happens, we will tell you as soon as the supplier makes us aware of the situation. If there is time to do so before departure, we will offer you the choice of the following options:
(i) Accept the changed Arrangements
(ii) We will suggest alternative Arrangements of a similar standard to that originally booked which you may choose to book instead
(iii) Cancel or accept the cancellation in which case we will refund or pass on from the applicable supplier(s) a full refund of all monies you have paid to us relating to the cancelled or amended Arrangement(s).
Please note the above options are not available where any change made is a minor one.
No liability beyond offering the above mentioned choices can be accepted where changes or cancellations are made as a result of unusual and unforeseeable circumstances beyond ours or any applicable suppliers’ control, the consequences of which could not have been avoided even with all due care; or where cancellations are made because the minimum number of persons required to operate the Arrangements you have booked has not been reached.
No liability will be accepted and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these terms and conditions entitling the supplier to cancel (such as paying on time) or if the change made is a minor one.
Very rarely, after your Arrangements have commenced, we or your supplier(s) may be forced by Force Majeure to change or cancel part or all of your Arrangements. If this does happen then we regret that neither we nor your supplier(s) will be able to provide any refunds, pay you any compensation or meet any losses or expenses you incur as a result. We will try to assist you to secure alternative arrangements but you will have to pay any associated and/or additional costs in doing so or arising out of any alternative arrangements.
7. Weather Conditions
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your Arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out in clause 6. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
8. Changes and Cancellations by you
If you wish to change your booking in any way we will try to accommodate your requests with your supplier(s) but we cannot guarantee that changes can always be made. Where a change can be made, we may charge an amendment fee. In any case you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of your suppliers.
Where the price of your Arrangements depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation. You will be required to pay the increased price.
If you wish to cancel all or any part of your booking, you should advise us immediately by telephone followed by confirmation in writing. Cancellations can only be made in accordance with ours or your suppliers’ terms and conditions. We or the supplier may charge cancellation charges which will be based on the scale shown below:-
No of days before the date your Arrangements commence we are notified of cancellation Amount you must pay to us or the supplier(s)
More than 42 days Deposit
Less than 42 days 100% of the total cost of the Arrangements in question
Please note that the total cost of the Arrangements in the above scale does not include any insurance premiums or amendment charges relating to your Arrangements. If your insurance policy covers the reason for your cancellation, you should be able to claim for a refund of your cancellation charges from the insurance company less any applicable excess.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, suppliers may need to amend their pricing. We will notify you if that is the case.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure.
10. Our liability
In respect of bookings where we act as a sales agent for our suppliers:-
(1) Our agreement with you and the service we provide for you is to source and book Arrangements for you. Your contract(s) are with each applicable supplier of your Arrangements and their booking conditions govern each contract. As a booking agent, under English law we have no responsibility for the actual provision of the Arrangements or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Our responsibilities are limited to making the booking in accordance with your instructions.
In respect of bookings where we agree to take responsibility for the sourcing and supply of your Arrangements:-
(2) We will accept responsibility for the arrangements we agree to provide or arrange for you if we fail to use reasonable skill and care in selecting the supplier(s) who will provide your Arrangements. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us.
(3) We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
• the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
• the act(s) and/or omission(s) of a third party not connected with the provision of your Arrangements and which were unforeseeable or unavoidable; or
• Force Majeure
(3) Please note we cannot accept responsibility for any services which do not form part of your Arrangements. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any arrangements you purchase whilst away. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of the element of the booking that has been affected (excluding insurance premiums and amendment charges).
(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
(6) Some of the activities and events we offer are by their nature inherently dangerous. By participating in these you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 11.
You are advised to take out adequate and appropriate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation to the UK, in the event of illness or accident. You must ensure that the policy you purchase is suitable for your confirmed Arrangements including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your Arrangements.
(a). You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. You understand and agree that when you book through us, you accept responsibility for the proper conduct of yourself and all other members of your party during your Arrangements. We or any person in authority can terminate your Arrangements if, in the reasonable opinion of ourselves or the person in authority, your behaviour or that of any member(s) in the booking is likely to cause distress, damage, danger or annoyance to other clients or members of the party, employees, suppliers, property or anyone else or if the person(s) concerns is or appears to be unfit to travel for whatever reason. In this situation, the person(s) concerned will not be able to complete their Arrangements and we will not be liable for any refund, compensation, expenses or any costs they have to pay or incur. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event or activity and/or present in the same environment which forms part of your Arrangements or if any facilities or services are removed or withdrawn as a result of their action.
(b). Full payment for any damage or loss (reasonably estimated if not precisely known) caused by you or any member of your party must be made direct to the accommodation owner or manager or other supplier or to us as their agent as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us or any supplier(s) and all costs incurred by us / the supplier (including our own, the supplier’s and the other party’s full legal costs) as a result of your actions. You must ensure you have appropriate travel insurance to protect you if this situation arises. Chillsause reserves the rights to pass your details on to a supplier, or third party debt recovery agency to reclaim any monies owing including all additional costs of doing so.
(c). You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
(d). You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the Arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
(e). Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.
13. Financial Failure Insurance
For bookings which amount to a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the booking you will be insured for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from the cancellation or curtailment of your travel Arrangements due to the insolvency of Chillisauce Limited. Please note that bookings of single elements do not qualify to be insured, and nor do multiple element bookings where each element is individually less than 24 hours in duration.
This insurance has been underwritten by MGA Cover Services Limited under a binding authority with the insurer CBL Insurance Europe Limited.
Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your Arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen Arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we will advise the applicable supplier(s) of such who may cancel your booking and impose the cancellation charges as set out in clause 8 where in their reasonable opinion, the confirmed Arrangements are not suitable. Please note that some of the Arrangements we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks.
15. Complaints procedure
Should you be unhappy with any element of your Arrangements, you should notify the supplier of the Arrangements concerned immediately. If the problem still cannot be resolved, you should contact us as soon as possible at the time. If you continue to be dissatisfied on your return, you should write to us formally setting out your points within 14 days of returning from your Arrangements if your complaint or claim does not involve death or personal injury or illness; or within 3 months of returning from your Arrangements if your complaint or claim involves death, personal injury or illness. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint. As it is difficult and sometimes impossible to properly investigate a complaint if suppliers/we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 10. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid through us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs.
16. Passports, visas and health requirements
A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to.
Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
It is the Lead Customer’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
18. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to English & Spanish law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales & Spain.
“Company”, “we”, “us”, “our” means Benidorm Holidays Ltd ., a limited company trading under current Spanish legislation and registered for UK VAT & Spanish IVA
“Customer” means the person who pays for the Booking.
“Passengers” means all passengers named and unnamed on the Booking.
“Lead passenger” means the first passenger named on the Booking.
“You” and “your” means any customer, including all passengers (or any of them as applicable) named on a Booking.
“The Transport Operator” means the professional transport service provider that will perform the transfer.
“Booking” means the booking for transfer services made with us.
“Transfer service” means any service provided by us for the carriage of passengers by road and includes any other service provided by us relating to or incidental to that carriage.
“Transfer Voucher”, “Booking Voucher”, “SMS Voucher” means the written confirmation of the Booking we will send to you by email.
“Contract” means the Booking and these Terms, and any other terms and conditions stated to apply to the Booking.
“Terms” means these terms and conditions.
“Website”, “Websites” means www.Benidormtransfers.co.uk or any other website owned or operated by us.
2. ABOUT US
We provide transport management services, for individuals and groups. We also trade as “Benidormtransfers.co.uk”, of which we have sole ownership. Our registered office is UK Head Office
Benidorm Holidays Ltd, Benidorm House, 27 Gloucester Street, London, WC1N 3AX.
For trading purposes, we have the telephone number (08000 588922), and operate through the following website: www.BenidormTransfers.co.uk with email address Webmaster@benidormtransfers.co.uk or other local telephone numbers please refer to the “24H CONTACT” section of our website. For the purpose of providing our service, we work with Transport Operators who deliver a professional Transfer Service for transporting people, or act as an agency with capacity to offer transport services, holding the relevant licences and permits required by national law for this activity.
In no case shall the transport services be considered as package travel in the terms of Council Directive 90/314/EEC, of 13 June 1990, or in the terms of the Spanish Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law on the Protection of Consumers and Users and other supplementary laws, and therefore the Company shall in no way be considered a travel agency.
Through its websites, Benidorm Hoildays Ltd (BenidormTransfers.co.uk) offers transport management services for individuals or groups.
Before requesting a service offered on our Website you should ensure that you have read and understood these Terms, as they will govern any subsequent Contract. By making a Booking, you confirm you have read these Terms and have the legal capacity to accept them on behalf of yourself and all the Passengers. If you do not understand any of the Contract conditions, we strongly recommend that you contact Customer Service before proceeding with any booking. If you do not wish to be bound by these Terms, regrettably you may not make a booking with us.
3. ONLINE BOOKING PROCEDURE
The person making the Booking must be at least 18 years of age and has the responsibility to follow the online booking process, ensure all the details provided are correct and complete and make full payment.
Upon entering into a contract with Benidorm Hoildays Ltd. the Company will undertake the necessary formalities to organise the requested services.
The contract becomes legally binding only when you have received your transfer voucher by email. In the event of the Transport Operator being unable to provide the requested services, you will be informed and reimbursed the full amount by the same method as the payment was made, leaving us with no further liability to you.
You are required to acknowledge all notifications we make to you. However, in the event that you fail to acknowledge receipt of an email, the records that exist on our email server shall be considered as proof of reception.
The act of us sending you the confirmation of charges and payments made by you shall not be considered as binding you to any contract.
The Transfer Vouchers which must be presented to the Transport Operator should be printed out so that each Voucher is readily available for inspection by the driver. Failure by the Lead Passenger to present the Voucher may result in the Transfer Service not being provided. We recommend that you print out and carry with you all communications between the parties in addition to the Transfer Vouchers.
Minors are strictly prohibited from seeking any service from us, and their parents, legal guardians or other persons responsible for them should contact us immediately should a minor make a Booking with the Company for the provision of a service in order to enable us to cancel the registration forthwith. Minors are not allowed to travel with us without an adult passenger in their company.
We accept all widely used payment methods including credit card (American Express, MasterCard/Diners International, Visa), debit card (Visa/Delta, Visa/Electron), bank transfer and PayPal. The use of PayPal is only possible for bookings exceeding a certain amount and the customer will be charged an admin fee.
Prices are charged in £’s on our site and any currency conversion facility is provided as an approximation tool only.We ask for any payments in resort to be paid in €’s
The Transfer Voucher includes your requested destination / pickup and your accommodation address. Any changes to these or any other details must be sent in writing by email to Webmaster@benidormtransfers.co.uk or requested through the “My Booking” section of the Website prior to the date of travel and will not take effect until checked with the Transport Operator and confirmed to you by email.
You are liable for any increased service cost resulting from requested change. The first change will be made free of charge, additional changes may incur a £15 administration fee. Gold Cancellation Protection may be added to the arrival leg of an existing booking up to 48h before the date of the first transfer service. No refund is due for changes within less than 7 Days.
Once the contract becomes legally binding, the Customer is requested to notify our Customer Service Centre of any errors therein not less than 7 Days prior to the corresponding Transfer Service. Notification made within 48 hours of the corresponding Transfer Service affords us the right to terminate the Contract without penalty or charge.
6. CANCELLATIONS BY YOU
Any cancellation of Contract must be made in writing by fax or email addressed to our Customer Service Centre. You may cancel booked Transfer Services separately or cancel the whole Booking.
If we receive your cancellation request more than 7 Days before the scheduled pickup time of the Transfer Service you wish to cancel, the amount paid for this transfer will be refund 50%. No monies will be refunded for cancellations received less than 7 Days from the scheduled time of the Transfer Service you wish to cancel. In these instances we will email you a cancellation note which may be used to claim the expense back against your tour operator, airline, or travel insurance provider.
7. LAST MINUTE BOOKINGS
Depending on the routes and the season, our freesale deadline varies from 0 to 48 hours, and more in exceptional cases, before a Transfer Service commences. If prompted by the Website, please CONTACT US 24/7 so that we can check whether we have a suitable vehicle available for your transfer request. Please note that our cancellation policies will apply regardless of booking date and time.
8. CHANGES AND CANCELLATIONS BY US
If the Transport Operator needs to make a significant change to the conditions of the Service, or needs to cancel the Service, we will inform you as soon as possible.
We will use reasonable effort to honour your vehicle preference, however the vehicle may be substituted with a vehicle of greater capacity or multiple vehicles depending on availability. If we need to change your booking to a lower category or smaller vehicle for which a lower rate is available, we will refund you the difference in the rates.
In rare instances we may need to cancel your Booking. In such circumstances you will be refunded in full but we shall have no further liability to you arising out of such cancellation. We will, however, use all reasonable efforts to try and find suitable alternatives for any confirmed Booking subsequently cancelled by us.
9. CHILD SEATS
Both local and national laws regarding the use of child seats for infants and children vary from country to country. However, all transfer operators will comply with the latest legislation. If you are booking a private transfer, we do recommend the use of booster or child seats for those under the age of 12, or up to 135cm, for safety purposes. During the booking process in most destinations you are given the chance to reserve child or baby seats.
The lead passenger must check, under his/her solely responsibility, that such child restraint devices are suitable for the vehicle and are properly used and installed in it. The company assumes no liability resulting from any failure to use, install, or check the restraint device, or resulting from its incorrect use.
If you wish to bring your own child or booster seat, and are taking a private transfer, we must be advised of this information before you travel. This is to ensure that the vehicle provided by the Transport Operator can accommodate the seat. Group services are usually provided by minibus or coach, and in these vehicles it is not possible to use a child seat as the vehicles do not have compatible seating.
We will endeavour to ensure that child seats are provided by our Transport Operators where they have been booked. There may be instances when such seats are unable to be provided. In such cases, you will be entitled to a full refund for seats booked and not supplied. If no child seat is available, children of three years of age and over may travel as long as they wear an adult seat belt. Children under three years of age may be transported without a safety restraint as long as they travel in the rear of the vehicle.
10. CHILD PRICING
All children and infants count towards the occupancy of the vehicle, regardless of age, and thus should be included in the total number of passengers at the time of booking.
11. WHEELCHAIRS AND BOOKINGS FOR DISABLED PASSENGERS
Benidorm Transfer Services for disabled passengers must be requested by contacting our Customer Service Center. We will try our best to meet your requirements, although we are not specialists in transfers for disabled passengers. Disabled passengers using our services must be able to board the vehicle independently or with the assistance of those in their party. We only take fordable wheelchairs. We regret that we cannot currently guarantee the type of vehicle that will be used for your transfer.
12. PRE-BOOKED EXTRA STOP
During the booking process you are given the opportunity to pre-book extra stops if you need to collect and drop off keys or if your group will be split between more than one accommodation address. The extra stop address must be located in the same destination as your principal accommodation address. Extra stop duration is limited to 5 minutes.
13. TRAVEL INSURANCE
We strongly recommend that you contract travel insurance which is adequate for your needs. Please read all the contract details and print the documentation so that you can take it with you when you travel. Comprehensive travel insurance will cover you for many eventualities that are beyond our control.
14. OUR LIABILITY
If we fail to comply with these Terms, we shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence and only up to the value of the fare paid by you. We will not be held responsible for any loss or damage that is not foreseeable nor that is consequential. We are not liable for breaches that are not directly attributable to us, or those produced by accident, force majeure, or due to legal or administrative requirements.
We cannot be held liable for incidents that may occur during the provision of the service, more specifically illnesses, personal injuries or death, unless caused by our negligence.
This means that, subject to these Terms, we may accept responsibility if, for example, you suffer death or personal injury or your Transfer Service is not provided as promised or proves deficient as a result of the failure of ourselves, our employees, or Transfer Operators to use reasonable skill and care in making, performing or providing, as applicable, your contracted transport service. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
In addition, we will only be responsible for what our employees and Transfer Operators do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for Transfer Operators).
Nothing in these Terms and conditions excludes or limits: a. our liability to you for any death or personal injury resulting from our negligence b. any of your other statutory rights as a consumer that cannot be excluded or limited.
We are absolved of all liability whatsoever where the customer makes a contract for another service directly with the Transport Operator.
We cannot guarantee the accuracy or reliability of the content of this website. This includes such eventualities as viruses. However every endeavour will be made by us to rectify in the shortest possible period any errors to which our attention has been drawn. Should such errors result in Bookings being made against faulty pricing and promotional information, we reserve the right to terminate the contract without offering compensation to the customer.
15. FORCE MAJEURE
We accept no liability and will not pay any compensation where the performance of our obligations or the Transport Operator’s obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond our reasonable control including, but not limited to, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, accidents suffered by third parties on the transfer route, police checkpoints, unusual traffic levels, or industrial action.
All contact related to the amendment of booking information must be requested by email or through the “My booking” section of our Website.
In the event of unavoidable alterations to the contract, we will inform you by emailing the address provided by you at the moment of booking, the act of sending this email being considered as proof of receipt by you. The same system applies to all other advisory emails which we may send to you. It is therefore essential that you check that the email address provided by you is correct and that you read any incoming emails up to the time of your Transfer Service.
In case your arrival transportation is delayed or diverted to a different airport, station or port, the Transport Operator will reschedule the Transfer Service and you will be picked up at the new arrival time subject to availability. In the case that there is no availability, you will be refunded in full. We apply IATA’s definition of flight delays for the purposes of these Terms.
If for any other reason you fail to be at the pickup point within a reasonable time after the scheduled collection time specified on your Voucher, the Transport Operator or our Customer Service team will try to contact you on the mobile telephone number you have provided.
If it is not possible to speak to you because you have not provided an operational mobile telephone number at the time of booking, you have no or poor connection, no signal, activated voicemail or the call is unanswered, the service will not be provided, the Transport Operator is immediately relieved of their obligations and a refund will not be due.
17. TRANSPORTATION SERVICES
We offer a range of services to which the Transport Operators have given their accord. These are private Transfer Services Limousine & Party Bus Transfers Services from Alicante airport.
The route to or from the destination chosen cannot be guaranteed and the Google drawn route map displayed on our website is for informational purposes only. Whilst reasonable effort is made to ensure that pickup times are respected, they are not guaranteed.
In the event that you are unable to locate the driver of your private transfer or the representative of the shuttle Transport Operator, it is your responsibility to contact us on the 24/7 telephone numbers printed on your Transfer Voucher. If you fail to call these numbers and make alternative travel arrangements, we will be unable to provide the service, the Transport Operator will be relieved of their obligations and a refund will not be due. If your private transfer driver or the representative of the shuttle Transport Operator cannot locate you, a member of our Customer Service team will call the mobile phone number provided in the booking. Please ensure that you travel with this mobile phone and that it is switched on while you are waiting for your luggage or clearing customs. If we cannot locate you or reach you on the number provided, we will be unable to provide the service and a refund will not be due. For non-airport collections, we must receive your telephone call within 10 minutes of your scheduled pickup time. An electronic record of all calls received to the 24/7 numbers is kept by a third party telecoms provider, and shall be used as proof in the event of a dispute as to whether the numbers were called or not. Unused transfers are not refundable and alternative transport costs will not be reimbursed unless pre-authorised by a member of our team. If authorised to take alternative transport, please ensure that you obtain a receipt and submit it to our Customer Care team for review. No payment will be due for travel expense claims submitted without valid receipts.
You are responsible for checking the agreed pickup time and for ensuring that you arrive at the airport, station or port with enough time to check in or make any other preparations for your journey.
The Transport Operator will pick you up and set you down as close as possible to the given addresses. In the event that access via a conventional route is closed due to weather conditions, road accidents etc., the Transport Operator will, at your express request, use a longer route to reach the agreed destination, but in such instances you may be liable for any additional costs.
All contracted transfer services fall within the scope of the public liability cover of the Transport Operator’s insurance policy or that of their sub-contractor.
Whilst we endeavour to provide SMS confirmation messages when requested, this service is dependent upon telephone networks that are beyond our control. If a text message is lost or delayed the Customer shall refer to information provided by email or in the My Booking section of our Website.
18. BAGGAGE ALLOWANCE / CAPACITY
For shuttle transfers, each passenger has a luggage entitlement of 1x bag or suitcase per person, maximum combined size of 158cm (length + width + height) and hand luggage, such as handbags & small bags. All luggage must be securely labelled with the owner’s name and destination address. We cannot be held responsible for locating lost luggage that was not correctly labelled.
Private transfer vehicles have luggage capacity of at least 1x bag or suitcase per passenger seat based on a maximum combined size of 158cm (length + width + height) per item. All luggage must be declared at the time of booking. Smaller items that fit in the passenger footwell, such as a camera case, handbag or small shoulder bag, do not need to be declared. The Passenger shall be liable for all expenses incurred should additional vehicles be required to transport non-declared excess luggage.
Your acceptance of the proposed Contract and its Terms and conditions is considered as tacit agreement that under no circumstances will you include in your luggage, nor carry on your person, any object in contravention with the legislation of the country in which the transfers will be offered (firearms etc), nor those likely to be injurious to any third party, nor any items of excessive size, weight, fragility or perishability. Unless you are travelling with a guide dog / assistance dog, animals are not allowed.
Transport of luggage and other belongings is undertaken solely at your risk and under no circumstances can we be held responsible for any loss or damage. Such risk of loss or damage should be the object of private insurance taken out by you prior to departure.
19. YOUR RESPONSIBILITY
By entering into this Contract you implicitly declare that: You are of legal age and in full use of your mental faculties thus enabling you to comply with all your legal responsibilities concerning this agreement. You are aware of the extent of the services which are the object of this contract, of the aforementioned information concerning us, of the content of these Terms and conditions. The credit or debit cards that you use belong to you and that there are sufficient funds to cover the cost of the service. You understand that you must notify us as soon as is reasonably possible of any alteration to the details that you have provided.
The services to be supplied are in accordance with the details specified in the Transfer SMS Voucher sent by text message. It is your responsibility to provide at the time of reservation full and accurate addresses for the pickup and destination points. It is therefore your responsibility to print out and check the Transfer Voucher for accuracy. If the details of the Transfer Voucher are incorrect you must contact our Customer Service Centre immediately to rectify these. Particular care should be taken when completing the reservation to ensure that all compulsory fields as indicated by an asterisk (*) have been filled in accurately. We are not liable for any reservations made which are impossible to carry out and you will not be reimbursed for such reservations.
You are solely responsible for carrying all documentation necessary for frontier crossing. We hereby refute all liability and refuse to incur any supplementary expenses caused by failure to carry these documents or by failure to observe customs, police, tax authorities or administrative rules of those countries where entry is required. The Transfer Voucher is not a valid documentation to obtain entry visas.
In the event of us having to pay a deposit or fine to the Authorities of other countries as a result of your failure to observe the laws, regulations, etc. or other travel requirements of those countries which you intend to enter, leave or pass through, you will be held solely responsible for reimbursing us, and we reserve the right to hold any of the monies already paid to us until you can provide proof of reimbursement of such fines, charges etc.
We reserve the right and you hereby authorise us to charge your credit or debit card for any damage incurred to the transfer vehicle (including without limitation specialist cleaning) or for any items that are missing when you leave.
We reserve the option not to accept future Bookings in the event of serious or repeated incidents involving any Customer.
20. RIGHT OF ADMITTANCE / USER CONDUCT
In entering into this contract you tacitly accord to us and the Transport Operator the right to refuse to transport any passenger who, at the driver’s discretion, may be under the influence of alcohol or drugs and those whose behaviour may be considered dangerous to the driver of the vehicle, to other passengers or to themselves.
No alcoholic drinks may be carried in the Transport Operator’s vehicles for the purpose of on-board consumption. This prohibition extends to narcotics.
Smoking is forbidden inside vehicles or the immediate vicinity.
Eating inside the vehicle is not allowed.
If the service you received from the Transport Operator does not meet your expectations, this must be immediately reported to our Customer Service Center and, if possible, at the moment the problem occurs. Complaints received after the transfer service has been completed and which were not brought to our attention at the time of the transfer may not be upheld as we were not given an opportunity to intervene or otherwise provide assistance. Our contact details are provided on your Transfer SMS Voucher.
Written complaints should be received no later than 28 days after your return date and sent by email to firstname.lastname@example.org
In the event that you wish to report an issue about our online booking process or our Customer Service Center, please address your complaint to email@example.com
Our Websites are available in multiple languages, and efforts will be made to include other languages in future. Our Customer Service help desk and email assistance in English and Spanish is available at all times, but we will try to offer you assistance in the language you used to make your booking whenever possible. Whilst we pay great attention to the quality of the translation of our Websites and Terms, in the event of any discrepancy the Spanish version shall prevail.
23. INTELLECTUAL PROPERTY RIGHTS
Copyrights, trademarks and other intellectual property rights of the websites have been granted under licence to the Company and are protected by national and international regulations governing intellectual property.
Use of our website content by third parties for any purpose other than booking transfers is prohibited, including the modification, subsequent publication and total or partial reproduction or representation of the same without our express consent.
Any unlawful use of our Website for any purpose whatsoever is strictly prohibited under all circumstances.
The total content of this Website is protected by both industrial and intellectual property rights and is exclusively owned by Benidorm Hoildays Ltd It is expressly prohibited to use the Website and its content, as well as databases and the software required for its display or operation, for any commercial purposes, except for in the cases where written consent has been given by Suntransfers.com.
The prohibited commercial uses include, but are not limited to:
The resale or redistribution of the Website, its content and/or its services through any other website. In particular, “web scraping” techniques to access the Website content.
The use of “deep linking” techniques that can confuse the user, for example “framing”, and/or ones that assume a wrongful or illicit exploitation of the BenidormTransfers.co.uk content.
24. GOVERNING LAW AND JURISDICTION
These General Conditions shall be governed by current Spanish law.
The contract agreed between the Company and you shall be governed in accordance with Spanish legislation.
Settlement of any disputes that may arise between you and us will be subject to Spanish jurisdiction in the courts of Barcelona.
The invalidity or unenforceability of any provisions of this Terms shall not affect the validity or enforceability of any other provision of this Terms, which shall remain in full force and effect.
The internet user accessing the BenidormTransfers.co.uk website does so anonymously and is not registered by us for any online service. The user remains anonymous throughout his search through all information on the Website, and at no point are his personal details registered for any online service.
We do, however, use user identifiers (cookies) on our websites to collect information on the website use, such as the server to which the user’s computer is connected, the browser type (e.g. Firefox or Internet Explorer) and how the potential customer became aware of Benidorm Hoildays Ltd We use such information solely to assist us in improving our marketing policies, and the personal details of the Internet user are not included in the data capture.
In response to a potential customer’s request for a transfer quote, we may ask the customer to provide personal details, including email address and credit card details for purposes such as correspondence, website registration, and eventual settlement of agreed charges. We may also use such details to contact the customer with offers which may be of interest. Once the interlocutor of our website becomes a customer, we may use the details provided during the booking process to offer appropriate future promotions and offers.
By entering into a contract with us, you tacitly authorise Benidorm Hoildays Ltd to use your personal information to carry out the requested service from Benidorm Transfers, to ensure accurate billing for the service, and to use the details provided to aid us in targeting further services of possible interest to you. Such offers would be sent to your email address and may be based on the information provided to us in the initial operation, in surveys, from information that may specify purchase preferences and lifestyle as well as information available from authorised external sources such as Transport Operators and marketing companies. These email offers come directly from us and are sent in a format which is compatible to the information recovered from the customer’s email address (HTML, enriched graphics etc.). The personal details captured are stored in automated files safeguarded by us. These records are declared to the Spanish Data Protection Office (Agencia Española de Protección de Datos). We may also use such information for the general purpose of measuring consumer response to and satisfaction in the services offered.
Although we do not divulge a customer’s email address to Transport Operators we may act as an intermediary by forwarding email offers from such third parties. In the event that an individual becomes a customer of such a third party then that third party Transport Operator might independently send the individual details of his promotions etc. Should an individual wish to cease receiving such emails he must contact the third party directly to this effect. Our objective is to facilitate receipt of a third party Transport Operator’s promotional information of specific interest to a customer, and such contact would be subject to the strictest controls concerning the security and confidentiality of customers’ personal details. A simple request by email to the Company would ensure the cessation of such activity if you so desired. Alternatively you can follow the procedure outlined on our website and on all offers sent by email.
In accordance with current legislation, we undertake to provide you with details of any personal information which may be held by us whenever requested. If you believe that the information held by us is in any way incorrect or incomplete, you should send a written notification to UK Head Office Benidorm Holidays Ltd, Benidorm House, 27 Gloucester St, London, WC1N 3AX. Such errors will be rectified at once by the Company. You may likewise send a written request for cancellation or to lodge an objection.
Your attention is hereby drawn to the fact that other Internet sites accessed through our website may have conditions of confidentiality which differ from those of this company. We hereby refute all liability with regard to the content or conditions included in any other linked or affiliated website.
Should we make any alterations to the company’s internet policy on customer confidentiality, such changes will be identified in these Terms, thus enabling you to be fully informed and in a position to react accordingly.
– LAST REVIEW DATE: 13/02/2018 –
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