1. THE HOLIDAY CONTRACT
(a) Your holiday contract is made between Roost DH Ltd. (company number 7885663) of Lynton House, 7-12 Tavistock Square, London WC1H 9BQ (“Roost DH” or “We/Us”) and all persons referred to on the booking confirmation (“You”).
(b) The person who receives the booking confirmation (the group leader) does so as agent for all persons referred to on it, and by receiving it grants that s/he has authority to receive it on behalf of all persons referred to on the booking form and acknowledges that these terms and conditions apply to all such persons.
(c) When an enquiry email is sent to Roost DH this constitutes an offer to purchase the facilities and services specified in the body of the enquiry email.
(d) No contract comes into effect until that offer is accepted by Roost DH which is only when the booking confirmation is received by you. No booking confirmation will be sent to you unless all necessary deposits have been paid and Roost DH is satisfied that all relevant persons are covered by appropriate activity insurance. You should note that it is agreed that no contract comes into effect until the booking confirmation is received and in particular there is no contract following a telephone “booking”.
(e) The holiday contract is for the provision of the facilities and services itemized on the booking confirmation
(f) It is your responsibility to check that the details set out on the booking confirmation are correct and to notify Roost DH as soon as is practicable in the event that the details are incorrect.
(g) This holiday contract does not include any facilities, services, activities or excursions that you book and pay for after receipt of the booking confirmation (“additional activities”). These additional activities are provided by separate contracts but care should be taken to note at the time additional activities are booked who it is that is agreeing to provide you with such additional activities, This
will not always be Roost DH.
2. PRICES AND DEPOSITS
(a) Prices we advertise are accurate at the date published, but we reserve the right to change prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking.
(b) We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date. We will forward an amendment invoice reflecting any changes made.
(c) After a booking confirmation has been sent to you, any increase to your holiday price will only be as the result of changes in our costs of supplying your holiday resulting from transportation charges, fuel, currency fluctuations or government action. If the increase would be 2% or less of the holiday price shown on your booking confirmation , we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge.
(d) Please note as set out in paragraph 1 above that no contract comes into effect until the booking confirmation is received by you. This will not happen if you do not pay any required deposit. For weekly customers we require a deposit of 150 Euros per person.
(e) Unless the payment information on your booking confirmation makes specific alternative provision (in which case it is that information which applies) payment of any balance due for cost of the holiday must be made at least 2 months before the holiday departure date. If the booking is made 2 or fewer months before the departure date then the holiday must be paid for in full at the time of booking.
(f) Any failure to pay a required deposit or balance as required by these terms and conditions or as specified on your booking confirmation will be treated as an automatic cancellation by you (on behalf of all persons referred to on the booking form) of the holiday contract.
(g) In the event of an automatic cancellation within (f) above any deposit paid is not refundable and you may be liable to pay some or all of the balance due on the price of the holiday.
(h) The person who booking confirmation is responsible for ensuring that the whole holiday price (including any deposits) is paid when required.
(a) It is a condition of your holiday contract that you have adequate insurance cover, and it is your responsibility to ensure that you and all the persons referred to on the booking form have adequate and specialist insurance to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise including insurance for injury, loss and damage you may cause as a result of your holiday activities.
(b) Please remember that ordinary travel insurance does not usually cover vigorous or potentially dangerous activities including (but not limited to) skiing, snow-boarding, climbing, mountain biking, sailing, windsurfing, cycling, watersports and other activities and sports.
(c) Where you have or intend to hire, borrow or use equipment during your holiday, it is a condition of this contract that you carry adequate insurance cover in the event that your use of equipment causes damage to the equipment, other persons or their property. Please see clause 11 for further details.
(d) Because of the active nature of Roost DH holidays we reserve the right to refuse any customer access to any activity in respect of which we are not satisfied there is proper insurance cover.
4. CHANGES /CANCELLATIONS BY US
(a) Our holidays are planned far in advance therefore it is sometimes necessary or prudent for us to make changes either before or after the holiday contract is made and we reserve the right to do so. Occasionally it is necessary or prudent for us to make major changes and even to cancel the holiday.
(b) Unless any changes made are major changes or the holiday is cancelled you agree that you are not entitled to compensation.
(c) A major change is one made before departure that involves downgrading your accommodation for a significant proportion the holiday; the withdrawal of a significant proportion of the facilities or services included as part of your holiday.
(d) Where a cancellation or major change is notified to you, you have the right to withdraw from the contract and receive a refund of all sums paid by you in respect of the holiday, or alternatively you may take any substitute holiday we are able to offer you of at least equivalent standard. If a holiday of equivalent standard cannot be offered to you, you are entitled to accept a holiday of a lower
standard plus the difference in price between the original holiday and that offered as an alternative.
(e) In addition where the holiday is subject to major changes by us or is cancelled you will be entitled to the following compensation which you agree reflects a reasonable assessment of the inconvenience and any expenses the major change or cancellation will cause you.
|Change /Cancellation Period||Compensation pp|
|More than 70 days pre-departure||£Nil|
|Less than 14 days||£70|
(f) Even where there is a cancellation or major change by us you are not entitled to compensation where this is the result of unusual or unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised or where the holiday has been cancelled because the number of persons agreeing to take it is fewer than any advertised minimum number required to take the holiday.
(g) There are no circumstances (including our negligence) in which we are liable for any consequential losses whatsoever such as (but not limited to) losses of holiday entitlement, loss of earnings, or the cost of onward flights or other transport or activity arrangements.
5. CHANGES OR CANCELLATION BY YOU
(a) Subject to the special rules for extras in clause (g) below, if you cancel your holiday the following sums remain due to us. This is because we will have made arrangements for you and incurred expenses as a result. Whilst we may be able to re-sell your holiday you recognize that we would have been able to sell any subsequent purchaser a holiday irrespective of your cancellation in addition to your holiday.
|Cancellation Period||Balance due to us|
|More than 120 days pre-departure||Loss of deposits|
|119 – 70 days||30% of holiday cost or the
loss of the deposit,
whichever is the greater sum
|69 – 42 days||50% of holiday cost or the
loss of deposit, whichever is
the greater sum.
|41 – 14 days||80% of holiday cost|
|Less than 14 days||The full holiday cost (including extras)|
(b) Any cancellation must be notified to us by email from the group leader. Telephone cancellations are not accepted.
(c) You may request that changes be made to your holiday at any time. We will try our best to accommodate such requests but cannot guarantee that we will be able to do so. Requests for changes should be made by email by the person who received the booking confirmation.
(d) If we are not able to accommodate a request for changes the holiday contract remains in place unless and until cancelled by you.
(e) If we are able to accommodate the requested changes we will notify you by sending you an amended booking confirmation and the holiday will be priced as of the date of the amended booking confirmation which will be substituted for that referred to in clause 1 above. However, cancellation charges are to be calculated from the date of the original booking confirmation.
(f) Special rules apply to the cancellation of extras such as pre-paid equipment hire, activities & lift passes. Any cancellation of extras within 14 days of departure is subject to a 100% charge. Cancellation between 14 & 28 days pre-departure is subject to a 30% charge. Refunds are not available in respect of extras that are booked but not used.
6. OUR LIABILITY
(a) Subject to clause 9 below we accept liability (including liability for injury, illness and death) only for the proper performance of your holiday contract.
(b) Proper performance of your holiday contract means that the facilities and services itemized on your booking confirmation are provided with reasonable skill and care.
(c) The standard of reasonable skill and care is the standard applicable in the place where the holiday takes place and where you are not able to show that the standard of facilities or services falls below the level required by local regulations, custom and practice you accept that there has been no failure to comply with that local standard.
(d) Standards of accommodation, facilities and safety in general are invariably different and often lower abroad than they are in the UK. It is the standard prevailing at the place where the holiday takes place that is the measure of reasonable care for a Roost DH holiday.
(e) We are responsible for making sure that each part of the holiday you book with us which is itemised in the booking confirmation is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of the holiday itemised in the booking confirmation is not provided as described and this spoils your holiday, we will pay you appropriate
compensation (subject to paragraphs 6(f), 6(g) and 6(h) of the terms and conditions).
(f) We have no liability in respect of anything that happens (including injury, illness or death unless in these instances the cause is the direct negligence of Roost DH or its employees) outside the scope of this holiday contract and in particular there is no liability under this contract for accidents or complaints arising out of the performance of excursions or activities that do not form part of the pre-arranged holiday you book before your departure. We are not liable for the standards of public services provided by or for municipal, state or other government authorities in the place where the holiday takes place.
(g) Even where liability might otherwise arise it is accepted that there is none where the cause of the injury, illness, death or other loss and/or damage is the result of any customer’s own fault; the fault of some person unconnected with the provision of the facilities and services within the scope of this contract or arises due to unusual and unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if reasonable care had been exercised or an event which we or our suppliers or subcontractors could not have foreseen or forestalled even with the exercise of reasonable care.
(h) Unless caused by our direct negligence we do not accept liability for any loss or damage to any sports or other equipment of any kind including (but not limited to) bicycles. Care of all equipment (including anti-theft and anti-vandalism precautions) is your responsibility.
(i) Equipment to hire, use or borrow is subject always to availability. Equipment can become unavailable at short notice due to breakages, maintenance requirements and fluctuation in demand. It is not possible for us to guarantee the availability of specific equipment for hire in advance of your arrival at the holiday location.
7. LIMITATION OF LIABILITY
(a) Except where personal injury or death results the maximum limit of our liability for failing to properly perform your holiday contract (including negligent and deliberate failures on the part of ourselves, our servants, agents, suppliers and subcontractors) is twice the total base holiday cost as set out on the booking confirmation
(b) We do not have any liability to you for any delay which may arise as a result of schedule alterations with your flights/transport to Malaga
8. BEHAVIOUR – DAMAGE
You agree on your own behalf and on behalf of all persons referred to on the booking confirmation that:
(a) Every such person will at all times and for all purposes relevant to your holiday arrangements act with reasonable care and refrain from all forms of anti-social behaviour.
(b) You will indemnify and keep indemnified Roost DH against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Roost DH may suffer or incur as a result of entering into his holiday contract with you or as a result of you occupying the holiday accommodation, including (but not limited to) any damage to the accommodation, its fixtures &
fittings & contents.
(c) You are responsible for the behaviour of all children under the age of 18 named on your booking form. In the event that we, or any of our suppliers believes that a child in your party is acting in a manner which could upset, annoy, disturb or put at risk any other passenger, customer, supplier or member of staff, we may, in our complete discretion terminate your holiday in accordance
with clause 8(d), alternatively, impose terms or limits on members of your party from participating in activities or use of facilities, whether provided by us, our suppliers or third parties.
(d) In the event of us having reasonable cause to believe that there has been any anti-social behaviour on the part of any person named on the booking confirmation we have the unfettered right to terminate all further performance of this contract, including your right to remain in any accommodation and we shall have no liability whatsoever to pay compensation or make any refunds or make alternative accommodation or transport arrangements.
(e) You agree that any accommodation provided pursuant to this contract is only for the use and enjoyment of the persons referred to on the booking confirmation. You may not allow any other person to stay there.
(f) Roost DH and the owners and managers of the accommodation in which you stay have the right to enter any holiday accommodation at such times and for such purposes (including but not limited to inspection, cleaning & repairs) as may be reasonable in the circumstances
9. AGENCY AND NON-PACKAGE ARRANGEMENTS
(a) If you book arrangements, excursions or activities that are not itemized in your booking confirmation those arrangements, excursions and activities (“additional activities”) do not form part of this contract.
(b) Any contract you make for additional activities is a separate contract made between you and the other party to that contract (the additional activities contract).
(c) Roost DH as an agent may be able to help you make arrangements for additional activities either before or after your departure or you may discover information about them whilst staying in accommodation or enjoying services or facilities forming part of this contract. However, in these circumstances Roost DH is not (unless the contrary expressly appears from the contract for the provision of additional activities) the other party to the additional activities contract and is not liable for any services or facilities provided pursuant to the additional activities contract neither does Roost DH accept any responsibility for the contents of any information given about such additional activities or the quality or sufficiency of any services or facilities delivered or offered as part of an additional activities contract.
(d) A contract for additional activities (other than where Roost DH is the other party thereto) will be governed by the law of the place where the contract is made and be subject to the jurisdiction of the courts of the place where the additional activities are undertaken.
(e) In the event that Roost DH is the other party to the additional activities contract these terms and conditions shall apply to the additional activities in the same way as they apply to the contract for the provision of the facilities and services itemized in the booking confirmation.
(a) In the unlikely event that you have a complaint about the facilities and services forming part of this contract you must tell us as soon as possible whilst you are still on holiday so that we may assess your complaint and take such action to address it as is justifiable in all the circumstances.
(b) In addition you must put any complaint in writing as soon as you return home and in any event so that it reaches us within 28 days of your return so that we might be in a position to make reasonable enquiries about it.
(c) Because it is difficult for us to investigate complaints after the passage of time you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing at the address in clause 1 within 28 days beginning on the day of your return to the UK, Roost DH shall not be liable to pay any compensation in respect of such complaint.
11. TAKE CONTROL
It is your responsibility not ours:
(a) to check that tickets, vouchers and travelers match and that every person on the booking form has appropriate travel documentation (including valid passports & visas), photo-identification and insurance so that each person referred to on the booking form is
entitled to enter the country where the holiday is to take place;
(b) to check that the details on the booking confirmation (including any extras such as lift passes & activities) reflect what you wanted to book;
(c) to ensure that everyone is at the right airport in time to check-in and that transfer transport used from airport to accommodation and back will arrive in sufficient time;
(d) to look after your own baggage & equipment & ensure that you are carrying no more than the permitted allowance;
(e) to take care of the accommodation in which you stay and any equipment you hire or borrow during your holiday and in particular to take reasonable care to avoid being the cause of any accident during the course of your holiday activities;
(f) to ensure that any equipment you use whether hired, borrowed or your own (irrespective of whether it is supplied as part of this contract) is suitable and sufficient for your purposes. In hiring, lending or allowing you to use equipment we and our suppliers do not take any responsibility to assess your experience, ability or suitability to use the equipment or to advise you whether the
equipment is suitable or appropriate for you or your needs. It is also your responsibility to ensure that equipment is in good condition & working order and to report any concerns you have about any malfunction or fault immediately to the supplier;
(g) you are responsible for any damage to or theft or loss of any equipment hired or borrowed during your holiday as well as damage you cause to other persons or their property or equipment and you will indemnify Roost DH against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Roost DH may suffer or incur as a result of you or any
person on the booking form causing injury, loss or damage to other persons or property.
(h) It is a condition of hiring, borrowing or use of any equipment during your holiday that you carry adequate insurance cover against the risk that as a result of your use of equipment you cause damage either to the equipment or to other persons and/or their property. Please see Clause 3 for further details regarding insurance.
(i) to provide us with your detailed and accurate contact information so that we can keep you informed about your holiday plans;
(j) to make your room allocation requests or preferences clear to reduce the risk of errors;
(k) to provide clear and detailed information to us if any child undertaking any of our holiday activities suffers form any allergy, illness or disability;
(l) to recognize that many holiday activities are vigorous & adventurous and/or involve some incidental risk of injury & it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities. In particular if you are travelling with children they remain your responsibility and you should exercise care in deciding whether your children are capable of undertaking the activities that are selected for or by them. Our local staff and suppliers are not teachers or child minders and are not to be considered in loco parentis;
(m) to inform any guide, supervisor, representative or instructor immediately in the event that you consider any activity to be unsafe or inappropriate for yourself or any other person participating.
12. LAW AND JURISDICTION
(a) This contract is governed by the law of England and Wales.
(b) The Courts of England and Wales shall have exclusive jurisdiction in respect of all claims and disputes or whatever nature arising out of the provision of the contract facilities and services and the interpretation of this contract.
(c) Clause (b) above shall not apply in the case of customers who are domiciled in Scotland and Northern Ireland who may elect to bring proceedings in the courts of the country of their own domicile.