Terms & Conditions 2008

Your holiday contract is made with Siblu Europe Ltd (“The Company”) or (“We”) and is made upon The Company’s acceptance of the contract, ie. when our Confirmation Invoice has been issued to you by post. You accept these terms on behalf of all members of your party. Our contract is subject to the Booking Conditions and the provisions contained in the General Information and How to Book sections of the brochure and such other terms (such as qualifying dates) that appear elsewhere in the brochure. It is important to note that our offers cannot be used in conjunction with any other non-brochure or third party offers/partner deals.

1 behaviour and regulations We reserve the right to terminate the contract of any guest(s) whose party make-up or behaviour, in the opinion of the site or The Company’s management, interferes or may interfere with the general comfort of other guests or contravenes campsite regulations, a copy of which can be obtained from the site reception. In this event no refunds will be made.

2 infectious or contagious diseases In order to protect our guests and staff, anyone found to have such a condition may be requested to leave the site. In such an event no refund is possible.

3 the price of your holiday
We, and your transport provider – see paragraph 7, reserve the right to raise or lower our prices at anytime before our confirmation of your booking whether via a subsequent brochure or any other communication.

The price of your holiday can be varied due to changes in the following items: Government actions such as increases in VAT or any other Government imposed increases in the UK or any other country in which The Company provides holidays, currency in relation to adverse exchange rate variations. In the case of any small variation, i.e. an amount not exceeding 2% of the price of your holiday, which excludes insurance premiums and any amendment charges, will be absorbed or retained by The Company. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount to cover travel agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your holiday, you may cancel your holiday and receive a full refund of all monies paid, except for any
amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the date of issue printed on your Final Invoice. Whether you cancel or not you will also be entitled, on terms set out in respect of major changes in paragraph 6.3 below. Please note that certain holiday elements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual or other protection in place.

For the terms under which your transport provider may vary his prices you may contact us at the following number 0871 911 2288 as your transport provider’s agent.

4 if you want to change your confirmed holiday Due to the extra amount of work involved, an amendment fee of £35 will be charged for each amendment or change to a confirmed holiday booking, plus any extra cost of the new reservation made or applicable third party charges. For amendments made within 8 weeks of the holiday start date, cancellation charges will apply.

5 if you cancel your booking It may be necessary to cancel your holiday due to illness, accident or change of circumstances. If you have taken insurance, payments arising from the cancellation will be covered in most cases. As soon as you know that you need to cancel, call the Administration Department on 0871 911 8888 (calls charged at standard national rate), or see your travel agent. Cancellation charges are calculated as follows:

period of notice	cancellation charge (% of total holiday cost)
more than 56 days	loss of deposit and insurance premium
28-55 days	50%
14-27 days	90%
less than 14 days	100%

If you amend or cancel a holiday, we reserve the right to charge you for any extra charges invoiced to us by third party suppliers. (Please contact The Company on 0871 911 8888 for details of charges that would apply). At the very least you will lose any additional deposit paid. This is in addition to the standard cancellation charges specified above.

If you have not arrived by 10am on the morning after your holiday was due to commence on any particular parc or contacted the parc concerned to confirm when you will arrive, we will assume that the holiday is cancelled and the total cost and the insurance premium will be forfeited.

5.1 credit card charge A charge of 2% will be added to all credit card transactions (there will be no charge for debit card transactions).

5.2 insurance Insurance premiums are payable at time of booking and are non-refundable on cancellation of your holiday.

5.3 theme parks The Company cannot be held responsible if certain rides/ attractions at any theme park are not in operation. Entrance to the theme parks cannot be guaranteed. Tickets are non-refundable and must be paid in full at the time of booking.

5.4 visiting more than one parc during your holiday You can visit more than one parc during your holiday, but please note that the gap between leaving one parc and arriving at another must not be more than 3 days.  In all cases, your multi-centre holiday may not include a return to the UK before travelling to the next destination. 

6 changes to your holiday

6.1 if we make any major alterations to your holiday booking

We try very hard to provide all facilities and entertainment as advertised in our brochure. It may however be necessary to make some alterations in advance of your holiday. If such a change is necessary, we will endeavour to advise you, or your travel agent as soon as possible, and give you the options in paragraph 6.3.

6.2 if we change or cancel your holiday booking We will try very hard not to change the date or cancel your booking, but in exceptional circumstances, this may be necessary. Reasons for this may include (but are not limited to) the minimum number of bookings required not being achieved, or are in our view unlikely to be achieved, or due to your chosen accommodation at the parc not being available. We will inform you of the change of date or cancellation as soon as possible and give you the options listed in paragraph 6.3.

6.3 if we make a major change or cancel your booking If we cancel your holiday or make substantial changes, we will notify you or your travel agent as soon as possible and offer you a choice of:
a) a replacement holiday at least comparable to the standard booked or
b) a replacement holiday together with the difference in price between the replacement holiday and the holiday booked or
c) a full refund
In addition to the above, after full payment has been made, and
providing it does not arise from circumstances amounting to force majeure (see paragraph 6.4 for details), we will also pay you the following compensation by way of liquidated damages:
i) If after full payment but more than 14 days before intended departure - £25 per booking.
ii) If after full payment but within 14 days before intended departure - £50 per booking.
iii) If after full payment and whilst en route to your holiday destination - £75 per booking.

6.4 force majeure Occasionally, The Company may have to cancel or make substantial change(s) to your holiday, for reasons beyond our control, known as force majeure. This includes (but not limited to) war or threat of war, terrorist activity and its consequences, industrial dispute, strike action, riot, fire, natural or nuclear disaster, adverse weather conditions, closure, blockages or congestion of ports, ferries or tunnel, fuel shortages, technical problems relating to transportation or any other unusual or unforeseeable event.

6.5 minor alterations by us Minor alterations such as withdrawal of certain amenities, facilities, activities or entertainment for reasons beyond our control may be made without any obligation or liability. Should changes occur, we will endeavour to advise of these changes where made prior to booking and will use reasonable endeavours to advise guests already booked of any changes made thereafter.

7 transport – air, sea and rail carriers

7.1 The Company arranges your transport, ferry etc, as agent on behalf of the transport operator. Your contract for the provision of transport is with the transport operator and is subject to International Conventions and conditions of carriage which limit or exclude liability. The Company as agent of the transport operator can provide details of these conditions on request. The Company has taken reasonable care to ensure that the transport operators are reputable, safe and efficient businesses. If The Company is made aware of any changes to your transport arrangements, or significant delays, The Company will contact you. You may be able to claim against the transport operator for any such delays under the terms of your insurance.

7.2 The cross channel ferry operators, Eurotunnel, Motorail, airlines, car hire and hotel operators, and the owners of sites not owned by Siblu Europe Ltd do not assume any responsibility for the contents of The Company’s brochure or
any other publicity that we may produce.

8 the company’s commitment to you We accept liability for the proper performance of the holiday sold to you. We provide accommodation on the sites and contract for the provision of other services through suppliers who we have taken reasonable care to ensure are reputable, safe and efficient businesses. We will monitor and control the performance of our suppliers and judge their performance against the customary standards in the country where the services are provided. We will pay reasonable compensation for failures on the part of those suppliers. We will further accept liability for claims of personal injury arising as a result of the proven negligent acts or omissions of our staff and suppliers whilst acting within the scope of or in the course of their employment or contract. If our suppliers are able to exclude or limit liability by virtue of any international convention, we will claim the benefit of that exclusion or limitation. We will accordingly pay to you such damages as might have been awarded in circumstances under English law. You may also ask for copies of the relevant conditions of carriage from our offices which we will provide you with as agent for the transport provider.

We cannot accept liability in the following circumstances:

(i) if the failure or improper performance is your fault or the fault of any member of your party.
(ii) if the failure is the fault of someone else not connected with the provision of the services which make up the holiday which we have confirmed to you.
(iii) any unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
(iv) any event which neither we or the supplier of any service, even with all due care, could not foresee or forestall.

9 liabilities For all claims, other than death or personal injury, which result from the non-performance or improper performance of the contract by The Company, liability to each claimant is limited to twice the total invoiced cost of the holiday (less travel and insurance costs) divided by the number of guests in the party. The maximum applies where the full holiday period is not taken and in other circumstances we will pay you a proportion commensurate with all the relevant circumstances. We shall not be responsible for damages or compensation in circumstances of force majeure. If any customer suffers personal injury, including illness or death, during the period of the holiday arising out of any activity which does not form part of the holiday arrangements, as a result of the actions of a third party, we will provide every assistance to you.

At our discretion, this assistance may include advice, guidance and initial financial assistance where appropriate, including what may be necessary to take legal action in a foreign country, up to a limit of £5,000 per booking. Financial assistance to take legal action may be given to you whilst on holiday or your return to the UK provided that you notify us in writing of your intention to pursue a claim within 90 days of your return from holiday.

9.1 Compensation will only be payable under paragraphs 8 and 9 if:
(i) you comply with our conditions in paragraph 20 entitled ‘if you have a complaint’.
(ii) we receive notification in writing of the claim within 90 days of your return from holiday.
(iii) you assign to The Company any rights which you may have against the supplier or any other person relating to the claim.
(iv) you agree to co-operate fully with us if we or our insurers
wish to enforce those rights which have been assigned to us.

10 the holiday contract The contract is made on the terms of these booking conditions, which are governed by English Law and the jurisdiction of the English courts.

11 great family holidays Siblu Europe Ltd’s holidays are intended mainly for the family. We are therefore sorry that we cannot accept any single sex parties under the age of 21. Parties of young people are accepted only at The Company’s discretion.

12 special requests All requests must be confirmed in writing at the time of booking. Special requests such as adjacent accommodation cannot be made a condition of your booking as they are always subject to availability and cannot be guaranteed.

13 Bubbles, Club Pirates & Barracudas Whilst we are happy to provide these activities, they are not a child care facility. Please note that at all times the safety of children is the responsibility of their parents or guardians. It is of course important that you always know where your children are and the times that the clubs start and finish, so that you can meet up with them. Please note that there may be times when due to illness or other unforeseen circumstances, the children’s club sessions may have to be cancelled.

14 equipment damage waiver In order to maintain a high standard of equipment in all of our accommodation, a £15 non-refundable equipment damage waiver is chargeable on all holiday bookings. This £15 fee will exempt you from paying a £130 equipment deposit on arrival and will cover the cost of any accidental damage to the accommodation, furnishings and fittings.

15 use of your accommodation Only those people notified at time of booking can occupy your accommodation and use the facilities of the site.

16 availability of facilities The individual site pages show the dates on which the site is open, as well as the opening and closing dates of facilities such as outdoor swimming pools, shops and services where we have been advised of these by the owner. In making a holiday booking, you agree that the provision and price of site facilities is subject to the discretion of the site owners and that these may be restricted or unavailable outside the months of July and August.

It is possible that in some circumstances, accommodation or a facility may have to be temporarily withdrawn at any time due to maintenance, renovation, adverse weather conditions, changes in government legislation, or any other factor outside our control. For example, planned entertainment may be changed or cancelled or during the low season the pool may be closed.

17 cars and second cars Only one car per unit booked is permitted. On some sites, cars are not allowed on the emplacement and you are required to park in a site owned car park. At certain sites, second cars are
allowed, but a charge for parking will be made when you arrive, eg. El Delfin Verde currently charge up to 13 euros per night. Details available on request. Pitches are generally only able to accommodate one car.

18 brochure accuracy The Company takes every care to ensure that the information and prices in this brochure are accurate but at times there may be circumstances which dictate otherwise. Photographs taken at the sites featured and layout plans are intended for guidance only.

19 reproduction of brochure No party shall be allowed to reproduce any of the contents of this brochure (including photography) without the written permission of The Company or any other copyright owner.

20 customer service charter We look after our customers and our aim is to provide the highest quality service and facilities, but we recognise that occasionally things may go wrong.
• We actively encourage you to tell us during your holiday if
you experience a problem
• We endeavour to solve any problem as soon as possible so that you can continue an enjoyable holiday
• If the problem is still not resolved to your satisfaction upon
your return home we welcome your written comments to:

The Customer Relations Manager at our head office within 28 days and promise the following
• We will acknowledge your letter within five days of receipt
• We will conduct a full investigation and reply within 28 days of receipt

In relation to transport we will, as your agent, contact your transport provider on your behalf.

21 if you have a complaint If a problem or complaint should arise during your holiday with us, you are asked to bring it to the attention of our Representative on site so that it can be remedied for you. Claims may be reduced or rejected if we have not been given the opportunity to put matters right. If you notify a complaint on your return from holiday please write to our Customer Services Department at Siblu Europe Ltd, Bryanston Court, Selden Hill, Hemel Hempstead, HP2 4TN, as soon as possible so that The Company can carry out an investigation. Disputes arising out of, or in connection with, this contract, or your contract with your transport provider, which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details can be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £15,000 per holiday contract. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Settlement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside of this time limit arbitration under the scheme may still be available if The Company, or your transport provider agree, but the ABTA code does not require such agreement.

Any complaints, received by us arising from any services provided by your transport provider will be forwarded onto them by ourselves acting as your agent.

22 if you have a compliment If you enjoyed your holiday, we would like to hear from you! Your comments encourage us to focus more on what we do right, as well as motivating our team to exceed expectations. Please write to our Customer Services Department at Siblu Europe Ltd, Bryanston Court, Selden Hill, Hemel Hempstead, Herts HP2 4TN

23 quotations While our Reservations Staff will always try to give accurate responses to telephone enquiries and bookings, we cannot
accept responsibility for such information unless it is confirmed by us in writing and signed by a duly authorised member of staff.