Touring and Camping Terms & Conditions
Important information and our Touring and Camping terms and conditions
Section A: All Bookings
This section applies to all bookings you make with Parkdean Resorts UK Limited.
1. Who your agreement is with. When you book your holiday your agreement will be with Parkdean Resorts UK Limited (“Parkdean Resorts”, “we”, “us”, “our”). See the bottom of clause 43 for further details. Please read these terms carefully as they set out our respective rights and obligations. In these terms, references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Our obligations to you will vary depending on the type of booking you make with us. You can make a booking for a pitch only or you can make a booking for a pitch, plus additional travel services such as a ferry crossing (a Package booking). Where you make a Package booking, additional terms apply to your booking.
Section A contains the terms which apply to all bookings you make with us (both pitch only and Package bookings) and Section B contains the additional terms which apply only when you make a Package booking with us, as well as a full explanation about which bookings are treated as Packages.
To book your break
2. The agreement. There will be a contract between you and Parkdean Resorts, when we send you a booking confirmation. These terms are part of your contract with us. The person making the booking accepts the contract on behalf of all members of your party and is responsible for making sure they accept the contract; and accepts financial responsibility for payment of the booking on behalf of all members of the party. We can’t accept bookings from anyone under the age of 18.
3. If you book more than 10 weeks ahead. When you book your holiday you will need to pay a deposit. The standard deposit to secure your booking is calculated based on the holiday value as set up below.
We sometimes offer a discounted deposit in which case you may need to pay a top up deposit. Any top up deposit must be paid on the date stated on your booking confirmation. The balance of your holiday must be paid 10 weeks before the start of your holiday. Details of any top up deposit and the balance payable will be in the booking confirmation. If you do not pay a top up deposit or the balance for your holiday when it is due, we may treat your holiday as cancelled. Any cancellation will be subject to the cancellation terms set out in clause 37.
4. If you book less than 10 weeks ahead. You must pay the full amount of the holiday at the time of booking. Payment can be made online or by telephone.
5. Special offers. To claim any special offers, discounts and promotional codes please tell us when you book. If you don’t, we’re sorry we can’t honour these. All discounts, special offers and promotional codes are subject to availability.
6. Who’s in your party. When you book you need to give the names and ages of everyone in your party.
7. VISOR. We do not accept bookings from or allow anyone to stay on a holiday park who is or has been listed on the Violent and Sex Offenders Register (or any register which supersedes this), or anyone who is subject to a Sexual Risk Order, Child Abduction Notice or any similar order, court proceedings or register. By making a booking, you are confirming that no one in your party is or has been on any such register, subject to any such order or otherwise the subject of any such court proceedings. If we do cancel your booking under this clause you will be subject to the cancellation terms set out in clause 37.
The price of your holiday and what it includes
8. Prices.All prices in this brochure are current at 1st February 2021 and are subject to change so could increase or decrease. The most up to date prices for pitches are on our website. The price confirmed when you book is the final price and will not change unless you alter your booking*. All prices include VAT and insurance premium tax (where applicable) at the rates at 1st February 2020. If the rates increase after that date, prices may change to reflect the increase. Please note there is a maximum of 28 days permitted per touring booking. Please contact us on 0344 335 3498 if you would like to enquire about a pitch for a longer period. It may be possible to select your pitch location for an additional charge – please call us on 0344 335 3498.
*Where you have booked a Package, additional terms apply. Please see clause 48 for further information.
9. Pets. Except for registered assistance dogs, there is a charge per week or part of a week per pet. Charges vary by park and date so please check when you book. Maximum of 2 pets per pitch.
10. Entertainment Passes. Entertainment passes are included for all holidaymakers named on the booking for all direct bookings. These provide access to the park’s facilities and entertainment.
What you need to know before you book
11. Guests with additional needs and requirements. Some pitches and parks may not be suitable for wheelchairs or people with mobility difficulties. If you or one of your party have any additional needs or requirements please tell us about this before you book so we can try to ensure the pitch location and park are suitable for you. We rely on the information you provide to allow us to anticipate and satisfy your needs, so if anything changes you need to let us know. We will try to accommodate any special requirements but can’t guarantee this.
12. Groups. As our parks are family holiday parks, we do not allow “party” groups including stag and hen parties. Family and friends who live at the same address or know each other or who travel together will be considered as making a group booking even if they have made separate bookings. Because of the family nature of our holiday parks there are additional restrictions on group bookings at certain times including over the festive period and peak season so please call our sales centre to ask about these. Due to the popularity of the festive period and peak season we may restrict bookings to past customers. Group bookings (whether made by 1 person or a number of people) of 5 or more pitches or where there are 20 or more people in the party must be made through our sales centre by calling them on 0344 335 3430. If this is not done we will cancel any bookings which are part of a group booking. If you want to make a large group booking of 19 or more touring and camping pitches please call our groups team on 0330 1234 987. We’ll only accept group bookings if you tell us about them and give us the names and addresses of everyone in your group before you book. The lead booker for a group is responsible for the conduct of the other members of the group and for ensuring they comply with these terms and conditions. We may require the lead booker to provide a deposit as security in the event of any damage by any member of the group.
13. Holiday use. As our parks are holiday parks we don’t accept bookings if you want to stay for work or use the park as a base to travel to work or for residential use. All adults booked must appear on the electoral roll at the address given when booking or provide other evidence of their permanent address such as a utility bill if requested. You agree that if you fail to provide that evidence to us if requested before your holiday starts or immediately if your holiday has already started, we will cancel your booking. If we do cancel your booking under this clause you will be subject to the cancellation terms set out in clause 37.
14. Pets. Most dogs are welcome at our parks (except at Vauxhall and touring pitches at Ruda). A maximum of two dogs are permitted per booking. Some breeds of dog, including those listed in the Dangerous Dog Act are not allowed so check with us when you book. Please enquire before you book whether other pets are allowed. We accept registered assistance dogs in all areas of our parks.
Please note, there are restrictions regarding when you can take your dogs onto beaches, as well as which parts of the beach you can take your dogs onto. Dogs are not allowed on the beach at Ruda.
15. Isle of Wight ferry. We use Wightlink Limited (“Wightlink”) as the operator for all ferry travel booked through us. We will try and accommodate your preferred crossing time. However during busy periods this may not be possible. Any amendments which you make, such as a change of car registration, will be subject to a £20 administration fee and should be paid to Parkdean Resorts. Any requests can be sent to [email protected]. By booking a ferry to the Isle of Wight through us, you agree to us sharing your name, passenger reference number, mobile phone number, age of passengers, email address and vehicle registration in order for Wightlink, the ferry operator, to complete your booking. Wightlink may use these details to contact you with relevant service updates (e.g. any change to scheduled crossing times) in relation to your ferry booking. For live crossing updates, including delays, we advise you to check directly with Wightlink at www.wightlink.co.uk/updates. Additional terms apply where you have booked your ferry travel as part of a Package. Please see section B.
When you arrive
16. Who’s in your party. Only those people on your booking can occupy your pitch and anyone not named on your booking will be asked to leave the park. In these circumstances no refund or compensation will be given. You must bring ID with you as you may be asked for this on arrival or during your stay.
17. Numbers in your party. The total number in your party (including children and babies) must not exceed the maximum capacity of the pitch advertised in this brochure or online. We may refuse holiday bookings for single occupancy.
18. Check-in times. Your pitch will be available from 2pm on your arrival day. If you think you may arrive after 7pm please let us know. If your pitch is not occupied by 10am on the day after your arrival day and you haven’t told us you will be arriving late, we will treat your booking as cancelled and may re-let the pitch.
When you're on holiday
19. Children. All children must be supervised by parents or another responsible adult throughout the holiday. Where we have children’s clubs, special programmes of events and other facilities for children these are not childcare facilities and children remain the responsibility of their parents or guardians at all times. Please make sure you always know where your children are.
20. No smoking. It is against the law to smoke in buildings open to the public and we provide outdoor smoking areas. E-cigarettes are not permitted in our facilities, entertainment complex, bar or restaurants.
21. Pets. Dogs must be kept on a lead under the control of a responsible adult at all times and wear a collar with identity tag. You must clean up after your pet. Pets (other than registered assistance dogs) are not allowed in any facilities or play areas. Pets should not be left unattended at your pitch. If we think your pet is causing a nuisance or damage you will be required to remove it from the park.
22. Use of your pitch. Only one tent/trailer tent/ touring caravan/ motorhome etc. is permitted per pitch (with the exception of one additional pup tent). We have the right to enter your accommodation in special circumstances and in emergencies.
23. Your personal possessions. You are responsible for your personal possessions on park and we aren’t responsible for any loss or damage to these. If you leave personal possessions behind at the end of your holiday we’ll try to return them but are not responsible for them.
24. Park facilities. For health and safety reasons some of our facilities and activities have age and/or height restrictions. Children under the age of 8 must be supervised by an adult in the swimming pool and one adult may not supervise more than two children under 8. At Ruda Holiday Park all children under 4 must be supervised by an adult on a one-to-one basis. At busy times access to facilities may be restricted and a booking system may operate. We may have to close facilities (e.g. for health and safety reasons, maintenance or reasons beyond our control) and we are not liable to compensate you if we do so.
25. Entertainment. You will be given entertainment passes which you will need to show to access facilities and entertainment. Any day visitors you have will need to buy day entertainment passes to access facilities and entertainment. Bookings made through some promotions do not include entertainment. When you give your party’s details at the time of booking you apply for membership of the Parkdean Resorts Social and Bingo Club (where provided). We may have to withdraw or change entertainment or close facilities and we are not liable to you if we have to do so. You are not permitted to bring your own alcohol or other drinks into the entertainment complex, bar or restaurants. Lighting and flash photography may be used during some of our entertainment.
26. Gambling restrictions. If any member of your party has self-excluded themselves from any other gambling premises, they must highlight this to the park management on arrival. We cannot accept any liability for any losses incurred where a guest has not informed us of their self-exclusion.
27. The holiday park. Most of our parks are in rural locations so there may be areas of uneven ground, unmade paths and limited lighting. Please take special care to avoid accidents. Some parks may also have lakes, ponds, and rivers so please make sure you know about these features and supervise children appropriately.
28. Your car and other vehicles. You should comply with speed limits, parking and traffic regulations on park. We try to provide parking next to or near your pitch but we can’t guarantee this, please ask at time of booking. Vehicles are brought into the holiday park at your risk and we are not responsible for loss or damage to these except where it is caused by our negligence or fault. Quad bikes, segways, hoverboards and similar, pickup and any commercial or working vehicles including large vans aren’t allowed on park. Please note we do not currently have a facility to charge hybrid cars. You are not permitted to charge your car using the electric hook up to the pitch.
29. Behaviour on park. Our parks are family holiday parks so please ensure your behaviour is appropriate and not noisy, offensive or likely to cause any harm or upset to other guests, staff or property at the holiday park. If we feel your behaviour is illegal, offensive, disruptive or inappropriate or is disturbing other guests we will ask you to leave the holiday park and no refund will be given.
30. Filming and photography. We sometimes have TV and other companies filming or taking photographs on park. We will do all we can to ensure you are not disturbed by this. We can’t accept any responsibility or offer any financial award if you do appear in films or photographs. No photography is allowed in swimming pool areas. The use of drones is not permitted at any holiday park.
31. Entry. We reserve the right to refuse you and your party entry to our holiday parks, or to ask you and your party to leave our holiday parks, if you or any member of your party breaches any of our terms and conditions and you will not receive any refund.
When it’s time to leave
32. Departure time. You should leave your pitch by 10am on your departure date. It may be possible to purchase a half-day extension – please check with the team on park during your stay.
33. Leaving your pitch. At the end of your holiday please leave the pitch in a clean and tidy condition.
Can we help?
34. Feedback. We do all we can to make sure you enjoy your holiday but sometimes things may go wrong. If this happens please tell the Park reception straight away and we will try and put things right. If anything is not sorted out during your stay please contact our Customer Relations team by email [email protected] or write to the team (our address is at the bottom of page 47) no later than 14 days after the end of your holiday.
35. Alternative dispute resolution. If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited, 9 Savill Road, Lindfield, West Sussex, RH16 2NY. E-mail: [email protected]. This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.
If you need to make a change or cancel your booking
36. Alterations to your booking. Once there is a contract, if you need to make changes to your confirmed booking, you must contact us as soon as possible using “Manage my Booking” online at https://www.parkdeanresorts.co.uk/login/, emailing us at [email protected] or calling us on 0344 335 3252. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.
- Changes more than 10 weeks prior to the start date. If we can accommodate your change request and it is received 10 weeks or more prior to your start date, there will be an amendment charge to cover our administration costs plus any change in price if applicable (e.g. if you change dates or holiday park) which you will need to pay us. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you and a cancellation fee may be payable in accordance with clause 38 below.
- Changes less than 10 weeks prior to the start date. We do not accept any major changes (dates and parks) to bookings within 10 weeks to your start date. If your requested change can be accommodated, your confirmed booking will be treated as cancelled in accordance with clause 38 and a new booking made on the current pricing structure.
- Adding/removing extras. Holiday extras (such as dining options, activities, fishing permits, priority arrivals, pets, etc.) can be added or removed, subject to availability, any time, up until 24 hours prior to arrival date.
Where you have booked a Package with us, additional terms apply. Please see clause 48 for further information.
37. Cancelling your booking. If you decide to cancel your confirmed booking, please contact us as soon as possible using “Request Cancellation” online at https://www.parkdeanresorts.co.uk/login/, emailing us at [email protected] or calling us on 0344 335 3252. The date that you contact us is the date of the cancellation.
Should one or more member of your party cancel, it may increase the per person holiday price of those remaining on the booking and you will be liable to pay this increase.
Because we incur costs in cancelling your booking, if you do not have cancellation cover protection, you will have to pay cancellation charges as follows:
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. Insurance premiums for holiday insurance, cover costs and administration fees are non-refundable in any event.
If you have bought holiday cancellation cover you will be covered for more of the cancellation charges depending on when you cancel and the reasons for cancelling. Full details of our holiday cancellation cover are on our website or you can call us on 0344 335 3252.
Except where you have booked a Package, this clause 38 outlines the rights you have if you wish to cancel your booking.
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
Where you have booked a Package with us, additional terms apply. Please see clause 49 for further information.
38. Cancellation by us. Very occasionally, we may have to cancel your booking. If we have to do so we will tell you as soon as possible and you can choose either to have a full refund, or accept any alternative arrangements offered to you (we’ll give you a refund of the price difference if the alternative is less expensive than the one you booked). We will have no further liability to you for this*.
*Where you have booked a Package, additional terms apply. Please see clause 50 for further information.
Some other important information
39. Brochure and website accuracy. We have taken all care to make sure our brochure and website are correct at time of going to print. However, we can’t accept responsibility for any errors or the results of these. Photographs of pitches are examples only and views may vary. We are not responsible to you for unforeseen events or matters over which we have no control.
40. Our responsibility for loss or damage suffered by you.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us when you booked your holiday.
- Our responsibility for any foreseeable loss or damage suffered by you which is caused by us is limited to the cost of your holiday (less any insurance premium), except in the case of death or personal injury. We don’t operate the local attractions which are not on the park or act as an agent for these, and so we are not liable for any damage or loss you may suffer when buying tickets or visiting the attraction. We are only responsible to you for the services we have agreed to provide to you, as included on your booking confirmation. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or website. Your statutory rights are not affected by anything in these terms and conditions.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services we’ve agreed to provide to you.
- We will not be responsible or pay you compensation for any loss or damage suffered by you if it results from:
- the acts and/or omissions of the person affected; or
- the acts and/or omissions of a third party unconnected with the provision of the services we’ve agreed to provide to you; or
- Events Beyond our Control (see clause 42).
- You must notify us of any complaint or claim you have in accordance with the complaints procedure set out in clause 35.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Where you have booked a Package, additional terms apply. Please see clause 51 for further information.
41. Events beyond our control. Except where otherwise expressly stated in these terms, we are not responsible for events beyond our control. This means any event beyond our or our suppliers’ control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include war and acts of terrorism (and threat of these), civil war, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute and labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or our supplier’s control.
[**] Parkdean Resorts Limited, GB Holiday Parks Limited, Park Resorts Limited, Manor Park Holiday Park Limited, Southview Leisure Park Limited, South Lakeland Parks Limited, Lake District Leisure Pursuits Limited, Parkdean Holiday Parks Limited, Upperbay Limited, Parkdean Caravan Parks Limited, Southerness Holiday Village Limited, Westar Holidays Limited and Vauxhall Holiday Park Limited.
43. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the contract in either the Northern Irish or the English courts.
44. Changes to terms. Parkdean Resorts may change these terms from time to time. If we do so then we will notify you by email and posting the new terms on our website.
45. How to contact us. If you need to contact us please call our team on 0330 207 9225 or email them at [email protected] or write to us at Parkdean Resorts, 2nd Floor, One Gosforth Park Way, Gosforth Business Park, Newcastle upon Tyne, NE12 8ET.
Section B: ADDITIONAL TERMS APPLICABLE TO PACKAGE BOOKINGS
These additional terms apply where you book a Package with, as defined below. Please read this section in conjunction with Section A.
46. Definition of a Package. Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B, and in the page Traveller’s Rights when Booking a Package Holiday – available at www.parkdeanresorts.co.uk/travellers-rights/.
A “Package holiday” exists where you make a booking which includes a combination of pitch, ferry travel, or tourist services which are not part of the pitch or ferry travel, such as a concert ticket, booked at the same time for the purpose of the same holiday.
IMPORTANT NOTE: Please note that where you have made a booking which consists of a pitch or ferry travel combined with one or more tourist services such as a concert ticket, this will not create a Package where the tourist service(s):
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the pitch has started.
These bookings will be treated as a pitch only booking and will not be afforded the benefit of the rights under the PTRs. Please see Section A for the terms applicable to these bookings.
47. Transferring your Package Holiday
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the booking;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £40 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- that person agrees to these terms and all other terms and conditions of the contract between us.
Both you and the person you’re transferring the holiday to remain liable to us for payment of all sums. If you are unable to find a replacement, you will have to cancel your booking and cancellation charges as set out in clause 38 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
48. If you cancel your Package Holiday
If you have booked a Package with us, you have the right to cancel your confirmed Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of holiday amount but we will not be liable to pay you any compensation. For the purpose of this clause 48, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. Please note that your right to cancel in these circumstances will only apply where the Government or Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.
49. If we change or cancel your Package Holiday
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return date by less than 12 hours, change of accommodation to another of the same or higher standard.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
- A change of pitch area for the whole or a significant part of your time away.
- A change of pitch to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements by more than 12 hours.
Cancellation: We will not cancel your Package less than 10 weeks before your departure date except for reasons of Events Beyond our Control or failure by you to pay the final balance.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
- having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation. In addition to a full refund of all monies paid by you, we will pay you reasonable compensation, in the following circumstances:
- If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a significant change or cancel your arrangements more than 10 weeks before departure;
- where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Events Beyond our Control (see clause 42).
If we become unable to provide a significant proportion of your holiday after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
50. Our Responsibility for your Package Holiday
- We will accept responsibility for your Package holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your Package, as set out in your confirmation invoice. Subject to these terms, if we or our suppliers negligently perform or provide those travel services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these terms and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- Claims in respect of travelling arrangements:
- You agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
- When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider for the complaint or claim in question.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period of up to three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
51. Insolvency Protection for Package Holidays. The Package Travel and Linked Travel The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your chosen arrangements and for your repatriation in the event of our insolvency. For these purposes, we protect money that you have paid us for package holidays, via The Association of Bonded Travel Organisers Trust Limited (ABTOT).
ABTOT provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Parkdean Resorts UK Limited, membership number 5431, and, in the event of our insolvency, protection is provided for non-flight packages.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you have already travelled. Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with Parkdean Resorts UK Limited.
In the unlikely event that you require assistance whilst travelling due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
52. Prompt assistance for Package Holidays
If, whilst you are on holiday you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services and local authorities and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier may however pay for or provide refreshments and/or appropriate accommodation and you should contact them directly. Subject to these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.