TERMS AND CONDITIONS FOR HOLIDAY BOOKINGS
The following Terms and Conditions, together with the General Information section and particulars in the Spring Harvest Holidays 2021 brochure and website (except paragraph 1 below) and any information given to you which is specific to your holiday, form the basis of your contract with Spring Harvest Holidays Ltd. Please take the time to read them carefully as they set out our respective rights and obligations. Your contract with us will be governed by English law.
In these Booking Conditions, “you” and “your” mean all persons named on the confirmation invoice. “We”, “us” and “our” mean Spring Harvest Holidays Ltd. “Holiday” means the accommodation, travel and other services you book with us for which you make a payment to us. “The site” and “The park” mean the Le Pas Opton holiday park, 1335 Route du Pas Opton, 85800 Le Fenouiller, France.
1. Your financial protection
We are required by law to protect money paid by you to us for your holiday. We have established a trust account, administered by trustees, which only releases your money to us after you return from holiday. These arrangements mean the price of your holiday will be refunded or you will be brought back to the UK (where your contracted holiday arrangements include return travel to the UK) if already abroad, in the unlikely event that your holiday cannot be provided or completed due to our insolvency.
2. Your holiday contract
(i) A contract will exist as soon as we issue our confirmation invoice. In the case of bookings received within 8 weeks of departure, the contract will exist between you and us as soon as you have received verbal confirmation from us and advised us of your credit/debit card details or we have received your payment.
(ii) When you contact us to book your holiday, you appoint us to act as your agent in contracting transport and other applicable services on your behalf for which we may receive commission. Your booking is subject not only to this set of terms and conditions but also to the terms and conditions of these other suppliers, which are available on request. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions.
(iii) We reserve the right to refuse to accept a booking. You are strongly advised not to commit to related arrangements (for example flights, ferries or car hire) until your confirmation invoice is received.
3. Brochure, website and electronic information and prices
(i) The holiday brochure and other items of publicity may be published several months in advance of the date of your holiday. Every effort is made to ensure that all information is correct at the time of printing.
However, some things may change after publication date, and if there are any significant changes or errors in the brochure, we will tell you at the time of booking or, if you have already made your booking, as soon as possible. In the event of a significant change we will provide all relevant information to enable you to take appropriate decisions in relation to your booking and its continuance or otherwise.
(ii) The website www.springharvestholidays.com is regularly updated with relevant changes to information and specifications. However it is possible that errors will occur in the website and in other electronic communications. Any relevant errors will be drawn to your attention at the time of booking or, if you have already made your booking, as soon as possible.
(ii) All photographs and layout plans are intended for guidance only. If specific facilities, services or other details are important you should contact us for specific information.
(iii) We reserve the right to increase or decrease our prices at any time before, or subsequent to, confirmation of your booking, whether by a revised brochure or by other form of communication.
(iv) The price of your holiday is fixed once your booking is confirmed. However it may be subject to surcharges on the following items: for increases in transportation costs e.g. fuel surcharges which are part of the contract between operators and us, Government action such as increases in VAT or any other Government-imposed increases or the effect of adverse currency exchange rate variations. The revised price will be calculated by applying the actual cost of any such increases as advised by the transport operators, the Government or, in the case of currency changes, according to the rates quoted on XE.com. Even in this case, we will absorb an amount equivalent to 2% of the holiday price and any amendment charges. Amounts in excess of this 2% may be surcharged. If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the date of issue of the revised invoice. No refunds will be made in the event of favourable exchange rates or decreases in costs to us.
(v) We will not add any extra costs within 30 days of the start of your holiday.
4. Payment for your holiday
When you make your booking a deposit is payable. We must receive the balance of the holiday cost no less than 8 weeks before the start of your holiday. We reserve the right to cancel your holiday if payment is not received within this period. If you are booking your holiday within 8 weeks of departure, the full cost is due at the time of booking. Any bank charges you incur on bank transfers are not the responsibility of Spring Harvest Holidays. Early booking discounts are conditional on prompt payment of your final balance: if your balance payment becomes overdue, any early booking discount may be forfeited and the amount due will increase accordingly.
5. Changing your holiday
If you want to change any part of your holiday booking, an amendment charge may be made for each set of amendments, plus any extra cost of the revised arrangements and/or any third party (e.g. ferry operator) charges. This is due to the extra administration involved. If you want to change your holiday accommodation or dates whilst on site, we will endeavour to arrange this, subject to availability and other constraints.
6. If you cancel your holiday
Cancellations made under our “Covid Guarantee” benefit from more generous terms to those below. For details of any such guarantee currently available please see the website and section 18 below.
In any case of cancellation by you, you must give notice of cancellation to us by email to [email protected] or in writing to our registered address. If you have to cancel your holiday for any reason the following cancellation charges will apply. You may find that the reason for your cancellation is covered under the terms of your insurance policy. In these circumstances, you may be able to reclaim these charges. Adequate travel insurance for all members of your party is an essential requirement of your booking. See clause 10(ii).
Period of notice Cancellation charges
(Before departure) (% of total holiday cost)
More than 56 days: Loss of deposit
28 - 55 days: 40%
14 - 27 days: 70%
Less than 14 days: 100%
If you have not arrived at the holiday site by 12 noon on the day after your holiday was due to commence and have not contacted the site directly (Tel: +33 (0)2 51 55 11 98) to confirm when you will arrive, the holiday will be cancelled and the total amount paid will be lost.
7. Changes to your holiday by us
Occasionally we may have to make changes to your holiday. In most cases, these are minor and will not affect your accommodation or travel. If we unavoidably have to i) make a significant change or ii) cancel your booking, we will notify you as soon as possible and offer you a choice of:
a) a replacement Spring Harvest Holidays holiday of equivalent or superior quality to the one you had booked;
b) a replacement Spring Harvest Holidays holiday of lesser quality, plus the price difference between the replacement and the original holiday;
c) a full refund of monies paid to you for your holiday.
In addition, after full payment has been made, except where the change is due to circumstances beyond our control (see clause 8), the following compensation will also be paid. This compensation is limited as set out below.
After full payment but more than 14 days before original departure: £50 per booking. After full payment but within 14 days before original departure: £100 per booking.
After full payment and whilst travelling to holiday site: £150 per booking.
8. Circumstances beyond our control
Please also see section 18 below.
If the cause of change or cancellation by us is due to unusual and unforeseeable circumstances beyond our control (such as, but not limited to, strike action, industrial dispute, epidemic, adverse weather conditions, government action, war, riot, terrorist activity, fire, natural or nuclear disaster or other unforeseen circumstances that may be classified as circumstances beyond our control) we regret we cannot be held liable or offer compensation.
9. Passports, visas and health
(i) Passports and visas: British guests, including any children, must have a valid British passport before travelling. You must make sure that your passport will be valid for the entire duration of, and for a minimum of 6 months beyond the end of, your stay. Holders of non-EU passports may require a visa for France. For the 2021 season, UK passport holders will not require a visa or other travel document to supplement their passport.
(ii) Health: UK citizens who do not hold a current European Health Insurance Card (EHIC) are advised to obtain a Global Health Insurance Card (GHIC) via the NHS website. This will entitle you to benefit from reciprocal health arrangements that exist between the UK and European Union countries; your travel insurance may not accept claims that can be covered by the EHIC or GHIC. The EHIC or GHIC covers treatment that is medically necessary until the card holder returns home. This includes treatments for pre-existing medical conditions. They may not cover the full cost of all medical treatment and do not cover repatriation, accommodation and many other emergency needs (see section 10 (ii)).
10. Other matters
(i) Behaviour: we reserve the right to terminate the contract of any customers whose behaviour, in the opinion of our site management, interferes with the comfort of our other guests, the safety of our staff, contravenes site regulations (a copy of which is available at the site), or for any other reason deemed fit by the park manager. In the event of such a termination, no refund will be payable.
(ii) Insurance: we consider travel insurance to be essential and require you to be in possession of valid travel insurance for the duration of your holiday including all travel to and from the holiday location. We may ask you to sign a disclaimer should you not have travel insurance when you arrive at Le Pas Opton.
(iii) Special requests: wherever possible we will respond to special requests, for example a specific emplacement location. Such requests cannot be guaranteed, nor do they constitute part of your holiday contract. We are unable to guarantee adjacent accommodation although we will try to meet these requests.
(iv) Equipment damage waiver: we do not make an equipment damage waiver charge but will not normally seek to reclaim from you the cost of repairing or replacing accidentally damaged accommodation, furnishings and site equipment up to the value of £500. However, you will be liable for any costs above this amount and we reserve the right to charge you for all damage caused by any member of your party acting negligently or irresponsibly.
(v) Party members: only those people named in your booking may use the accommodation you book, up to the maximum advertised capacity of the accommodation unit. We require at least one responsible adult (aged 18+) on each emplacement booked. We reserve the right to refuse bookings from single-sex groups of young adults and may require references in such cases prior to accepting a booking.
(vi) Information: our aim is always to respond with accurate information to telephone enquiries and bookings, but we strongly advise you to await written confirmation by us of any critical information provided verbally before relying upon it. It is your responsibility to check your travel details and holiday dates well in advance of travelling.
(vii) Cleaning of accommodation: the price of your holiday is based on you leaving accommodation clean and tidy; in cases where accommodation is not left in a clean and tidy condition we reserve the right to make a subsequent charge for cleaning. We also reserve the right to require a cleaning deposit on arrival which will be reimbursed on departure subject to a satisfactory inspection of the accommodation.
(viii) Drones: the flying of drones is not permitted anywhere in the holiday park, except with the permission of the park manager and restricted to a specific area.
11. Our liability to you
(i) We accept responsibility for ensuring that your travel arrangements, if you book with us, are supplied as described in the brochure. If any significant part of your travel arrangements is not provided as promised and this causes disruption, we will pay you appropriate compensation.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English law.
(iii) We accept responsibility for the acts and/or omissions of our employees, agents and suppliers but our liability in all cases other than those referred to in paragraph (ii) above, shall be limited in accordance with international conventions where they exist, or otherwise limited to a maximum of three times the cost of your travel arrangements.
12. Personal injury unconnected with your booked travel arrangements
If you, or any member of your party, encounter difficulty arising out of an activity which either does not form part of your holiday or is a circumstance beyond our control, we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent to such assistance prior to commencement of proceedings. Our consent will be given subject to your agreement that Spring Harvest Holidays Ltd will reclaim its costs against any third party in the event of a successful claim or against any indemnity provided by the insurance. We limit the cost of our assistance to you or any member of your party to £5,000 in total.
13. Conditions of carriage
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. The brochure, website and other electronic communications are our responsibility, as your tour operator. They are not issued on behalf of, and do not commit, the transportation companies mentioned therein or any company whose services are used in the course of your travel arrangements.
14. If you have a complaint
If you have a problem during your holiday, please inform our representative (reception staff or park manager) and any relevant supplier immediately. If your complaint relates to our park, the manager will endeavour to resolve the problem immediately. Please ensure you complete a report form, available on site. If your complaint is not resolved locally, please follow this up at the earliest opportunity, and in any event not later than 28 days following your return home, by writing to our Customer Services Department at the address below, giving your booking reference and the details as reported on the report form. In the case of a complaint against a third party (e.g. travel operator) it is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst on site. If you fail to follow this procedure we or the relevant third party will have been deprived of the opportunity to investigate and rectify your complaint during your holiday, and this may affect your rights under this contract. We regret that we will be unable to deal with your complaint unless this procedure is followed.
15. Data Protection
Spring Harvest Holidays is registered with the United Kingdom Information Commissioners Office (ICO). The registration certificate and details are available from us or from the ICO. In order to process your holiday booking we need to collect certain information from you. These details include name on passport, address and age of all members of your party, credit/debit card details, and any special requirements which you may notify to us as part of your booking. We take responsibility for the safe and secure storage of all information provided by you. Certain details have to be passed on to travel operators (e.g. ferry) so that the travel element of your holiday can be booked on your behalf. Your information will be kept on file and may be used to send you information about Spring Harvest Holidays Ltd activities. In accepting these terms and conditions, you consent to Spring Harvest Holidays Ltd using the data for the purposes stated. If you do not wish to receive information in the future, please email or call us using the information below. We have appointed SAS SHH Le Pas Opton, our local operating company, as our Representative within the European Union as required by Article 27 of the United Kingdom’s General Data Protection Requirement (GDPR). SAS SHH Le Pas Opton has limited access to information about you and your booking in order to deliver and administer your holiday.
16. Photography and filming
Please be aware that photography and filming for marketing purposes may take place during your holiday. If you do not want your image to be recorded and used in publicity you should notify reception on arrival and, if necessary, avoid areas where photography and filming is taking place.
17. Offers and Discounts
(i) Any percentage discount will be applied to the base price of your holiday only, prior to the addition of supplements for ferries, hire items and other extras. If any contradictions arise between offer details in the brochure and on the website, information on the website will be held correct.
(ii) Tell a Friend £50 Discount: It doesn’t matter whether or not you’ve been before, but your friends must not have holidayed with us in the past three years, and your booking must be for the same season as them. You can introduce more than one friend, but you can't yourself claim the discount for being recommended by someone you're recommending, either directly or indirectly. We’ll continue discounting until the base price is zero. Discounts may be taken from any standard price holiday (but not individual person rates). This offer may be combined with other published offers but not with group discounts.
(iii) All offers are subject to availability, must be claimed prior to balance payment, and may be amended or withdrawn by us at any time.
18. Coronavirus (Covid)
If you experience symptoms that could be indicative of Coronavirus prior to travel you should stay at home. If you experience such symptoms while on holiday at Le Pas Opton, you should all immediately isolate in your accommodation and notify the park manager by phone. We will reimburse any part of your holiday price that is not covered by your travel insurance. Symptom information can be found at gov.uk and our full on-site protocols will be found on our website prior to the start of the season.