TERMS AND CONDITIONS FOR HOLIDAY BOOKINGS
For holiday competition terms, see below.
Updated October 2022
The Terms and Conditions below relate to your holiday booking with us:
In these Booking Conditions, “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. “We”, “us” and “our” mean Spring Harvest Holidays Ltd, a company registered in England and Wales with company number 08249875 and whose registered office is at 14 Horsted Square, Uckfield, East Sussex, TN22 1QG. “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, 85800 Le Fenouiller, France.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
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 cost 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 due to our insolvency.
2. Your holiday contract
(i) A contract will exist when you pay us a deposit (or full payment by the balance due date notified to you or if you are otherwise booking within six (6) weeks of departure) and we issue you with a booking confirmation.
(ii) Your booking is subject not only to these Booking Conditions but also to the terms and conditions of 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 other travel arrangements (for example flights, ferry or car hire) outside of your booking with us until your confirmation invoice is received.
3. Information and prices
(i) We endeavour to ensure that all the information and prices both on our website and in any other advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the holiday before you make your booking.
However, some things may change after publication date, and if there are any significant changes/mistakes on our website or in any other advertising material that we publish, we will tell you at the time of booking or, if you have already made your booking, as soon as possible. If your holiday is outside the main season (1 July – 1 September) some of the facilities on site may be restricted.
Any percentage discount will be applied to the base price of your holiday only, as listed on our website and in any other advertising material that we publish. We reserve the right to withdraw or amend any discounts published on our website and in any other advertising material that we publish. If any contradictions arise between offer details on our website and in any other advertising material that we publish, information on the website will be held correct.
(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 confirmation of your booking, whether by an update on our website or in any other advertising material that we publish or by other form of communication.
(iv) The price of your holiday is subject to surcharges on the following items:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.
- the exchange rates relevant to the package.
You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within seven (7) days from the issue date printed on your final invoice.
(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 eight (8) weeks before the start of your holiday. If you are booking your holiday within eight (8) weeks of departure, the full cost is due at the time of booking. We reserve the right to cancel your holiday if payment is not received within these periods. Any bank charges you incur on bank transfers are not the responsibility of Spring Harvest Holidays.
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 park. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness (including, without limitation, Covid-19). If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We may ask you to sign a disclaimer should you not have travel insurance when you arrive at Le Pas Opton.
6. If you want to change your holiday
If you want to change any part of your holiday booking, you must notify us in writing [via email to [email protected]] as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, changes may be subject to payment of an administration fee of up to £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
7. Transfers of bookings
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 holiday;
- we are notified in writing [via email to [email protected]] as soon as possible and in any event not less than seven (7) days before departure;
- you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
8. If you cancel your holiday
In any case of cancellation by you, you must give notice of cancellation to us, in writing via email to [email protected] Your notice of cancellation will only take effect from the date on which we receive it. 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.
Cancellation charges are a percentage of the total holiday cost, varying according to the period of notice before departure.
- More than 56 days: Loss of deposit only
- 28 – 55 days: 40%
- 14 – 27 days: 70%
- Less than 14 days: 100%
Please note that amendment fees and/or administration fees are not refundable in any circumstances.
Important note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
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 direct (Tel: +33 (0)2 51 55 11 98) to confirm when you will arrive, we will take it that the holiday is cancelled and the total cost paid will be lost.
Cancellation By You Due to Unavoidable and Extraordinary Circumstances
You have the right to cancel your confirmed holiday 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 holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we will provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. For the purposes of this condition 6, “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.
9. 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; and/or
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 condition 10), the following compensation will also be paid. This compensation is limited as set out below and would not be payable in all cases.
After full payment but more than 14 days before original departure: £20 per booking.
After full payment but within 14 days before original departure: £50 per booking.
After full payment and whilst travelling to holiday site: £75 per booking.
10. Circumstances Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Circumstances Beyond Our Control. For the purpose of these Booking Conditions, 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 warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination (including the on-going effects of Covid-19) or natural disasters such as floods, earthquakes, weather or other conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act or advice of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events beyond the control of us or the supplier(s) concerned.
11. Entry, passports, visas and health requirements
(i) Entry:Compliance with France’s entry requirements is your responsibility.
(ii) Passports and visas: Similarly, it is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your booking. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. 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.
(ii) Health: You are advised to obtain a UK Global Health Insurance Card (GHIC) where you do not have a valid European Health Insurance Card (EHIC), via the Department of Health and Social Care website www.gov.uk/global-health-insurance-card. This will entitle you to benefit from the reciprocal health arrangements that exist between European Union countries; your travel insurance may not accept claims that can be covered by the EHIC/GHIC. Please note that GHICs and/or EHICs expire after 5 years, so if you already have one you will need to check whether it needs renewing. The EHIC/GHIC may not cover the full cost of medical treatment and does not cover repatriation, accommodation and many other emergency needs (see condition 5).
You acknowledge that the suppliers providing your holiday, including park operators and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and may have implemented certain measures as a result. This may include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of your holiday and all measures will be taken with the purpose of securing your safety and those around you.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport or visa requirements or health formalities.
12. 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 or 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)Special requests: Wherever possible we will respond to special requests if they are made in writing at the time of booking. 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.
(iii) 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 £1000. 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.
(iv) Party members: Only those people named at the time of 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.
(v) 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.
(vi) Cleaning of accommodation: The price of your holiday is based on you leaving accommodation clean and tidy; in cases where accommodation is left uncleaned 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.
13. Our liability to you
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as amended, as set out below and as such, we are responsible for the proper provision of all travel services included in your holiday, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those 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 holiday, 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 holiday. 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 Booking Conditions and the extent to which our 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 will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description 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 contracted for and which were unavoidable and extraordinary; or
- Circumstances Beyond Our Control (as defined in condition 10).
- We limit the amount of compensation we may have to pay you if we are found liable under this condition:
- 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 required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under the above point 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 (3) 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.
- Where your booking includes transport, 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 these international conventions and 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' will 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 or other supplier for the complaint or claim in question.
- It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions.
- 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.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
- which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
- relate to any business; or
- indirect or consequential loss of any kind.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in any other advertising material that we publish. For example, any excursion you book whilst away, or any service or facility which a third party supplier agrees to provide for you.
Where your booking includes return transport to/from your holiday accommodation, 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 will provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the three (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 holiday. For the purposes of this condition, “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.
14. 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.
15. 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 website and any other advertising material that we publish are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit, the transportation companies mentioned therein or any company whose services are used in the course of your travel arrangements.
16. 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 Customer Service 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 Spring Harvest Holidays Ltd, 14 Horsted Square, Uckfield, East Sussex, TN22 1QG, giving your booking reference and the details as reported on the Customer Service 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 whilst you were on 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.
17. 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.
18. Offers and discounts
(i) 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 5 years, and your booking must be for the same season as theirs. 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 rates). This offer may be combined with other published offers.
(ii) All offers are subject to availability, must be claimed prior to balance payment, and may be amended or withdrawn by us at any time.
19. 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 support you and 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 notified to you on site as required.
Holiday competition terms
The current holiday competition/prize draw includes entries made online including via Eden.co.uk and social media and at various events including but not limited to Spring Harvest and Big Church Day Out. Contact details will not be retained after the prize draw on 30 June 2023 unless entrants have consented to further contact.
Employees of Spring Harvest Holidays, its subsidiaries and agents are not eligible to enter the competition. No purchase necessary.
The winner will be chosen by random selection from all entrants. The selection made by Spring Harvest Holidays will be final. The prize is as specified below; the winner may take the holiday in 2023 or 2024. Prize is subject to availability. The prize may be used to reduce the amount owing on a 2023 or 2024 holiday already booked but no financial credits will be payable
The prize is a two-week holiday staying in a Pinewood or Evergreen 2 or 3-bedroom mobile home and includes access to the holiday park and its facilities for the duration of the holiday. The prize includes a return ferry crossing for car and up to five passengers with Brittany Ferries on one of their routes from the UK to Western France.
What is not included: fuel and other travel-related costs including insurance; any alternative travel method, should you choose it; linen and towels; ferry supplements including ferry cabins, roofbox, bike rack or trailer; paid activities on site such as bike hire or kayak rental; excursions; any other incidental costs.