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BOOKING CONDITIONS

1. INTRODUCTION

“Sandals” means UNIQUE CARIBBEAN HOLIDAYS LIMITED, a company incorporated and registered in England and Wales with company number 04122639, whose registered office is at 2nd Floor Nucleus House, 2 Lower Mortlake Road, Richmond, England, TW9 2JA, trading as Sandals UK, or Beaches UK;

“Unavoidable and extraordinary circumstance” means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, which could include: warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a 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 destination as agreed in the booking confirmation;

"Terms" means these terms and conditions and our Website Terms of Use, Privacy Policy, and Cookies Policy, copies of which are available at https://www.sandals.co.uk/terms-conditions/;

"we", "us" and "our" means Sandals;

“Website” means the relevant website for your location which are available at the following URL addresses:

UK: https://www.sandals.co.uk/ and https://www.beaches.co.uk/

EU: https://www.sandalsresorts.eu/

"you" and "your" means all persons named on your booking confirmation and in your travel party (including anyone who is substituted or added at a later date).

2. HOW TO CONTACT US

You can contact us on the details below:

• Sales (if you would like to make a new holiday reservation):

    Telephone: 0800 742 742 Option 1   Email: sales@sandals.co.uk

• Administration (if you want or need to speak to us regarding an issue before you travel):

    Telephone: 0800 742 742 Option 2   Email: amendments@sandals.co.uk

• Accounts (if you want or need to speak to us regarding a payment issue before you travel):

    Telephone: 0800 742 742 Option 3   Email: accounts@sandals.co.uk

• If you have a complaint, please use our contact details and follow the guidelines as set out in Section 12.

3. OUR AGREEMENT WITH YOU

Our agreement with you is set out in the Terms, which sets out what you can expect from us when you buy a package holiday or accommodation only via the Website or through our contact centre. You should read the Terms carefully before you book to see how they affect your specific travel arrangements.

The acceptance of the Terms is a condition of purchasing either a package holiday or accommodation only holiday from us. Therefore, the Terms form part of our agreement with you and cannot be separated.

A “package holiday” is the combination of two or more travel services (i.e. flights, accommodation, car hire and certain other tourist services), as is defined in the EU Package Travel Directive 2015/2302 (as implemented in the UK and each country in the European Economic Area) (“PTD”). A summary of the key rights available to you under the PTD (“PTD Rights”) is available at the end of these Terms.

These terms and conditions may differ with regards to how they apply to accommodation only holidays and package holidays. Where this is the case, we shall draw your attention to any differences.

4. YOUR TRAVEL BOOKING

4.1. Legal age and responsibility

To confirm the booking, as a lead booking name, you accept and will ensure that:

• you are over the age of 18 and have full legal capacity and sufficient authorisation to make bookings and enter into legal agreements;
• you have the consent and availability of all persons named in the booking to enter into the booking on their behalf pursuant to these Terms;
• you have the authorisation of the parents of any persons under 18 years of age named in the booking (applicable to Beaches Resorts) to enter into the booking on their behalf pursuant to these Terms;
• all persons named in the booking have accepted the Terms;
• you will assume responsibility for informing all persons named in the booking with regards to relevant details and other pertinent details;
• notwithstanding the statements set out in our Privacy Policy, you are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking;
• you will be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking;
• you guarantee that all the personal information provided in the process of making your booking is correct; and
• you accept the financial responsibility for all transactions made in your name or via your bank account.

4.2. Personal Data

By accepting the Terms, and pursuant to UK legislation, including European legislation applicable in the UK on data protection and particular legal aspects of electronic commerce, you consent and authorise us to request from any contracted service providers and process any personal information relating to you or your group. Such information shall be treated in compliance with UK legislation, including European legislation applicable in the UK, as well as any other such legislation that substitutes, complements or elaborates the privacy and data protection legislation, and will be used to process bookings and payments made at your request.

For the purposes of these Terms, personal information includes, but is not limited to: any telephone numbers, fax numbers, e-mail addresses, addresses, signatures, ID or passport copies, credit card details, personal preferences, disabilities, or any special dietary or religious requirements or any other personal information related to you or your group that may be relevant for your booking.

When you provide personal data to us which relates to another person, you must obtain their consent for you to provide such data to us for processing in relation to the booking. If they do not consent, you must not provide such information to us.

You can obtain more information about the processing of your personal data in our Privacy Policy:
https://www.sandals.co.uk/privacy-policy/

4.3. The Booking

When you submit your booking request, we will confirm the booking as soon as possible. A contract will only come into existence between us when you have paid the price payable on booking and we have issued our booking confirmation to you. There may be circumstances in which we do not issue a booking confirmation to you after you have placed a booking request with us. For instance, we will not issue such a confirmation if we discover an error in the pricing of the holiday or if any part of the holiday is no longer available.

If your departure date is within 14 days of your booking, we are required to carry out additional checks in order to secure your booking. You must provide us with the identification documents and payment details we need to complete these checks. These will be uploaded to a secure portal and will be deleted after 28 days.

Once the booking is made, we will supply you with a written copy of the booking confirmation which, together with the Terms, forms part of the Agreement made between us and you and which confirms to you all the details regarding your holiday.

If, for any reason, we are unable to accept your booking request, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of the holiday already paid, unless you decide to use that payment towards a different booking.

Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name. As the lead booking name you should check the booking confirmation carefully as soon as it is received and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later.

You are responsible for passing on any information regarding the booking or any changes made in relation to the booking to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.

In addition, you are also responsible for;

• notifying us prior to the time of booking of any personal circumstances and needs of any person included in the booking including, without limitation, whether any such person has a medical condition or requires additional assistance for example, if you or a member of your party have difficulty in walking 500 metres or have reduced mobility). This will allow us to ensure that the holiday is suitable for you; and
• notifying us at any time from the time of booking until 48 hours prior to the flight’s departure by calling our contact centre if any person travelling on the booking requires additional assistance or if additional assistance previously requested is no longer required

Sandals welcomes all customers and we endeavour to meet all individual needs. In order to assist you, we must be advised at time of booking of any disability and special requirements and will forward an ABTA disability checklist for you to complete and return to us. Special facilities can be requested but may not be guaranteed. Where you make special requests or we cannot guarantee the suitability of particular accommodation, resorts, transport and services we will inform you and give you the opportunity to change your holiday. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline or cancel the booking.

We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. In the event that an airline and/or a ship refuses passage to you (or to any member of your party) on the grounds of ill health or on the grounds of any other perceived problem with your physical or mental condition, we will not be liable for any and all consequences that arise from this. Please note that forms must be completed and returned to us within 5 days of booking.

NB. Please note that whilst we try hard to meet the needs of every individual, Sandals Regency La Toc, Sandals Grenada, Sandals Ochi and Beaches Ocho Rios are not equipped to cater for the physically challenged and therefore we do not recommend them to customers who require special assistance.

You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. Failure to do so may limit your rights under the PTD.  

If you add additional arrangements to your booking which were not included in your original booking, such additional arrangements will only be confirmed when we have sent you written confirmation that the additional arrangements have been booked.

We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.

Any person who is under 18 years old must be accompanied by an adult on his or her journey (applicable to Beaches Resorts).

There may be other restrictions and conditions on some offers, but these are explained in the details of those offers and in the pre-contractual information offered to you.

4.4 Price Changes

We may change the advertised price of any holiday from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of booking.

We advertise a large number of holidays and we try hard to ensure that the advertised price is always accurate, but sometimes errors do occur. We will normally verify prices at the time of booking. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.

We are under no obligation to supply you with a holiday which is incorrectly priced, even after we have issued our confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.

We may change the price of your holiday after we have issued our booking confirmation in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties other than the suppliers, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to the holiday. We shall only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your holiday, together with a calculation and an explanation for this change.

If the price of your holiday is increased by more than 8% of its total price, then you may:

• (a) accept and pay for the price increase;
• (b) reject the price increase and terminate your holiday with a full refund; or
• (c) reject the price increase, terminate your holiday and take an alternative one if we decide to offer this. If you decide to take an alternative holiday, we will inform you of its impact on the price of your booking. If the alternative holiday is of a lower quality or cost, you may be entitled to an appropriate price reduction.

We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the price increase. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the holiday and provide you with a refund.

If you decide to reject the price increase and terminate your holiday with a full refund, you may also be entitled to compensation in accordance with section 11 below.

You will be entitled to a price reduction corresponding to any decrease in the costs described above which occur after you have booked but before the start of your holiday, although we will be entitled to deduct our administrative expenses of this process. You will be entitled to ask for a breakdown of these administrative expenses.

5. THE PRICE YOU PAY

5.1. Paying for your Travel Arrangements

UK

If booking in the UK you will be able to pay a deposit for your holiday should you wish to for any booking made more than 71 days before departure (the start date of the holiday you have booked with us), with the full balance due 71 days prior to departure. The deposit amount will be £175 per person. Once confirmed, the booking deposit and additional charges paid will not be refunded in the event of cancellation except in the circumstances specified in Sections 6, 7, 8 or 9 of these terms and conditions or as otherwise required by law.

When you pay a deposit, we will state on the booking confirmation the balance owed and the due date for the remainder of the payment. You must pay any balance due at least 71 days prior to the date of your departure. If you don’t, we reserve the right to treat your booking as cancelled. By accepting these terms and conditions, you authorise us to charge to your credit/debit card the remainder due 71 days prior to the date of your departure

In relation to ATOL protected flight-only sales or flight-inclusive package holidays, money accepted by our agent from you is held by the agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by our agent, or is subsequently accepted from you by our agent, is and continues to be held by our agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.

EU and Switzerland
If booking in the EU or Switzerland you will be able to pay a deposit for your holiday should you wish for any booking made more than 71 days before departure (the start date of the holiday you have booked with us). The full balance shall be due 71 days prior to departure. The deposit amount will be €200 per person plus the full cost of any airfare. Once confirmed, the booking deposit, airfare, additional charges paid, and insurance premiums will not be refunded except in the circumstances specified in Sections 6, 7, 8 or 9 of these terms and conditions or as otherwise required by law.

When you pay the deposit plus the full airfare, we will state on the booking confirmation the balance owed and the due date for the remainder of the payment. You must pay any balance due at least 71 days prior to the date of your departure. If you don’t, we reserve the right to treat your booking as cancelled. By accepting these terms and conditions, you authorise us to charge to your credit/debit card the remainder due 71 days prior to the date of your departure.

Additional booking terms::

The deposits set out below will be in addition to our standard deposit of £175pp (€200pp) and are per room.

Sandals Resorts:

BOOKINGS FOR ANY OF THE BELOW ROOM CATEGORIES WILL REQUIRE A NON-REFUNDABLE, NON-TRANSFERABLE DEPOSIT AT THE TIME OF BOOKING:

• Over-the-Water Villas (OWV) and Bungalows (OWB) at Sandals Royal Caribbean, Sandals South Coast, Sandals Grande St. Lucian and Sandals Saint Vincent and the Grenadines: £2,175 / €2,500

• Awa Seaside Bungalows (ASP) and Kurason Island Poolside Butler Bungalows (KB) at Sandals Royal Curaçao: £875 / €1,000

Beaches Resorts:

BOOKINGS FOR ANY OF THE BELOW ROOM CATEGORIES WILL REQUIRE A NON-REFUNDABLE, NON-TRANSFERABLE DEPOSIT AT THE TIME OF BOOKING:

• All 3 and 4 bed villas within the Key West Village (3KB, 3VO, 4VB, 4VO & 4VP) at Beaches Turks & Caicos: £875 (€1,000)

• All 3 and 4 bed Eventide Penthouses (3BB, 3BW, 3RT, 4BB, 4BW & 4RT) and Firesky Reserve Villas (4VP) at Beaches Negril: £875 (€1,000)

All bookings for Beaches Negril, Beaches Turks & Caicos and Beaches Ocho Rios for travel during the below listed holiday dates are subject to a non-refundable, non-transferable deposit (in addition to our standard deposit of £175 (€200pp)) at the time of booking and full pre-payment per the below policy for the years 2024, 2025 and 2026. Bookings are 100% non-refundable after the full payment due date as follows:

2024:

2025:

2026:

British Airways Customers

We require full payment for the holiday 100 days prior to travel for guests travelling with British Airways during peak travel periods (Christmas, Easter and Summer). The confirmed destinations and travel dates are:

6. IF WE CANCEL YOUR BOOKING

We aim to provide your holiday as booked, but on rare occasions we may need to cancel it. If we do, we will notify you as soon as possible.

If a refund is payable to you, it shall be credited to you using the same method that you used to make the original payment to us. For instance, if you paid by card, refunds will be credited to this same card. If it is not possible to make the refund in this way, we shall contact you for confirmation as to how to make your refund payment.

7. IF WE CHANGE YOUR BOOKING DETAILS

We hope that we will not have to make any change to your holiday but, because your holidays are planned many months in advance, we sometimes do need to make changes. We will let you know about any important changes to holidays shown on our Website when you book. If you have already booked, we will let you know about any changes as soon as we can.

Flight timings shown by us on the Website are for guidance only and may change. Your booking confirmation will show the latest planned flight timings. All other details, such as seat bookings, are your responsibility to organise with the airline.

7.1. Major changes to your holiday

Occasionally, we have to make major changes to your holiday with us. A major change includes matters such as:

• a significant change of destination; or
• a change in accommodation to that of a lower category or in a different area from the initial accommodation booked; or
• a change in the time of your departure or return flight by more than 12 hours; or
• a change of your departure airport (excluding changes between London airports or other airports within the same region).

In the unlikely event that we have to make a major change to your holiday, we will tell you as soon as reasonably possible. You will then have the option to:

• accept the proposed change. If this results in a holiday of lower quality or cost, you may be entitled to a price reduction;
• reject the proposed change and terminate your holiday with a full refund; or
• reject the proposed change, terminate your holiday and take an alternative one if we decide to offer this. If you decide to take an alternative holiday, we will inform you of its impact on the price of your booking. If the alternative holiday is of a lower quality or cost, you may be entitled to a price reduction.

We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the holiday and provide you with a refund.

If you decide to reject the proposed change and terminate your holiday with a full refund, you may also be entitled to compensation in accordance with the rules for compensation set out in section 11.2 below. Ordinarily, we will offer to pay compensation based on the scales described below

We will only make one compensation payment for each booking.

We may not give you any of the above options in the event that a change to the purchased holiday is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

If a refund is payable to you, it shall be credited to you using the same method that you used to make the original payment to us. For instance, if you paid by card, refunds will be credited to this same card. If it is not possible to make the refund in this way, we shall contact you for confirmation as to how to make your refund payment.

8. IF YOU CHANGE YOUR BOOKING DETAILS

You must ensure all names and details are entered correctly as per your passport at the time of booking. Please notify us as soon as possible in writing and by phone if there is something that you need to correct or if you don’t receive a booking confirmation within 24 hours of making your booking

We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.

8.1. Name changes

Subject to the below, you may transfer your booking to another person up until your date of departure, providing the following conditions are met:

• you authorise the change in writing;
• the new person accepts the transfer and that person agrees to comply with the Terms;
• The new person must satisfy all the conditions applicable to the holiday (as specified by us); and
• You and the other person accept that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer.

We will charge an amendment fee to change a passenger on a booking to cover our costs of making such change in accordance with the table set out below.

Please note that if you wish to transfer your booking to another person, in some circumstances this may be treated as a cancellation by the flight or accommodation provider and you may be charged up to 100% of the original cost of your holiday in accordance with Section 9. We shall notify you of these costs upon receipt of your request to transfer.

You will need to give us reasonable notice of a name change so that we can make the necessary arrangements, but 7 days before departure shall be considered to be reasonable

Charges will be added to the new booking confirmation. In case the new lead passenger or you fail to pay, both of you will be responsible for the payment of any balance due on that new booking confirmation.

8.2. Bookings details changes

If, after your booking confirmation has been issued, you wish to change your holiday in any way, for example your chosen departure date or accommodation, the request must be made in writing by the lead passenger. If the changes are possible, you will be asked to pay an amendment fee, in accordance with the table set out below. We will notify you of the amount of the amendment fee when you contact us. You should be aware that these costs could increase the closer to the departure date that changes are made, and so you should contact us as soon as possible.

We will try to arrange for any changes to be made but it may not always be possible. Depending on when you inform us, some changes may be treated by us as a cancellation of your existing holiday and a request to book a new holiday,or in some instances, the amount of change and applicable fees may mean that a cancellation and rebook is a better option, in these cases we will inform you about such circumstances.

Please bear in mind that for certain changes in the travel components, the supplier treats them as a cancellation and charge accordingly (up to 100% of the cost of the original accommodation) for that part of the arrangement.Where applicable, these charges will be passed on to you.

When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.

Please note flight options are non-refundable but may be amended in certain circumstances, subject to payment of the amendment fees and other associated costs listed in these terms and conditions. Certain extras, such as transfers, excursions, and airport extras may be non-refundable. We will make any non-refundable bookings clear when you book those arrangements. Please check with us if you are unsure at the time of booking.

Amendment Fees

9. IF YOU CANCEL YOUR BOOKING

If you want to cancel your booking, you must contact us as soon as possible in writing by sending an email to
Administration
0800 742 742 Option 2
Email amendments@sandals.co.uk

Any such notice of cancellation must be given by the Lead Name on the booking.

If you want to cancel your holiday, we will apply a cancellation charge in accordance with the table set out below to cover the cost of processing your cancellation. We will confirm to you the amount of the cancellation charge when you contact us. You will be responsible for paying this charge.

The charge will be calculated according to how many days before your booked departure we receive your cancellation notice as per the table below and covers our administrative and management costs of cancelling your holiday and the costs we have to pay to the suppliers. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge for those passengers.

Where hotels, extras, transport or flight options are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay. Please note this could be up to 100% of the cost of your original holiday.

cancellation Charges

In addition to the cancellation right set out above, in relation to package holiday bookings only, you shall have the right to cancel your booking before the start of the holiday without paying any cancellation charge in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity if we have confirmed to you that they will significantly affect the performance of the holiday. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any.

It is important to note that FCDO guidance against all but essential travel to a destination, whether due to COVID-19 of other matters, will not automatically trigger a right to cancel and receive a full refund. Your right to cancel and receive a full refund is as described in the paragraph above and will depend upon the nature of the event and its affect upon performance of the holiday.

If you are liable to pay cancellation charges under these Terms, we recommend that you check your insurance policy to ascertain if the reason for your cancellation is covered under the terms of your policy. It may be that you are able to submit a claim with your insurer in relation to your cancellation.

10. YOUR HOLIDAY IS FINANCIALLY PROTECTED

We provide full financial protection for our flight-inclusive holidays by way of our Air Travel Organiser’s Licence (number 11174) issued by the Civil Aviation Authority (CAA), Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone +44 (0)333 103 6350, email claims@caa.co.uk. ATOL number 11174 (our “ATOL Licence”).

When you buy an ATOL protected holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For more information about financial protection and the ATOL Certificate, go to: www.atol.org.uk/ATOLCertificate.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate, or a suitable alternative. In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative, at no extra cost to you. You agree to accept that, in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your agreement to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme, or your credit card issuer where applicable.

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative through an alternative ATOL holder or otherwise) for reasons of insolvency, the trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

If you book arrangements other than a package holiday (e.g. accommodation only), the ATOL Licence financial protection referred to above does not apply.

11. OUR RESPONSIBILITY FOR YOUR HOLIDAY

11.1. Performance of your holiday

We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Where we provide the services ourselves, we have a legal duty to exercise reasonable skill and care in providing these arrangements to you. Where the services are provided by the independent suppliers, we have a legal duty to exercise reasonable skill and care in making the arrangements for the independent suppliers to provide the services to you.

You must tell us immediately of any failure to perform or improper performance of your holiday (“Failure”). This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with section 11.2 below.

If a significant proportion of the travel services included in your holiday cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the holiday. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in below. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with section 11.2 below.

If a Failure substantially affects the performance of the holiday, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your holiday or terminate your booking without paying a termination fee. If you decide to terminate, then if your holiday included carriage to the destination, we shall also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with section 11.2 below.

If we are unable to ensure your return to your place of departure as agreed in your booking confirmation because of Unavoidable and Extraordinary Circumstances, we shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the holiday.

If a longer period of accommodation than that referred to in the paragraph above is provided for in EU passenger rights legislation (as described in the PTD) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described in the paragraph above in the event of unavoidable or extraordinary circumstances, then the limits set out in such legislation will apply instead

11.2. Price reduction and compensation for damages

In relation to package holidays, you will be entitled to an appropriate price reduction for any period during which there is a Failure, unless the Failure is attributable to you. You shall also be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:

• (a) attributable to you;
• (b) attributable to a third party unconnected with the provision of the travel services included in the holiday and is unforeseeable or unavoidable; or
• (c) due to Unavoidable and Extraordinary Circumstances.

In relation to accommodation only bookings, if we fail to exercise our duties to you with reasonable skill and care, you will be entitled to appropriate compensation for loss and damage you suffer as a result of that failure.

If you are granted compensation or a price reduction by another party in relation to the same matter which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.

We shall not be liable to pay compensation to you in connection with your holiday booking in the circumstances described in the remainder of this paragraph 11.2.

We shall not be liable to pay compensation to you where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of our suppliers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the holiday booking. Please ask us for copies of these international conventions if you would like to see them.

Our liability to you will also be limited in accordance with the contractual terms of the suppliers which provide the transportation element of your holiday and in an identical manner as if such limitations applied directly to us.

Our liability to you in connection with your holiday booking shall be limited to a maximum of three times the cost of your holiday booking, except in cases involving death, injury or illness where we or our suppliers have caused such damage intentionally or with negligence.

Please note, we cannot accept responsibility for any services which do not form part of our contract (whether a package or accommodation only booking). This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and where we have not agreed to arrange them as part of our contract and any excursion you purchase in your resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and such other standard as may be required by law and we do not have any greater or different liability to you. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description: (1) 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; or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

Additionally, we cannot accept liability for any business losses including self-employed loss of earnings.

Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your holiday, except in cases involving death, injury or illness where we have caused such damage with negligence.

Even in circumstances where we are not liable to pay any compensation to you we will, where appropriate and subject to our discretion, provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure or as a result of any activity which does not form part of the contracted package arrangements. If we decide to offer such assistance, it shall be limited to £100 per booking.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years, applicable to Beaches Resorts only) must also assign to ourselves 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. Unavoidable and Extraordinary Circumstances.

12. COMPLAINTS

12.1. If you have a complaint

If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, you should contact us without delay on https://www.sandals.co.uk/contact/?tab=representatives and we will assist you.
If you are still not satisfied on your return home, you must write to our customer support team at customerservice@sandals.co.uk to allow your complaint to be investigated properly. We will acknowledge your complaint within 14 days and provide a full response within 28 days.

Please include your holiday reference number on your email and include your daytime and evening telephone numbers. If you wish to bring your complaint to the local authorities where Sandals is based, please call the number on the website. When submitting your complaint is important to follow the following guidelines to ensure a prompt and effective response from us:

• Include your booking reference and any other relevant booking information
• Try to keep the substance of your complaint concise and to the point
• Include the rectification or solution that you seek

Please note that a failure to advise of problems whilst on holiday, as described above, deprives both us and the suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.

Disputes arising out of, or in connection with your booking, which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer (you) in respect of costs. Full details 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 £25,000 per booking. 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 £1,500 on the amount the arbitrator can award per person in respect of this element.

Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code of Conduct (referred to above) does not require such agreement.

For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent (for example, on excursion sales), please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.

As a member of ABTA, you may be able to bring your complaint through ABTA’s independent Alternative Dispute Resolution (ADR) Scheme.

ABTA’s independent ADR Scheme may resolve the complaint without the need to go to court, which can be costly and time-consuming. The scheme is administered by the Centre for Effective Dispute Resolution (CEDR), which is approved by the Chartered Trading Standards Institute (CTSI). Further information on the Code and ABTA’s assistance in resolving disputes can be found on https://www.abta.com

12.2 Personal Injury

If you suffer injury, illness or death directly as a result of the services provided as part of your holiday we may pay you compensation in accordance with section 11.2.

If you suffer injury, illness or death on your holiday you agree to assist us with our investigations in the following ways:

• you should contact our customer service office on https://www.sandals.co.uk/contact/?tab=representatives and the supplier involved, about your injury or illness while you are in the resort; and
• you should write to our customer service office at customerservice@sandals.co.uk about your claim within 1 month of coming home from your holiday to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation; and
• you should include a letter about your injury or illness from your doctor if you can; and
• you will transfer to us any rights you have against the supplier or any other person, so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this; and
• you should cooperate fully with us if we or our insurers want to enforce any rights transferred to us.
• You must also consult a local doctor and make arrangements to visit your GP when you return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors
• You must not act in a fraudulent manner regarding any reported illnesses. You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities, and we shall seek to recover any payments made to you in connection with the associated claim.

Regardless to the foregoing, any payments we make may be limited in accordance with English Law and international conventions.

We will not be liable to pay any compensation if you or someone named in your booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday booked with us, or you need to incur unpredictable extra expenses for which we are not liable because the event is an Unavoidable and extraordinary circumstance, but we will, where appropriate and subject to our discretion, try to help if we can.

13. INSURANCE, EXCURSIONS AND OTHER SERVICES “EXTRAS”

It is recommended that you and all other members of your party, including infants and children, are adequately insured on holiday, for example to cover any applicable cancellation, repatriation or assistance costs in the event of accident, illness or death. Please note such insurance policies do not have to be purchased via us or any third party we may recommend.

Insurance, excursions, tours or any other products and services booked independently (“Extras”) that you may choose to book or pay for directly either with a third party before your holiday, or whilst you are on holiday/in the resort do not form part of your holiday provided or arranged by us. For any Extras that you book, your contract will be directly with the provider of those Extras (whether the insurance provider, operator of an excursion or tour or the supplier of products and services as the case may be). We are not responsible for the provision of Extras or for anything that happens when Extras are being provided to you by the operator and/or supplier as the case may be.

Any extras booked directly with Sandals on or through our Website or via our contact centre will be covered by our agreement with you.

14. ADVANCE PASSENGER INFORMATION

It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities, border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as API. The information you must provide will include, but not be limited to, full name - as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date. Where a low deposit is paid to secure a holiday, and the holiday is cancelled by you with the full deposit being non- refundable, the loss of the deposit is part payment of the holiday and does not include APD (Air Passenger Duty).

15. CONDUCT WHILE TRAVELLING

We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents at the point of departure or resort in any risk or danger, on the telephone, in writing or in person.

If the captain of your flight or any of the cabin crew or ground staff believe that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, or disembark you from an aircraft. If you are disruptive and prevented from boarding your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay cancellation charges as set out in Section 9. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.

If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, we may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damage or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated.

If your actions or those of a member of your party cause damage to the accommodation in which you’re staying, or cause delay or diversion to any flight or other means of transportation, you agree to hold harmless and fully indemnify (i.e. compensate or reimburse on a £1 for £1 basis) Sandals against any claim (including legal costs) made against Sandals by or on behalf of the owners of such accommodation or the operator of such flights or transportation.

Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, or other person of authority, your behaviour is causing danger, damage to property or affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen, we will not be liable for any refund, compensation or any other costs you may have to pay.

16. YOUR ACCOMMODATION

Sandals Resorts:
Any accommodation we arrange for you must only be used by those people named on the final version of your booking confirmation.
Hotel prices are based on 2 adults, aged 18years+, sharing a room. All accommodation is furnished with one King Size Bed, we do not provide two single beds nor rollaway beds. Sandals Resorts do not accommodate single customers. All accommodation is based on the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. The minimum check-in age is 18 years and above. Our resorts are keen to encourage a healthy environment and we operate an entirely smoke free policy for rooms and public areas, we do provide designated smoking areas at each resort. Full details will be provided locally.

Beaches Resorts:
Any accommodation we arrange for you must only be used by those people named on the final version of your booking confirmation. Hotel prices are generally based on 2 adults sharing a room. Child or 3rd/4th adult prices may be based on the existing bedding in the hotel room. While some double rooms in the hotels have two double beds, this is not always the case and, depending on the size of the hotel rooms, some may only have one double bed or two single beds. Please note most rooms DO NOT provide three single beds. A cot or rollaway bed is on a request basis only and we cannot guarantee these at the time of booking. All accommodation is based on the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. At check-in each room must have at minimum one adult aged 18 years and above in the room. Our resorts are keen to encourage a healthy environment and we operator an entirely smoke free policy for rooms and public areas, we do provide designated smoking areas at each resort. Full details will be provided locally.

17. THE CONDITIONS OF YOUR FLIGHT TICKET

When you travel by air, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention.

When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those terms and conditions. You acknowledge that all of these terms and conditions form part of your agreement with us. You can ask us to provide you with a copy of any of the conditions applicable to your journey.

Given the increase in pre-flight security screening the check-in time for all transatlantic flights is 3 hours prior to departure. As the scheduled departure may be brought forward for operational reasons you must re-check your departure time by contacting the airline directly, 24 hours before departure. Recommended check-in time for domestic and regional flights is 2 hours before the scheduled departure times. Many airlines offer online check-in via their website.

We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. However, we recommend you check your final flight times on the day of departure.

Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/sites/default/files/air-safety-list_en.pdf This list also forms the basis of the UK’s Air Safety List.

We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible

In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below).

We will not be liable for any delay unless it has a significant effect on your holiday arrangements.

If your flight is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in these booking conditions. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk.

Passengers who are travelling with a Non-UK or Non-EU carrier departing from a Non-UK or Non-EU airport are not covered by the EC Regulation 261/2004: Denied Boarding, Cancellation & Delay. This restriction also applies to passengers travelling with a UK or EU carrier who are operating a codeshare flight with a Non-UK or Non-EU carrier and the flight departs from a Non-UK or Non-EU Airport. Please ask us for codeshare details at the time of booking. We strongly recommend that passengers who are not covered by EC Regulation 261/2004 should ensure that their travel insurance provides adequate cover and does not exclude expenses incurred as a consequence of flight cancellation and lengthy delays, including any living costs which may arise due to force majeure situations (see section 11 of the Booking Conditions), particularly those caused by extreme weather conditions.

18. TRAVEL TRANSFERS – SPECIAL CONDITIONS

18.1 Transfers for children/infants

Please note that infant car seats and/or children’s car booster seats are not provided for any transfers and must be taken as part of your baggage (at your own cost) and must be used for all children/infants unless they are over the age of 12 or over the height of 135 cm.

18.2 Sports Equipment

Where you are travelling with any sports equipment, your holiday price may increase due to costs relating to additional transfer requirements for such equipment. Please contact our amendments services team prior to booking to discuss your requirements.

19. FRAUD OR UNLAWFUL ACTIVITY

Payments must be authorised by the cardholder named in the holiday booking. We withhold the right to cancel or block your holiday payment without prior notice if:

• the transaction has an elevated risk of fraud measured by examining a range of pre-set data and based on our extensive knowledge and experience of fraud attempts; or
• the cardholder did not authorise the payment and claims that the holiday booking is fraudulent; or
• we reasonably suspect that the cardholder or passenger is connected to other fraudulent activity.

If we block your card transaction as set out above, we may request that you remit payment with a different payment method or payment card.

19.1 Suspected Fraud

From time to time we are asked by banks and card issuers to investigate transactions which the cardholder believes to be fraudulent. If in the course of such investigation we reasonably establish that a cardholder has claimed a transaction to be fraud in error, then the holiday booking will be subject to further internal checks. Any future bookings connected to such cardholder details may be denied until such time as any outstanding monies owed to us relating to the error are recovered.

19.2 Unlawful Activity

Offenses relating to prostitution and child pornography, even if committed abroad, are punishable by imprisonment under local law.

20. DESTINATION SPECIFIC INFORMATION:

Some islands in the Caribbean prohibit wearing of camouflage print materials and/or military apparel including baggage. Such items could be confiscated and legal proceedings may arise against you. To avoid any inconvenience we would advise all passengers to refrain from packing and / or carrying such items.

21. PASSPORT, VISA AND IMMIGRATION/HEALTH REQUIREMENTS AND FOREIGN OFFICE ADVICE

You agree that, prior to booking your holiday with us, we have confirmed to you general information about:

Passport and visa requirements for your holiday (including information about the length of time it is likely to take to obtain the appropriate passports and visas); and health formalities required for the journey and the stay. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth and Development Office website https://www.gov.uk/foreign-travel-advice It is your responsibility to secure the appropriate passport, visa and other immigration documents required for your holiday, and/or to comply with any health formalities required. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. We do not accept any responsibility if you cannot travel because you have not complied with the passport, visa, and immigration requirements and/or you fail to comply with all applicable health requirements.

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. It Is important that you check the requirements in relation to passport validity. Some countries require that your passport have a minimum number of months before expiry. As such we recommend that your passport has a minimum of 6 months validity from the return date of your travels.

22. CONTACTING YOU

If you book via our Website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. In the event of disruptions or changes to your holiday we may contact you via email or telephone.

23. GOVERNING LAW AND JURISDICTION

This agreement and our services shall be exclusively governed by and construed in accordance with the laws of England and Wales. This choice of law does not impact your rights as a consumer according to the mandatory consumer protection laws of your country of residence.

You and we both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in the courts of Northern Ireland (and we may only bring proceedings against you in the courts of Northern Ireland), and if you are a resident of Scotland you may also bring proceedings in the courts of Scotland (and we may only bring proceedings against you in the courts of Scotland).