Definitions

“You” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires.

“We”, “us” and “our” means Active Away Ltd.

“Host” means the person in charge of your Holiday.

“In writing” means by email to hello hello@activeaway.com

1. Who can make a booking

Bookings can only be made by and for persons aged 18 or over.

2. Payment

All payments must be made in Pound Sterling via the method set out in our booking process.

Booking Information

If your Holiday is due to take place within 85 days of making the booking, you must pay the full cost at the time of booking.

If your Holiday is due to take place 85+ days from making the booking, we require you to pay: 35% Deposit at the time of booking; and the 65% Balancing Payment 85 days before the start date of your Holiday. A reminder will be sent to you in advance of this deadline. If the full balance is not paid by the said date, we reserve the right to cancel your booking without notice, retain the deposit and seek reimbursement for any additional loss we have incurred.

On Receipt of Your Deposit

When a booking is made, we make the necessary reservation and your deposit is accepted as part payment of the agreed total cost of the booking in your name, and is credited to your account.

We shall not be liable if any of the information you have provided to us is incorrect.

A final confirmation including your accommodation, together with all other relevant details will be sent out to you two to three weeks prior to your departure date. Please check these details again very carefully.

Single Occupancy

Unfortunately, Single Occupancy Supplements are a feature of all the hotels we use for our holidays. The Basic Price (Per Person Price) is based on 2 people sharing a room. When booking, you must therefore add your Single Occupancy Supplement to the Basic Price if you are a Single Traveller.

3. Our role in your booking

We act only as an agent or sub-agent in respect of all bookings we take and/or make on your behalf including but not limited to flights, hotels, and transfers (“Travel Service”). When making your booking, our service is only to arrange for you to enter into a contract with the individual provider of the Travel Service in question (the “Service Provider“), and to agree payment terms between you and that Service Provider. We act as the agent of the Service Provider, except where we state to the contrary in these Terms and Conditions. The Service Provider will either be the principal supplier of the Travel Service, and therefore the party supplying the Travel Service to you (for example the hotel), or the agent of the principal. When the Service Provider is acting as an agent, its role will be to enter you into a contract with the principal supplier of the Travel Service. The terms and conditions of the Service Provider will also apply to your booking. You agree to be bound by these Terms and Conditions, as well as the terms and conditions of the Service Provider, including their cancellation and amendment policies. A link to a copy of the terms and conditions of the Service Providers will be sent to you at the time of booking.

4. If you change your booking

If you wish to make any change to your booking, please contact us in writing.

Holiday Changes

Extra Nights: If your Holiday start date is 85+ days from today and you want to add extra nights to your trip, there is no administration fee involved, however you may have to pay the Bespoke Transfer Cost https://activeaway.com/transfer-information/.

Different Resort: Our Holidays vary in price depending on the Resort and dates. If your Holiday start date is 85+ days from today and you want to change to a Holiday at a different Resort, you must pay the deposit required for the new Holiday, and we will refund the deposit for the old Holiday.

Different dates, same Resort: If your Holiday start date is 85+ days from today and you want to change to a Holiday at the same Resort but on different dates, there is a £50 charge.

Please note that if your Holiday start date is 85+ days from today and you want to change to a Holiday in our next Calendar year, we may issue a Credit Note if the upcoming calendar has not yet been released.

If your Holiday start date is 0-85 days from today, then unfortunately we are not able to make any changes to your booking. If this means you can no longer attend the Holiday, unfortunately there is nothing we can do.

Please note that we reserve the right to remove any discount from a booking invoice once a change has been made.

Name Changes

Please note that not all of the Hotels we work with allow name changes once a booking has been confirmed. It is at the discretion of the particular Hotel to decide whether a name change can be accommodated on a case by case basis. We charge an administration fee of £15 for name changes.

There are some instances where we may have an early booking offer with the hotel and changing a name may result in losing this early booking discount. In this case you would lose any discount or be charged an additional £100, whichever is the greater amount.

5. If you cancel your booking

If you or any member of your party wish to cancel your booking, in whole or in part, you must contact us in writing.

To compensate us for the expense of processing your booking and for the risk that we may not be able to re-sell the holiday, we charge a cancellation fee on the scale shown below. The amount payable depends on when we receive your written instructions. Subject to the nature of the cancellation, you may be able to claim compensation from your insurance provider.

Cancellation Charges (before start date of holiday)

85 + Days – Lose Deposit

84-49 Days – Lose 50% of total cost or Deposit, whichever is greater

48-29 Days – Lose 75% of total cost or Deposit, whichever is greater

28-15 Days – Lose 90% of total cost or Deposit whichever is greater

14 Days or Less (Including ‘no show’ or leaving early) – Lose 100% total price of the Holiday

Cancellation of individual Passengers Within a Party

We provide discounted rates depending on the size of your party. In addition to the above cancellation charges, when an individual member(s) of a party cancels their booking, this may also involve re-invoicing of the remaining passengers at our list prices for the new party size.

Cancellation of 2 Separate Parties Sharing a Room

If two separate people have agreed to share a room and one person cancels, then the remaining person is liable to pay any Single Occupancy Supplement.

6. Cooling off period

We do not offer a cooling off period, apart from our Calendar Launch. In this case any overseas booking more than 250 days in advance can be changed without penalty due to flights not being released yet.

7. If we change your booking

We plan the arrangements for our Holidays many months in advance. Though it is unlikely that we will have to make any changes to confirmed arrangements, it does occasionally happen.

We reserve the right to make such changes at any time. Most changes are of a minor nature and we will advise you of these changes as soon as possible.

The following are “Significant Changes”

• Change of Hotel
• Change of Destination
• Change of Dates by more than 24 Hours
• Not enough people on the holiday to make the Holiday viable.

In the case of any “Significant Change”, you can choose from the following 4 options:

1. Accept the Arrangements: Confirmation in writing is required, and as soon as we have confirmed your acceptance in writing, this is binding and you cannot then change your mind.
2. Rebook onto one of our other Holidays: We will charge no further cost for the new Holiday, however a small administration fee of £15 will be charged.
3. Receive a Credit Note for the full amount of your booking, to use on future Holidays.
4. Receive a Full Refund.

Any change that is not listed above as a “Significant Change” is a “Minor Change”. Examples of “Minor Changes” include, but are not limited to:

• Change of Board Basis: If your Board Basis is downgraded, we will compensate you for the difference in price, ensuring you are only charged for the Board Basis you receive.
• Change of Holiday Host
• Change of Tennis Court Surface
• Change to Airport Transfer

Except where we state otherwise, no compensation will be provided for Minor Changes, however we will inform you of such changes at the earliest opportunity, to give you as much time as possible to prepare.

8. If we cancel your booking

In the unfortunate event that we have to cancel your booking and the cancellation is not due to events covered under clause 9, you can choose from the following 3 options:

1. Rebook onto one of our other Holidays: This is entirely free of cost, with no payable administration fee.
2. Receive a Credit Note for the full amount of your booking.
3. Receive a Full Refund.

9. Force majeure

In the case of cancellation by us due to any circumstances falling under the following definition of “Force Majeure”, we regret that we cannot we cannot accept liability or pay any compensation.

Circumstances amounting to “Force Majeure” include any event which we could not reasonably foresee, or control. Examples include war, threat of war, riot, civil strife, industrial dispute, terrorist activity, public health emergency, natural or nuclear disaster, fire, and adverse weather conditions.

10. Package travel regulations

If your trip includes 2 components, sold within the same Package (for example Accommodation & Tennis) then your trip is fully protected through the Package Travel Regulations 2018, which you can read more about here.

If your trip includes only 1 component (for example Accommodation Only or Tennis Only) then your trip will not be protected through the Package Travel Regulations.

11. Travel trust association (TTA)

The TTA provides you with 100 percent financial protection and has been doing so for over 15 years. Active Away Ltd is a member of the TTA. This means that every penny you pay to Active Away Ltd is protected by the TTA.

You can read more about the TTA here https://activeaway.com/travel-trust-association/.

12. ATOL protection

We currently do not hold an ATOL license and are not able to package flight inclusive packages.

13. Insurance

It is imperative that you are adequately insured for your trip. It is particularly important to ensure your policy covers medical expenses & emergency treatment. This, amongst other benefits, will provide cover in the event of cancellations or curtailment due to injury. Injuries do occur from time to time in sport and we do not want you to lose out financially because of them. It is your responsibility to ensure your insurance policy also provides adequate coverage for flight delays, cancellations, luggage issues, amongst other things. We will not be liable to pay compensation for any flight delays/cancellations, luggage issues or other such issues.

16. Passport, visas & travel documents

Please check that your passport is valid for the entire duration of your holiday with the appropriate Embassy. A standard British Passport is required, valid for at least 6 months beyond your planned return date. If you are not a British passport holder you may require a visa – please check before booking your holiday. All passports, visa, travel insurance, health certificate requirements and foreign destination advice are your responsibility. Active Away Ltd accepts no responsibility for any delay or expenses incurred through any failure to comply with passport or visa issues or issues relating to any other travel documents.

17. Our responsibility

You will appreciate that many people and companies, over whom Active Away has no control, are involved in the planning and provisions of your holiday. Active Away Ltd has taken all reasonable steps to ensure that the supplier(s) of services provided are of an acceptable standard. We will accept responsibility for the proven negligent acts and/or omissions of our employees and agents whilst acting within the scope of their work which result in death, bodily injury or illness to you or any member of your party. However please note: Liability will only be accepted if you can prove that the death, injury or illness was caused by the negligence of Active Away Ltd, its servants or agents. No Liability can be accepted for any negligent acts or omissions of air or sea carriers, whose responsibilities are governed by international convention, which may limit or exclude liability. We cannot accept any liability for loss, damage or expense resulting from war or terrorist activities threatened or actual, civil unrest, closure of airports, industrial action threatened or actual, or any event outside our control where such events delay, extend or compel a change in holiday arrangements. We shall not be responsible in the event that any named host coach is not available as a consequence of injury, illness or any other reason beyond our control.

18. Sports programmes

We do not accept any responsibility in the event that the Programme is rearranged due to adverse weather conditions. Every effort will be made to make up for lost hours but this cannot be guaranteed. You freely accept the risk that weather conditions may affect in whole or in part the number of hours of court time provided. Our resorts reserve the right to cancel or revise events at their discretion in relation to our tennis programmes.

19. Resort maintenance & development

At certain times during the year it is necessary for maintenance to take place on Golf courses, Padel Courts, Tennis Courts, Squash courts, Bowls and other facilities on the resorts for our trips. We shall not be responsible for any maintenance or emergency work that may be necessary to any of these facilities at the time of your visit. Neither shall we be held responsible for any building improvements or renovation on the venues in the vicinity of your accommodation.

20. Electricity/water/environmental conditions

Limited rainfall and climatic fluctuations can often affect the supply of water and electricity, which may result in cuts. These are usually of a short duration and we ask you to be tolerant. In hot climates please be prepared to encounter the indigenous environmental conditions, for example insects. The water supplies in our resorts may be suitable for consumption, but we recommend bottled water for drinking.

Due to the prevailing weather conditions at our resorts, we advise that you wear appropriate sunscreen and take further precautions such as covering your skin and wearing a hat or visor. Please ensure you bring appropriate clothing, sunscreen and other methods for taking care in hot climates.

21. Misbehaviour

We reserve the right at our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, property, or to any third party. Should any passenger be prevented from travelling, because in the opinion of any person in authority, they appear to be unfit to travel, or likely to cause disturbance to other passengers, then our responsibility for their holiday thereupon ceases. Full cancellation charges will apply and we will be under no obligation whatsoever to provide a refund or compensation for costs which may be incurred. Active Away has no control over the behaviour of persons staying at, or visiting, your holiday accommodation and is not responsible for any withdrawal, or impairment of facilities, or other loss of damage caused by them.

22. Fitness

Bookings are accepted on the condition that participants are physically and mentally fit, and able to cope reasonably with the demands of the holiday without assistance from the host or other party member. It is your responsibility to ensure that you and your party are aware of the nature and demands of the holiday arrangements before booking. We reserve the right to exclude you from individual sports or activities or from the tennis programme as a whole if in the reasonable opinion of the host the demands of the sport would be detrimental to the interests or safety of you or the group as a whole. In the event that the host deems such a decision is necessary we will reasonably endeavour to make alternative arrangements but will not be liable for any additional costs incurred or to provide any compensation for missed activities. We also reserve the right to refuse any booking for a holiday where we are not satisfied that the applicant’s health, fitness or experience is appropriate to the holiday selected. Should you suffer from a mobility impairment, disability or medical condition relevant to your participation in the holiday arrangements, this must be declared to us (in addition to any declaration made for insurance purposes) at or before the time of booking. You must advise us if any impairment, medical condition or disability which may affect your active participation in the holiday arrangements develops after your booking has been confirmed. If we feel that we cannot meet your needs, we reserve the right to decline or cancel your booking. In the event of illness or injury relating to you or your party, we may make such arrangements as we see fit and recover the costs thereof from you.

23. Disabilities

We are not a specialist disabled holiday company, but we will do our utmost to honour any special requirements you may have. Before making a booking we will need to know if you have any medical/physical/mobility needs which might affect how and if we can deliver all of your chosen holiday services. These needs may affect your flight, transfers or the suitability of your accommodation or other aspects of your holiday. You must therefore submit any special needs/requirements to us in writing before making a reservation. We cannot be held liable if you fail to tell us about any special requirements that may affect the quality of your holiday/tour.

24. Photography & media

By making a booking with us you hereby grant the irrevocable and unrestricted right to use and publish photographs of you or any members of your party, for website & social media, advertising, internet and any other marketing purpose on any medium; to alter the same without restriction; and to copyright the same, save always that Active Away hereby undertake never to utilise any such photographs in a defamatory manner and shall keep such photographs secure throughout the period of their use. You hereby release Active Away and the photographer from all claims and liability relating to the said photograph or footage.

To Opt-Out of this, please contact us in writing as soon as you have made your booking or at the latest 48 hours before the start of the event.

25. Data protection

In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address and any special requirements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. The information may also be provided to security or credit checking agencies, public authorities such as immigration if required by them or as required by law. Additionally where your holiday is outside the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will pass on information about your booking to our employees, hotel partners, transfer partners and independent contractors to allow your booking to be processed/managed. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to sensitive information that you give us such as details of any disabilities/religious requirements. In making this booking you consent to this information being passed on to the relevant person(s). We will confirm the details we hold about you on request.

26. Whatsapp group

By accepting our Terms & Conditions you acknowledge that you will be placed in a WhatsApp group with other members of your event. This will involve your mobile number being shared with other participants. The transfer lists will be shared into the WhatsApp group. The lists will include your title, full name, mobile number and flight details. To Opt-Out of this, please contact us by emailing hello@activeaway.com.

27. Complaints

In the unlikely event of there being something, in our direct control, that is not to your liking whilst you are on a holiday with us, you must report it immediately to your host. If the matter cannot be rectified immediately, details of your complaint must be submitted in writing to us no later than 28 days after the end of your trip. Unless there is a valid reason why you fail to report your complaint to us then we shall not be liable in respect of complaints which were not registered.

28. Tourist tax

Tourist tax is NOT included in the price of any of our packages. This must be settled when you check into the hotel.