Booking Terms and Conditions
The following terms and conditions apply to all holidays booked with Barcelona Inside and Out, which is a registered trade name of Eastwood Travel S.L. (“we”, “us” or “our”). Please read these terms and conditions carefully as they form the basis of our contract with you and set out our respective obligations.
In these Terms and Conditions “you” and “your” means all the persons named in the booking including anyone added or substituted at a later date.
1, Booking and paying for your holiday
a) To book a holiday please call or email us for a quotation. When you are happy with the quotation and have reviewed your itinerary a 15% deposit is payable by bank transfer.
A binding contract between us and you (the lead name on the booking) is only formed when we issue our booking confirmation (by email or post) after having received payment from you, in cleared funds, of either the required deposit or the full price of your holiday (depending on when the booking is made relative to the intended departure date). By making the booking you accept that you have the authority to bind all members of your party to these terms and conditions of booking and you take responsibility as the lead name on the booking to make payment and to receive documentation on behalf of your party.
b) The nature of our holidays means we are not always in a position to confirm every requested element at the time of booking. If for any reason we do not expect the key elements of your holiday to be available we will not process your payment and will advise you accordingly. Processing your payment is not a guarantee or representation that your requested arrangements will be provided or confirmed. Where you submit your booking request online, any electronic acknowledgment of its receipt is not a confirmation of the booking.
c) Once we have received the applicable payment due at the time of booking (see below), we will, subject to availability of the requested arrangements, send you your invoice. It is at the point when we issue this to you that a valid contract will come into existence between us. Please check your confirmation/invoice carefully as soon as you receive them and contact us immediately if you think any details are incorrect.
d) If you are booking eight weeks or more prior to your planned holiday you will pay a deposit of 15% of the holiday cost and no less than €100 per person (or, if we require a higher deposit due to special circumstances, the higher deposit required by us). We will not be obliged to treat your payment as made until we are in cleared funds. You will pay the balance no less that eight weeks before your departure date, failing which we shall be entitled to cancel your booking, terminate the contract between you and us, and retain the deposit paid.
e) The balance must be paid not later than the date specified on the invoice. This is normally no less than 8 weeks before the departure date. Please note if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 3 depending on the date we reasonably treat your booking as cancelled.
Full payment is required at the time of booking for all bookings made after balance due date as above.
f) On occasions, we may be asked by suppliers to make payment to them earlier than normal. Such requests may, for example, be made in order to secure accommodation and other services during periods of peak demand. Whilst suppliers may have no contractual right to make such requests, failure to comply with them may result in the loss of confirmed arrangements. Where this situation arises, we reserve the right to ask you to make payment of the requested sum within a stipulated period and prior to balance due date. We will of course endeavour to avoid doing so if we can. Any such early payment will be non refundable except as set out in clause 3.
2, If you change your holiday
If, after the contract between us has come into existence, you want to change your holiday we will do our best to make said changes however we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers, and including for example cancellation charges that may be incurred for sectors cancelled.
3, If you cancel your holiday
a) You, or any member of your party, may cancel your holiday at any time, providing that the cancellation is made in writing. Notice of cancellation will be effective upon receipt by us of your written communication. As we start to incur costs from the time the contract is confirmed we will retain your deposit and in addition will apply other cancellation charges as shown below. These charges are based on how many days before your booked departure we received your cancellation notice. These charges are a percentage of the total cost of your booking. If you want to cancel one or more people on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of people you wish to cancel from the booking:
Period before start date when notice is received / Cancellation charge as percentage of total booking price
More than 56 days before start date
Loss of deposit unless booking (and deposit) is transferred to a new booking for a different trip departing within 3 years or the original departure date
Between 56 and 28 days before start date (inclusive)
30% of the holiday cost
Between 28 and 14 days before start date (inclusive)
60% of the holiday cost
Between 14 and 4 days before start date (inclusive)
80% of the holiday cost
4 days or less before start date (or failure to join the holiday) (inclusive)
100% of the holiday cost
b) You agree in addition to the provision to indemnify us fully against any and all cancellation and/or alteration charges or fees incurred by us as a result of you cancelling your holiday. If you have taken out travel insurance you may be able to make a claim under the cancellation section of your policy, subject of course, to the terms of the policy.
c) Special cancellation terms. If we draw special cancellation terms to your attention prior to the conclusion of the contract between you and us, then they will apply in place of the cancellation terms set out in conditions.
Alterations or cancellations by you after commencement of travel and unused services.
We will do our best to implement any changes to your arrangements you request once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves. As a basic principle, no refunds will be paid to clients who do not complete a tour. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any reasonable administration charges.
4, If we change or cancel your booking
We reserve the right to cancel your booking or change any of the facilities, services or prices described in our brochures or website. We will endeavour to advise you of any changes known at the time of booking.
We plan the arrangements for your holiday in advance and may occasionally have to make changes, most of which are minor. Some changes may be significant changes which constitute major changes. When a major change occurs, you will have the choice of either:
(a) accepting the change; or
(b) accepting a replacement holiday from us of equivalent or similar standard and price (at the date of the change), if we are able to offer you one; or
© cancelling your holiday, in which case you shall receive a full refund of all monies paid.
(d) Force majeure
Compensation will not be payable in any cases where an amendment, change or cancellation is due to an unusual or unforeseeable event or circumstance beyond our reasonable control including, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers, (each such event or circumstance being defined in these Booking Conditions as a “Force Majeure Event”).
Period before departure in which we notify you/Amount you will receive from us
70 days or more
69 – 43 days
42 – 28 days
27 -14 days
Less than 14 days
This standard compensation payment will not affect your statutory or other legal rights. We will only make one compensation payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard compensation payment.
We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable until such time as your travel itinerary has been confirmed. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.
5. Our liability to you
a) We promise to make sure that the holiday arrangements we have agreed to provide as applicable as part of our contract with you are provided with reasonable skill and care. This means that, subject to these Terms and Conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected
with the provision of your holiday and which were unforeseeable or unavoidable or (iii) force majeure as defined in clause 4 above.
c) Please note, we cannot accept responsibility for any services which do not form part of our contract. 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 we have not agreed to arrange them as part of our contract and any excursion you purchase in 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 we do not have any greater or different liability to you.
d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and European law (under Spanish jurisdiction) – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.
e) As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are liable to you for the non-performance or improper performance by air, sea or rail carriers or hoteliers we shall only pay you up to the amount you can validly recover against such carrier or hotelier under European law (under Spanish jurisdiction).
f) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) 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 (ii) 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.
6. Your responsibility
a) When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
The accommodation provided is only for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited.
8. If you have a complaint
If you have any complaint or problem during your trip, please inform us or the relevant supplier (e.g your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please write to us within 28 days of your return, giving your booking reference and other information. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint at the time the problem occurred and this may affect your rights under this contract.
9. Data protection
We are committed to protecting your privacy.
We only use the information we collect about you to prepare holiday proposals, to supply tickets and vouchers for booked holidays, to confirm bookings to our partners and suppliers, and for marketing information, research and analysis purposes. Any personal information provided to or gathered by Eastwood Travel S.L. is controlled by Eastwood Travel S.L.
a) When you make an enquiry or a booking, we need to know your name, e-mail address and postal address. This allows us to respond to your enquiry and to send necessary documents including invoices. We also ask for your telephone number, which enables us to contact you urgently if there is a problem or a specific question regarding your booking.You may also need to provide us with personal details such as disability or dietary requirements.
b) We will never sell, trade or rent your personal information to third parties other than in the course of business outlined below.
c) We will only pass on your name, contact telephone and address details to our partners and suppliers (e.g. hotels and guides) in order to confirm your booking.
d) We use tracking software to monitor customer traffic patterns and site usage to help us develop the design and layout of the site to better meet the needs of visitors to www.barcelonainsideandout.com This software does not enable us to capture any personally identifying information.