Last updated: 25 April 2023
Grand Hotel Europe bookings: Notwithstanding anything to the contrary in these Booking Conditions, only Hotel Only Bookings are available at Grand Hotel Europe (where the booking is made directly or via an authorised agent) and such bookings are made with Europe Hotel LLC (Mikhailovskaya ulitsa 1/7 Sait Petersburg 191011, Russian Federation).
1. Do these terms apply to my Booking?
These consumer Booking conditions ('the Booking Conditions') apply to Bookings made directly with Belmond or Bookings made with Belmond via a travel agent (who is not acting as a tour operator).
If you are making a Hotel Package Booking with a tour operator (and not Belmond direct or via a travel agent appointed by Belmond), these Booking Conditions will not apply to your Booking. Instead, your Booking will be subject to the tour operator’s booking conditions (and, where applicable, their financial failure protection arrangements).
If you made your Booking by telephone, fax or post and had not seen these Booking Conditions when you made your Booking and you are not happy to proceed with the Booking now that you have seen them, please return all documentation to us or to your travel agent within 7 days of receiving these Booking Conditions. Your Booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your Booking was made within 14 days of your stay.
From time to time Belmond may make limited-time or other special offers available which are also subject to the terms and conditions stated at the time of booking (“Special Offer Conditions”). In the event of any conflict between these Booking Conditions and the Special Offer Conditions, the Special Offer Conditions shall apply.
When you make a Booking, directly with us or a Hotel Only Booking made with an agent appointed by Belmond, you will be entering into a contract with us. The contract shall be formed only after you have made the payment due on booking and we have issued our booking confirmation to you.
These Booking Conditions, bye-laws, international conventions, applicable laws regarding hotel and/or innkeepers’ liability ('Local Hotelkeepers’ Laws'), the booking confirmation, and any other written information we brought to your attention (or where you made a Booking via a travel agent 'Stay Organiser', asked your Stay Organiser to bring to your attention) before we confirmed your Booking with you or your Stay Organiser and any other terms we may agree with you from time to time, form the basis of your contract for all Bookings made with us.
In the event of any inconsistency between these Booking Conditions, Local Hotelkeepers’ Laws and any applicable third-party conditions and/or international conventions etc., these Booking Conditions shall prevail, to the extent permitted by law.
Please read these Booking Conditions carefully before booking with us as (subject to any amendments which we may from time to time agree with you) they set out your and our respective rights and obligations. If there is anything within these Booking Conditions that you do not understand, then please contact us to discuss what this means for you. If you do not agree to these Booking Conditions you must not book with us.
By making a Booking, the Lead Guest hereby:
(a) represents that he/she has the authority to bind to the contract all persons named on his/her Booking;
(b) confirms that the details provided for all parties to the Booking are full and accurate;
(c) confirms that he/she has read and understood these Booking Conditions and agrees (for himself/herself and on behalf of each person named on his/her Booking) to be bound by them;
(e) confirms he/she is 18 years of age or over and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
(f) confirms that no parties to the Booking are included on any sanctions lists maintained by any government authority worldwide.
2. Hotel Package Booking or Hotel Only Booking?
Our obligations to you will vary depending upon whether you book EITHER:
a “Hotel Package” which means a single Booking made by a consumer within the European Economic Area (“EEA”) or the UK (i.e. an ‘EEA Customer’ or a ‘UK Customer’) of a hotel reservation plus at least one 'other tourist service' which:
(a) is not intrinsic to the hotel reservation;
(b) is not purchased after the commencement of your hotel stay; and
(i) accounts for a significant proportion of the value of the Hotel Package Booking (at least 25% of the value of the Hotel Package Booking); or
(ii) represents an essential feature of the Hotel Package Booking;
a “Hotel Only Booking” which means a Booking made by (i) a UK Customer or an EEA Customer for a room (or rooms) in a hotel(s) which does not comprise a Hotel Package; or (ii) a consumer from anywhere in the world other than the EEA or UK for a room (or rooms) in a hotel(s), whether on their own or together with other tourist services.
In these terms:
3. Explanation of terms used in these Booking Conditions
In these Booking Conditions, we shall use the following terms:
'Belmond Group’ means Belmond (as defined below), its ultimate parent company Belmond Ltd. and all companies where Belmond Ltd. owns from time to time at least 25% of those companies;
'Belmond’, 'Company', 'we', 'us' or 'our' means:
1. for UK Customers, Belmond Management Limited of 4B Victoria House, Bloomsbury Square, London WC1B 4DA, e-mail:email@example.com, tel: +44 (0)845 077 2222
2. for EEA Customers, Belmond Luxury Travel Limited of 13-18 City Quay, Dublin 2, Dublin, Ireland, e-mail: firstname.lastname@example.org, tel: +44 (0)845 077 2222; and
3. for customers outside the EEA and the UK, booking a Hotel:
a.In Italy - Belmond Italia S.p.A.;
b. In Peru - Peru Belmond Hotels S.A.;
c. In Brazil - Belmond Brasil Hoteis S.A.;
d. In Mexico - Plan Costa Maya, S.A. de C.V.;
e. In Asia - Belmond Hong Kong Limited; or
f. At any other Hotel – Belmond Management Limited.
'Booking(s)' means either a Hotel Only Booking or Hotel Package Booking;
'Booking Conditions' means these consumer booking terms and conditions;
'Failure' has the meaning set out in Section B3 below;
'Guest/you/your' means guests who make Bookings and any party staying with them;
'Hotel Only' has the meaning set out in Section 2 above;
'Hotel Package' has the meaning set out in Section 2 above;
'Lead Guest' means the person who made the Booking with us and is the first named person on the Booking;
'Locally Booked Excursion' has the meaning set out in Section C10;
'Major Change' has the meaning set out in Section B1;
'Minor Change' has the meaning set out in Section B1;
“Sanctioned Person” has the meaning set out in Section C15;
'Website' means www.belmond.com or any other website owned or operated by Belmond from time to time;
'Unavoidable and Extraordinary Circumstances' has the meaning set out in Section C5;
'VAT' means value added tax or equivalent sales tax.
SECTION A – HOTEL ONLY BOOKINGS
The terms set out below, together with the terms set out in Section C, apply to Hotel Only Bookings.
A1. Changes/Cancellations by us
From time to time we may need to make a change, or very occasionally cancel, your Hotel Only Booking. We reserve the right to do so at any time. Most changes are Minor Changes, which we are permitted to make without incurring any liability to you. However, occasionally we have to notify Guests of a Major Change that we are constrained to make to the main characteristics of the Hotel Only Booking.
In the unlikely event that we have to make a Major Change or cancel your Hotel Only Booking, we will tell you as soon as reasonably possible. In such circumstances you will be offered a full refund but we shall have no further liability to you arising out of such cancellation or major change.
A2. Changes/Cancellations by You
If the Lead Guest or anyone named on his/her Booking wishes to change any part of a confirmed Hotel Only Booking, they can only do so by contacting the hotel and paying the applicable cancellation/amendment fee. Cancellation (and, where applicable, amendment) fees will vary from Booking to Booking. We will set out the cancellation fees which are relevant to your Booking when you make your Booking. We will advise you of any charge which is payable to enable us to amend your Booking.
We cannot guarantee that the hotel will be able to accommodate your request but it will try to do so.
Hotel Only Bookings are not transferable without our written consent. We will apply any monies you have already paid to us towards settling any cancellation charge(s) (and to the extent your payments exceed the sum due, we will refund the balance). No refunds will be given for no shows or unused services.
We are not responsible for refunding or meeting any expenses or losses you may incur as a result of changes or cancellations made to a Locally Booked Excursion (as set out in Section C10 below), whether these changes or cancellations are made by you or the provider of the Locally Booked Excursion.
A3. Our Responsibilities and Limitations on Our Liability
Our liability (if any) is limited (in each case to the fullest extent permitted by law) as follows:
(a) personal injury and/or death caused by our negligence during your stay shall (i) where your stay is not subject to an International Convention (as defined below) not be subject to any limit (ii) where your stay is subject to an International Convention, be limited as if we (being Belmond Ltd. and all companies where it owns from time to time at least 25% of those companies in aggregate) were Hotel-Keepers under the appropriate International Conventions, which include The Paris Convention (with respect to hotel arrangements). You can ask for copies of these International Conventions from our offices;
(b) loss of or damage to luggage and possessions (other than vehicles, items kept in vehicles or live animals) during your stay shall be limited (because you are assumed to have adequate insurance in place to cover any losses of this kind and further assumed to have deposited any valuable items in the main hotel safe/safety deposit box) to:
(i) where your stay is subject to an International Convention (including but not limited to the Paris Convention with respect to hotel arrangements), be limited as if the Belmond Group were Hotel-Keepers under the appropriate International Conventions;
(ii) where your stay is not subject to an International Convention, as defined above, an aggregate limit equal to $2,500 (or local equivalent) per person (or if greater the applicable liability amount under the Local Hotelkeepers Law);
(iii) for loss or damage to vehicles, items kept in vehicles or live animals, $2,500 (or local equivalent).
Each hotel has a main hotel safe or safety deposit box available for Guests' use (each hotel has discretion to refuse to accept Guests' items if they are dangerous or if, having regard to the size or standing of the hotel, the item(s) are of excessive value or cumbersome to store). Please ensure that you are given a receipt by the hotel for all items you deposit in the main safe. We can only return items against presentation of this receipt and have no liability to verify the identity or authorisation of the person collecting these items.
To the fullest extent permissible by law, we cannot accept any liability for any damage, loss or expense or
other sum(s) of any description which:
(a) on the basis of the information given to us by you concerning your Hotel Only Booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our Contract with you (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or incur any business losses);
(b) is caused by Unavoidable and Extraordinary Circumstances (as defined in Section C);
(c) arises out of or is connected with the matters described in Section C6;
(d) occurs whilst the item(s) are not expressly deposited for safe custody in the hotel’s main safe or safety deposit box (and against which a receipt has been issued by the hotel);
(e) at the time of the loss or damage, sleeping accommodation had not been reserved for the Guest; and/or the loss or damage did not occur between the midnight immediately preceding and the midnight immediately following his/her stay at the hotel;
(f) do not form part of our agreement with you or where they are not advertised in our brochure or on our Website. For example, any excursion you book (other than with us) while during your stay, any service or facility which your hotel or any other supplier agrees to provide for you, any doctor, dentist or other medical attendant called to attend to you during the stay and any services, products or transportation not provided by us.
It is a condition of our acceptance of liability under this clause that you notify any claim to us strictly in accordance with the complaints procedure set out at Section C in these Booking Conditions.
Where any payment is made, the person(s) receiving it (and their parent or legal guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
SECTION B – HOTEL PACKAGE BOOKINGS
The terms set out below, together with the terms set out in Section C, apply to Hotel Package Bookings.
B1. If We Change or Cancel Your Booking
From time to time we may need to make a change to your Hotel Package. We reserve the right to do so at any time. Most changes are Minor Changes (as defined below), however, occasionally we have to notify Guests of a Major Change. For the purpose of these Booking Conditions, a lack of availability of an essential service which forms part of the Hotel Package shall constitute a ‘Major Change’ before arrival. Any change which is not a Major Change shall constitute a ‘Minor Change’ (which shall include, without limitation, any and all measures similar to those set out in Section C6).
In the unlikely event that we have to make a Major Change to your Hotel Package, we will tell you as soon as reasonably possible. You will have the option to:
(a) Accept the proposed change. If this results in a Hotel Package of lower quality or cost you may be entitled to a price reduction in accordance with the provisions set out in Section B4 below.
(b) Reject the proposed change and terminate your Hotel Package Booking with a full refund;
(c) Reject the proposed change, terminate your Hotel Package Booking and take an alternative one, if we decide to offer this. If you decide to take an alternative Booking, we will inform you of its impact on the price on your Hotel Package Booking. If the alternative Hotel Package Booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with the provisions set out in Section B4 below.
We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the relevant 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 Hotel Package Booking and provide you with a refund.
If you decide to reject the proposed change and terminate your Hotel Package Booking with a full refund, you may also be entitled to compensation in accordance with Section B4 below.
On rare occasions, we may need to cancel your Hotel Package Booking and we reserve the right to do so. If we have to do so, we will notify you as soon as possible. We will also offer you an alternative Hotel Package Booking if we are able to do so and inform you of its impact on the price of your Hotel Package Booking. If the alternative Hotel Package Booking is of a lower quality or cost, you may be entitled to a price reduction in accordance with the provisions of Section B4 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the Hotel Package Booking.
You may also be entitled to compensation as a result of our cancellation of your Hotel Package Booking, except where we are prevented from providing the Hotel Package because of Unavoidable and Extraordinary Circumstances as we notify you of the cancellation without undue delay before the start of the Hotel Package.
Our offer of the above shall constitute your sole remedy against us in respect of a Major Change or our cancellation of the Hotel Package Booking before your arrival.
B2. Changes/Cancellations by You
If you wish to make a change to your Hotel Package Booking after we have issued our booking confirmation, please contact us.
We do not have a legal obligation to make such changes but we may, at our sole discretion, try to accommodate your request. Please understand that it is not often possible for us to do so as changes may depend on availability and the terms and conditions of any supplier.
If we agree to make a change, in certain circumstances we reserve the right to levy an administration charge, per person, for making the required change. This could be substantial and such costs tend to increase the closer to the arrival date that the change is made. Amendment fees will vary from Booking to Booking and will be notified to you upon your request to amend your Hotel Package Booking.
You may transfer a Hotel Package Booking to another person who satisfies all of the conditions applicable to the Hotel Package Booking, subject to you and the other person accepting that you will both be liable, jointly and individually, for the full payment of any balance due to be paid, and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer.
In order to take advantage of this possibility, you must inform us. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days before arrival shall be considered reasonable.
You, or a member of your party, may cancel your Hotel Package Booking at any time by giving us written notice.
Cancellations attract a charge (which will be notified to you when you make your Booking) in order to cover our estimated costs. Please note that certain services could incur a cancellation charge of up to 100% in addition to our cancellation charge.
In addition to the cancellation right set out above, you shall have the right to cancel your Hotel Package before the start of the Booking without paying any cancellation charge in the event of Unavoidable and Extraordinary Circumstances occurring at the destination where the hotel is located, or its immediate vicinity and we have confirmed to you that they will significantly affect the performance of the Hotel Package. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to the Hotel Package Booking but you will not be entitled to compensation or any of the rights set out in the provisions below.
We are not responsible for refunding or meeting any expenses or losses you may incur as a result of changes or cancellations made to a Locally Booked Excursion (as set out in Section C10 below), whether these changes or cancellations are made by you or the provider of the Locally Booked Excursion.
B3. Our Responsibilities for the Performance of the Hotel Package
Your agreement with us is an agreement for services. Where we provide the services, facilities or travel arrangements which make up your Booking, we have a legal duty to use reasonable skill and care in providing them to you. Where we have arranged for third parties to provide the services, facilities or travel arrangements which make up your Booking, we have a legal duty to use reasonable skill and care in making the arrangements for the third parties to provide the services, facilities or travel arrangements to you.
You must tell us immediately of any failure to perform or improper performance ('Failure') of your Hotel
Package. This will give us the opportunity to resolve the Failure during your stay. If we refuse to do so, or if you need the Failure resolved 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 provisions set out below.
If a significant proportion of the services included in your Hotel Package cannot be provided as agreed in the Hotel Package Booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Hotel Package. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your Hotel Package Booking. Where they are of lower quality you will be entitled to a price reduction as described below. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the original Hotel Package 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 the provisions below.
If a Failure substantially affects the performance of the Hotel Package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your Hotel Package or terminate your Booking without paying a termination fee. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with the provisions below.
Please note that the measures set out in Section C6 are those required to manage the risk of COVID-19 as part of a normal safety management system. By making a Booking with us, you agree that their existence shall not be considered as any form of Failure.
B4. Price Reduction and Compensation for Damages
You will be entitled to an appropriate price reduction for any period during which there is a Failure of a service included in your Hotel Package Booking, unless this Failure is attributable to you.
You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure of a travel service included in your Booking except where the Failure is:
(a) attributable to you;
(b) attributable to a third party unconnected with the provision of the services included in the Hotel Package Booking and is unforeseeable or unavoidable; or
(c) due to Unavoidable and Extraordinary Circumstances.
We shall not be liable to pay compensation to you in connection with your Hotel Package Booking where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by us or one of our suppliers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. The extent of our liability will in all cases be limited as if we (being Belmond Ltd. and all companies where it owns from time to time at least 25% of those companies in aggregate) were entitled to the limitations under the appropriate International Conventions. These international conventions include (but are not limited to) 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 arrangements which make up the Hotel Package Booking. Please ask us for copies of these international conventions if you would like to see them.
Our liability to you in connection with your Hotel Package Booking shall be limited to a maximum of three times the cost of your Hotel Package Booking, except in cases involving death, injury or illness where we or our suppliers have caused such damage intentionally or with negligence. This maximum will only be payable when every aspect of your Hotel Package Booking has gone wrong and you have not received any benefit from your Booking. Any sums received by you from the suppliers will be deducted from any sum paid to you as compensation by us.
If you are granted compensation or a price reduction by another party in relation to the same Failure 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.
Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your Hotel Package except in cases involving death, injury or illness where we have caused such damage with negligence.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which, we could not have foreseen you would suffer or incur, unless you provided the relevant information to us during your Booking and prior to our accepting your Booking (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or if you are likely to incur any business losses).
We also cannot accept liability for any damage, loss or expense or other sum(s) of any description which arise out of or are connected with the matters described in Section C6.
We will also not accept responsibility for services or facilities which do not form part of our Booking with you or where they are not advertised in our brochure or on our website.
B5. Prompt Assistance During Your Stay
We shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; by helping you make distance communications and by helping you find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
If you are in difficulty and you need our assistance, please contact any member of staff at the hotel you are staying in, or any of our reservations offices as follows:
UK Reservations Office
Tel: +44 (0)845 077 2222
Singapore Reservations Office
Tel: +800 492 2240
USA Reservations Office
Tel (toll-free): +1 800 524 2420
Tel: +1 843 937 9068
SECTION C – HOTEL ONLY AND HOTEL PACKAGE BOOKINGS
These terms apply to all Bookings:
All Bookings are subject to availability at the time you make your Booking. We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any of the services we advertise will still be available at the time of Booking. We will inform you as soon as possible after placing a Booking if, for any reason, the services you have sought to book with us are not available.
We may change the advertised price of any service 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 arrangements 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 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.
You must check the current price and all other details relating to the services that you wish to book before your Booking is confirmed.
C2. Pricing and Payment
When you have chosen your Booking, you must make a request to us to book it and pay the deposit and balance in the amounts and times confirmed to you at the time of booking. The cost of your Booking does not include any extra chargeable services that you may use whilst at the hotel, unless confirmed at the time of booking.
We are under no obligation to supply you with services which are incorrectly priced, even after we have issued our booking confirmation, 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.
If pre-payment is not required, then payment is due on check-out and can be made by credit card, debit
card, cash (subject to local laws) or by Belmond gift vouchers. On check-in, all reservations will require
pre-authorisation with a credit card to cover incidentals during your stay.
C3. Your Financial Protection
For Hotel Package Bookings made by EEA Customers and UK Customers only.We have arranged full financial protection for your Hotel Package by way of an insurance policy with Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group.
For further information on this insurance policy, including details of how to make a claim (in the event of our insolvency), please see the Appendix at the end of these Booking Conditions.Hotel Only Bookings are not financially protected, nor are Hotel Package Bookings made by customers outside the EEA and the UK.
C4. Disabilities, Reduced Mobility and Medical Conditions
Each Belmond hotel complies with the access requirements of local disability legislation. If you or any member of your party has any medical condition, reduced mobility or disability which may affect your trip, please provide us with full details before we confirm your Booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your Booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
C5. Unavoidable and Extraordinary Circumstances
In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it 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. This may cover for example 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, (including but not limited to pandemics and epidemics), acts, announcements, guidance, decrees or orders by governments or local authorities 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 and other events such as strikes or high/low water levels.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you refunds, price reductions or compensation if our contractual obligations to you are affected by Unavoidable and Extraordinary Circumstances.
We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19.
You acknowledge that laws, regulations and the travel suppliers providing your holiday (such as airlines, train operators, cruise operators, hoteliers and other travel suppliers) may require you and their employees to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. buffet and self-service restaurants may be replaced by a-la-carte, spas and pools may be closed), requirements to pre-book facilities and services, sanitisation and other hygiene requirements.
You also acknowledge that certain travel suppliers, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risks as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and to comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters.
You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return.
We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing. In the UK, the Foreign, Commonwealth & Development Office’s latest advice for travel to other countries is available here .
If you notify us before travelling and we (or the relevant travel suppliers) conclude that you are no longer able to travel because of the COVID-19 risks, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your Booking to a later date, which may incur further charges. It might also be possible for you to transfer your Booking to another person, subject to the terms of transfer set out in these Booking Conditions.
If you notify us during travel, you acknowledge that we or your travel suppliers (or local laws and regulations) may require you to follow certain measures designed to manage the risk of COVID-19 and may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your holiday, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same.
We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe. You are making your Booking in full knowledge that such measures are likely to form part of your trip and do not amount to Major Changes or other changes to your Booking, nor do they amount to any Failure.
We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your Booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.
C7. Resolving Disputes
If anything is not to your satisfaction during your stay please immediately inform us via the details set out below:
Belmond Management Limited
4B Victoria House, Bloomsbury Square, London WC1B 4DA
London WC1B 4DA
within 28 days of the end of your stay, giving your Booking reference and all other relevant information.
Please also inform the relevant hotel manager, who will also endeavour to resolve your problem. If you suffer any loss or damage to your luggage please inform us or the relevant supplier within 72 hours. It is important you advise us as well as the supplier so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your stay promptly so that you can enjoy your stay.
EEA Customers only can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/ This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Please note that a failure to advise of problems during your stay, as described above, deprives both us and the suppliers of the opportunity to investigate and rectify your complaint during your stay and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
From the time of booking, you must have adequate travel insurance to cover your (and your group’s) arrangements for the countries and the activities which you will be undertaking. Your travel insurance should also include cover against COVID-19 and other health related incidents which may affect or curtail your Booking. It is a condition of your booking that you have such suitable insurance in place. Any liability which we may have to you shall not be increased as a result of your choice to travel without adequate insurance cover.
For Hotel Package Bookings, it is a condition of your Booking that you have suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday. You should contact us to discuss this if you do not already have insurance in place.
It is important that all guests behave responsibly and with consideration for others during their stay with us and not to disrupt the enjoyment of other Guests. Accordingly, to the extent that we, or one of our suppliers, believe that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our suppliers or other Guests, then we may cancel your Booking (or require you to leave the hotel or cease participating in the service in question) without further liability to you. In these circumstances, the provisions in Sections A and B concerning changes and cancellation by us shall not apply.
Full payment for any such damage or losses must be paid directly to us or the applicable supplier prior to your ejection from the service in question. In the event that your behaviour (or any articles carried by you) causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you. We cannot be held responsible for the actions or behaviour of other Guests or individuals who have no connection with your Booking with us.
We have a strict policy against the use of our hotels for the commission of criminal offences (including but not limited to the taking of drugs, prostitution and/or human trafficking). We reserve the right to eject/refuse entry to any person and to alert the relevant authorities, if (acting reasonably) we suspect our hotels may be used for such a purpose.
C10. Locally Booked Excursions and other Third Party Services
It may be possible for you to book a local excursion or other third party services during your trip, such as a local tour, experience, concert, activity, sports, adventure experience or any other service or facility which your hotel or any other supplier agrees to provide for you which do not form part of your booking or were not advertised in our brochure or on our website. For example, any excursion you book (other than with us) or you ask us to book on your behalf before or while on the trip, any service or facility which your hotel or any other supplier agrees to provide for you, any doctor, dentist or other medical attendant called to attend to you during the trip and any services, products or transportation not provided by us (collectively, in these Booking Conditions, we shall refer to these as “Locally Booked Excursion(s)”).
These Locally Booked Excursion(s) will be bookable and payable by you locally or via us (if we are instructed by you to act as an agent on your behalf). You will be entering into a contract directly with the provider of the Locally Booked Excursion, not us, and the Locally Booked Excursion shall not form a part of your booking or any contract with us. The Locally Booked Excursions will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a Locally Booked Excursion or any other service or facility which your hotel or any other supplier agrees to provide to you. We shall not be held responsible to reimburse any expenses, costs and charges imposed upon you by the provider of the Locally Booked Excursion under their contract with you.
If you cancel your Locally Booked Excursion with the provider of the Locally Booked Excursion, or the Locally Booked Excursion is cancelled because your booking has been cancelled, you shall reimburse us for any deposits, cancellation costs or other expenses we incur in respect of booking such services on your behalf. To the extent that we hold funds on your behalf which would otherwise be returnable to you, we shall be permitted to use these funds to meet these charges and expenses.
We have translated the original English version of these Booking Conditions into other languages, for our Guests’ convenience. However these translations are not intended to confer any rights not conferred by the English version and in the event of any inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall prevail. The English version is available upon request to email@example.com.
C12. Governing Law, Jurisdiction and Mediation
These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation.
EEA Customers may, however, choose the law and jurisdiction of the EEA State in which they live.
C13. Brexit Event and Your Booking with Us
On 31 January 2020, withdrew from the European Union (“EU”) pursuant to Article 50 of the Treaty of the European Union, otherwise known as “Brexit”. On 31 December 2020, the transition period ended.
In light of these changes, there is a risk that Brexit may have a substantial adverse impact on our or any travel suppliers’ ability to perform your Booking (“Brexit Event”).
For customers who have yet to start their Hotel Only Booking or Hotel Package Booking, our obligations to you under your Booking are conditional upon there not being a Brexit Event. If, in our reasonable opinion, a Brexit Event has occurred, we will inform you as soon as possible in writing, upon which we will both be relieved of any further obligations in relation to the Booking. If this happens, we will return to you any payments you have made in respect of your Booking, which shall be the full extent of our obligations to you. We will not compensate you for a Brexit Event.
For customers who have already departed, clauses A.3 and B.3 will apply to any Brexit Event concerning your Booking.
C14. Assignment of claims
In the event that you or any other individual on behalf of whom you have made a Booking has a direct legal claim against a supplier, in connection with a Booking, for a refund, compensation or other loss or damage, and we agree to pay such sum to you (whether as a result of a concurrent legal obligation which we have to you or otherwise), you agree that upon such payment being made you shall assign your rights, title, interest, and benefit in and to such legal claims to us upon our request.
You agree that you will not assign or otherwise transfer any of your legal rights or claims against us which arise out of or are in connection with your Booking or these Booking Conditions except as otherwise permitted in these Booking Conditions.
C15. Prohibited Individuals
If you (or any other individual included in your Booking) is or becomes at any time a “Sanctioned Person” (as defined below) or is otherwise identified by a governmental authority, having jurisdiction over properties owned and/or operated by the Belmond Group as a person with whom the Belmond Group is prohibited from transacting business with, we shall have the right to cancel your Booking without incurring any liability to you (or any other individual included in your Booking). We will only be required to provide you with a refund where we are permitted to do so under applicable laws.
“Sanctioned Person” means a person or entity (a) included on any of the lists issued or maintained, amended, supplemented or substituted from time to time by the UK, US, EU, any EU Member State, the United Nations and/or any other government authority worldwide (and in each case their respective judicial or regulatory institutions, agencies, departments and authorities) designating or identifying persons or entities that are subject to sanctions or restrictive measures, or (b) otherwise identified by the UK, US or EU or EU Member State, United Nations and/or any other government authority worldwide (and in each case their respective judicial or regulatory institutions, agencies, departments and authorities) as being subject to sanctions and/or restrictive measures.
C16. General Conditions
The various paragraphs set out in these Booking Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your Booking.
These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.
If you have any queries about these Booking Conditions, please contact our UK contact centre before making a Booking.
Special Clauses for Russia
These special clauses apply if you reside in Russia. These special clauses supersede all other provisions of the Booking Conditions.
Under the Booking Conditions, Belmond undertakes to forward your booking details, including personal data, to the relevant hotel. Belmond also undertakes to process your booking details via a booking system and/or a call centre that may be located in any country in the world at Belmond’s choice. Your data will be forwarded to the relevant hotel only after you have made the payment due on booking and we have issued our booking confirmation to you.
You hereby consent that we may instruct the said hotels and other companies of Belmond Group to process your personal data on our behalf.
Special clauses for booking Sun loungers at Bagni Fiore (‘Bagni Fiore Clauses’)
These special clauses only apply for Bookings of Sun loungers at Bagni Fiore. Save to the contrary in this section, the Terms and Conditions above shall apply. However, where there is conflict between the Terms and Conditions and these Bagni Fiore Clauses, the Bagni Fiore Clauses shall prevail in relation to bookings for Sun-loungers.
In this section, the following terms shall have the following meaning:-
'Booking(s)' means a reservation of one of more sun-loungers at Bagni Fiore by a Guest/Lead Guest made either (i) in person at Bagni Fiore; (ii) by telephone on +39 0185269673; or (iii) by emailing firstname.lastname@example.org; and
‘Sun-loungers’ means the sun loungers at Bagni Fiore.
Pricing and Payment
The currency for payment of any Booking shall be Euros (€) and all Bookings are inclusive of VAT. We require pre-payment of the full Booking fee in advance in order to secure the Booking. Payment shall be made by credit card, debit card, bank transfer or cash (subject to local laws). We shall confirm the Booking by providing you with written confirmation by email.
The cost of your Booking does not include any extra chargeable services that you may use whilst at a Belmond Group property, unless confirmed at the time of booking.
If We Change or Cancel Your Booking
From time to time we may need to make a change to your Booking. We reserve the right to do so at any time. We may either change the date or time slot of your Booking, the location of the Sun-lounger you have booked or cancel the Booking. Where you are notified of a change to the Booking date, time or location we will try to give you a reasonable period, and at least 5 days, from notification to make your decision. 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 Booking and provide you with a refund. Where you accept the change, we will email you written confirmation of the change. Where you reject the proposed change, the Booking will be terminated and you will be entitled to a full refund.
By accepting our Booking Conditions, you acknowledge and agree that our refund of the Booking fee is in full and final settlement of the cancellation, and that we are not responsible for refunding or meeting any expenses or losses you may incur as a result of changes or cancellations.
If You Change or Cancel Your Booking
If you or any other member of your party decides to cancel a confirmed Booking, you must do so no later than 5 days before the date of your confirmed Booking. You will be entitled to a full refund or to change your Booking date to an alternative date of your preference . However, we cannot guarantee that there will be sun-loungers available on your requested date but we will try to book them for you subject to availability.
If you cancel between five (5) and two (2) days before your confirmed Booking date, you will be entitled to 50% of the Booking fee.
However, if you cancel within 48 hours of your confirmed Booking, you will be charged a cancellation fee of 100% of the Booking fee. For the avoidance of doubt, we will not refund any Booking fees for cancellations due to Unavoidable and Extraordinary Circumstances, including but not limited to bad weather conditions.
© 2023 Belmond Management Limited registered in England and Wales with no. 01680876 having its registered office at 4B Victoria House, Bloomsbury Square, London WC1B 4DA, UK© 2023 Belmond Luxury Travel Limited registered in Ireland with no. 538767 having its registered office at 13-18 City Quay, Dublin 2, Dublin, Ireland
Insurance Policy Information for UK and EEA Customers
PASSENGER PROTECTION POLICY FOR INSOLVENCY COVER IN RESPECT OF THE PACKAGE TRAVEL REGULATIONS
If you have booked Package Travel then an insurance policy has been arranged by the relevant Policyholder (as described in the table below) at their expense in the event of their insolvency.
The person(s) named on the booking confirmation and Deposit Receipt will be reimbursed subject to Policy and Conditions in respect of their net ascertained financial loss sustained arising from cancellation or curtailment of their travel arrangements that constitute a Package Holiday due to the insolvency of the Policyholder.
The Insurer (see the table below) will reimburse the Insured Person(s) (i.e. the EEA Customers or UK Customers) in respect of:
1. Loss of deposit(s) or charge(s) paid in advance by the Insured Person(s) to the Policyholder
2. Additional costs reasonably and necessarily incurred following curtailment of the travel arrangements to enable the Insured Person(s) to either:
a. Continue with and complete the Scheduled Travel Arrangements. Liability hereunder is limited to the additional cost incurred by the Insured Person(s) in securing accommodation of the same or similar standard as enjoyed prior to the curtailment of the travel arrangements.
b. Return to their original contracted country of departure. Liability hereunder limited to the additional cost incurred by the Insured Person(s) in respect of the same or similar standard of transportation as enjoyed prior to the curtailment of the travel arrangements.
HOW TO MAKE A CLAIM – ONLY IN RESPECT OF INSOLVENCY OF THE POLICYHOLDER
Things you must do
You must comply with the following conditions. If you fail to do so, the Insurer may not pay your claim, or any payment could be reduced.
1. You must notify IPP as soon as practically possible using the details below:
You must give full details of what has happened, quoting the name of the Policyholder and the relevant Reference Number above.
2. You must provide IPP with any other information it may require.
3. You must take all reasonable care to limit any loss.
Defence of claims
The Insurer may, at its discretion:
• take full responsibility for conducting, defending, or settling any claim in your name; and
• take any action it considers necessary to enforce your rights or its rights under this insurance.
1. If you make a fraudulent claim under this insurance, the Insurer:
(a) is not liable to pay the claim; and
(b) may recover from you any sums paid by the Insurer to you in respect of the claim; and
(c) may by notice to you treat this insurance as having been terminated with effect from the time of the fraudulent act.
2. If the Insurer exercises its right under clause 1. (c) above:
(a) The Insurer shall not be liable to you in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is whatever gives rise to the Insurer’s liability under this insurance (such as the occurrence of a loss, the making of a claim, or the notification of a potential claim); and
(b) the Insurer need not return any of the premiums paid.
HOW TO MAKE A COMPLAINT
For UK Customers and EEA Customers:
Please quote your policy and/or claim number.
If after making a complaint you are still not satisfied you may be entitled to refer the dispute to an independent organisation. This will depend on where you are based, please see below.
For Policyholders and Insured Persons based in the UK
The Financial Ombudsman Service
The Financial Ombudsman Service is a free and impartial service, who may be contacted at:
London, E14 9SR
Tel: 0800 023 4567
To confirm whether you are eligible to ask the Financial Ombudsman Service to review your complaint find out more at www.financial-ombudsman.org.uk
For Policyholders and Insured Persons based in the EU
ODR Complaints Service
If you were sold this product online or by other electronic means and within the European Union (EU) you may refer your complaint to the EU Online dispute Resolution (ODR) platform.
Upon receipt of your complaint the ODR will escalate your complaint to your local dispute resolution service – this process is free and conducted entirely online. You can access the ODR platform on http://ec.europa.eu/od
For Policyholders and Insured Persons based in Switzerland
The Swiss Ombudsman of Insurance, who may be contacted at:
Ombudsman of Private Insurance and of Suva
Tel: 044 211 30 90
To confirm whether you are eligible to ask The Swiss Ombudsman of Insurance to review your complaint find out more at www.ombudsman-assurance.ch
Alternatively, as Liberty Mutual Insurance Europe SE is a Luxembourg insurance company, all Insured Persons and Policyholders are also entitled to refer the dispute to any of the following dispute resolution bodies in Luxembourg:
Commissariat aux Assurances, who may be contacted at:
7, boulevard Joseph II,
Tel: (+352) 22 69 11 – 1
Email: email@example.com - www.caa.lu
Service national du Médiateur de la consommation (this is for individual consumers only), who may be contacted at:
Ancien Hôtel de la Monnaie,
6, rue du Palais de Justice,
Tel: (+352) 46 13 11
Email: firstname.lastname@example.org - www.mediateurconsommation.lu
Médiateur en Assurances, who may be contacted at:
12, rue Erasme,
Tel: (+352) 44 21 44 1
Any information you have provided will be dealt with by the Insurer in compliance with the provisions of the Data Protection Act 1998. For the purposes of providing this insurance and the handling of any claims or complaints, IPP may need to transfer certain information which you have provided to other parties.
The Insurer will not provide any benefit under this insurance to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.
No title right or interest under this policy may be assigned, transferred, conveyed, or otherwise disposed of without the Insurer’s consent in writing. Any attempt to assign rights of interest without the Insurer’s written consent is null and void.
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