Booking Conditions

These Booking Conditions, together with our privacy policy, website terms of use and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Cheeky Butler Marbella Banus, a trading name of CHBMB, whose registered office is at Calle Borodin Nº 4 29011 Málaga (“CBMB”, “we”, “our” or “us”). Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions references to ‘you’ and ‘your’ include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

For all arrangements, your contract will be with the supplier of the arrangements in question. When making your booking we will arrange for you to enter into a contract with the applicable Supplier of the arrangements. Your booking with us is subject to these Booking Conditions and the specific booking conditions of the relevant Supplier you contract with and you are advised to read both carefully prior to booking. The Supplier’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions are available on request from us.

Except where otherwise specified, we act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any Supplier or other person(s) or party(ies) connected with any arrangements.

By making a booking the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
a. you have read the terms and conditions set out above and below and agree to be bound by them;
b. you consent to our use of your information in accordance with our Privacy Policy; and
c. you are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.

1. Booking and payment
All bookings are made and accepted as a group booking and the person placing the booking who takes responsibility for the reservation is the “Group Leader”. When you make a booking the Group Leader guarantees that they have the authority to accept and do accept on behalf of their group these booking conditions.

The Group Leader is responsible for collecting the deposit for the booking from all group members within 14 days from the date the booking is first made. You confirm by paying the deposit on behalf of the individuals within the group that you (as Group Leader) have all the necessary consents from those individuals in the group.

Once we have checked that the booking has been made in accordance with these Booking Conditions, your booking will be confirmed and a contract between you and the Supplier will exist. We will send confirmation of the completed booking to you. You will be required to check the booking thoroughly.

Important note: The price quoted to you at the telephone booking stage is an overall price for the group based on the number of passengers stated at the time. If at the Confirmation Date the size of your group is smaller than originally stated we will do our best to reduce the price accordingly, however due to group discounts, room supplements, minimum number supplements and shared costs that may be applicable to your bookings with the Supplier, any reduction may not be equivalent to the per person price of non-attendees. As Group Leader it is your responsibility to ensure your group is aware of this before confirming their attendance.

Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you; this will usually be 4 weeks prior to the commencement of your arrangements; but if the Supplierof your particular arrangements apply different payment terms, we will advise you at the time of booking.

If full payment is not received by the balance due date, we will notify the Supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the Supplier concerned, all monies you pay to us for arrangements will be held on behalf of the Supplier concerned.

Payments are accepted by credit card, paypal, debit card or bank transfer and you will receive an e-receipt for payments to the email address provided by the Group Leader. We do not accept cheques.

2. Prices and Accuracy
Changes and errors sometimes occur and we, on behalf of the Supplier, reserve the right to amend advertised prices at any time or correct errors in confirmed prices where necessary. Information and prices shown on our website may have changed by the time you come to book your arrangements.
Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.

3. Free/Discounted Place Offers
At our discretion we may offer free places or discounts, depending on group size and what has been booked. Please see the important note in clause 1 regarding cancellations and discounts.

4. Insurance
You are strongly recommended to take out personal travel insurance for all members of your party. Some Supplier require that you do so. Travel insurance is not included in the price of your booking. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.

Some of the activities offered by our suppliers are not without risks and participation is entirely at your own discretion, so please satisfy yourself you are adequately fit and able before participating. All participants must wear safety clothing or equipment such as may be required by any Supplier of any activity undertaken by you. You must follow the instructions given to you by the relevant Supplier at all times.

5. Special requests
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier, but we can’t guarantee that they will be met and we will have no liability to you if they are not.

6. Changes and Cancellations by you
Any cancellation or amendment request must be sent to us by the Group Leader in writing, and will be acted upon immediately on the day we receive it. Once received, we will pass on your request to the Supplier, who will then confirm whether or not it is possible to meet your request. Please ensure that you have received written confirmation of any changes to your booking prior to travel.

Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier of your arrangements.
Please note that if your group size changes due to cancellations then the overall price of your arrangements may not vary, but the price per person may increase accordingly. (see the note in clause 1)

The Supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). We will levy these charges on behalf of the Supplier. You will be notified of the exact charges at the time of amendment or cancellation.

7. Changes and Cancellations by the Supplier
We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.

8. Our responsibility for your booking
Your contract is with the Supplier and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

9. Visa, passport and health requirements
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens, or members of the European Union, who hold or will hold full passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the Supplier of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.

10. Complaints
If you have a problem whilst on holiday, this must be reported to the Supplier immediately, keeping us informed at all times. If you fail to follow this procedure there will be less opportunity for the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the Supplier. Because the contract for your arrangements is between you and the Supplier, any queries or concerns should be addressed to them but they should be sent c/o us and emailed to info@cheekybutlermarbellabanus.com. We are authorised to liaise with the Supplier in order to rectify any complaints. Please note that all assistance we give regarding complaints is provided on a goodwill basis in our capacity as agent. You will see the Supplier name and contact details in any confirmation documents we send you.

11. Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier. These are intended to give a guide to the services and facilities you should expect. Standards and ratings may vary between countries, as well as between Suppliers. We cannot guarantee the accuracy of any ratings given.

12. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier in question and are intended to present a general idea of the services provided by the Supplier in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services, please contact us.

16. Force Majeure
Force majeure means that neither we nor the Supplier will be liable to pay you compensation if we have to cancel or change your booking in any way because of unforeseeable circumstances beyond our control. These can include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather, sea and ice conditions, heavy traffic delays.

17. Law and Jurisdiction
Being a Spanish company we are not ABTA or ATOL registered as these are organisations that apply to UK companies arranging flights as part of a package holiday.

These Booking Conditions and any agreement to which they apply are governed in all respects by Spanish law. Any dispute, claim or other matter which arises between us out of or in connection with your booking will be dealt with exclusively by the Courts of Spain.