Booking conditions – Oceanbeds.com


1. General

Ocean Holiday Limited (Company No. 08573713), whose registered address is at North House, St. Edwards Way, Romford, Essex, RM1 3AE and trading as Oceanbeds.com, acts as a booking agent for property management companies.

For the avoidance of doubt any activity undertaken by Ocean Holidays, whether directly or indirectly, shall only be conducted as booking agent for property management companies.

By making a booking, you agree that you have read these terms and conditions and you have the authority to and do agree to be bound by them. No other terms, representations, information or advice given in writing or orally will form part of this contract.

Once we have received your booking, we will subject to availability, confirm your arrangements on behalf of the property management companies we work with.

We do not sell or offer for sale any “packages” or act as an “organiser” within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make.

While Ocean Holidays seeks to source accommodation from reputable companies, Ocean Holidays acting as booking agent does not accept any liability in respect of any regulatory or local approvals the property management companies are responsible for obtaining, including but not limited to, local operating licences, and health and safety audits.

You must advise your customer of all relevant information relating to the arrangements made with Ocean Holidays prior a booking being made. You must also advise the customer prior to making the booking in question that the booking is subject to the terms of condition of Oceanbeds and that by making the booking the customer will be deemed to have accepted those booking conditions.

2. Trade Customer's liability

The Trade Customer agrees to indemnify, defend at its own expense and hold harmless Ocean Holidays from any and all liabilities, costs, expenses, damages and losses (including, but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) arising directly or indirectly from the Trade Customer’s breach or negligent performance or non-performance of this Agreement, or any breach of tort (including but not limited to negligence), or any claims arising out of the Bookings and/or any customer claims (including but not limited to claims for death or personal injury), or any negligent performance or non-performance on the part of the property management companies.

The Trade Customer shall maintain adequate public liability/tour operators’ liability insurance for the duration of this Agreement. Ocean Holidays reserves the right to request a copy of the insurances held by the Trade Customer at any time during the period of this Agreement.

The Trade Customer agrees to comply with any regulatory requirements and/or government approvals and/or trade body regulations in force, and as amended from time to time, required to carry on business, including but not limited to, the ATOL Regulations 2012, the Package Travel Regulations 1992 and the ABTA Code of Conduct (if applicable).

3. Ocean Holidays’ liability

If, in Ocean Holidays’ opinion, the Trade Customer has provided sufficient proof to demonstrate that Ocean Holidays has failed to book the Accommodation Arrangements correctly, Ocean Holidays shall assist the Trade Customer to rectify the error and may pay compensation. Any compensation payable will be determined by Ocean Holidays on a case by case basis and will be limited to the cost of the Accommodation Arrangements in question.

4. Ocean Holidays will not be responsible: -

(a) where the Accommodation Arrangements cannot be provided or cannot be provided as described due to circumstances beyond Ocean Holidays’ or the property management companies’ control;

(b) for unforeseeable or consequential losses;

(c) for any information about the accommodation that Ocean Holidays passes on to the Trade Customer in good faith which the Trade Customer fails to act upon or advise their client.

5. Amendments and Cancellations made by Ocean Holidays

If Ocean Holidays makes a major change or cancels the Accommodation Arrangements, directly or on behalf of the property management companies, and provided there is sufficient time to do so prior to the commencement of the Accommodation Arrangements, Ocean Holidays will offer the choice of:

i) accepting the alternative Accommodation Arrangement presented; or

ii) receiving a refund of all monies paid in respect of the changed or cancelled Accommodation Arrangement; or

iii) accepting an offer of alternative Accommodation Arrangements of a standard comparable to the Accommodation Arrangements booked, if available.

For the avoidance of doubt, “major changes” are described as changes made prior to the commencement of the Accommodation Arrangements in the following circumstances. All other changes will be considered “minor changes”:

i) a change of accommodation area for the whole or a significant part of the duration of the Accommodation Arrangements occurs; and/or

ii) a change of accommodation to that of a lower standard or classification for the whole or a significant part of the duration of the Accommodation Arrangements occurs.

The above sets out the maximum extent of Ocean Holidays’ liability for changes and cancellations. Ocean Holidays cannot meet any claims for expenses or losses incurred as a result of any change or cancellation.

Where Ocean Holidays notifies a Trade Customer about an amendment to Accommodation Arrangements, the Trade Customer must immediately inform the lead client of the amendment. The Trade Customer agrees to ensure that any instruction given by Ocean Holidays is provided to the lead client.

6. Amendments and Cancellations made by Trade Customer

Ocean Holidays will only act upon any cancellation and/or amendment requests made by Trade Customers subject to such requests being made in writing.

Unless superseded by commercial terms all cancellation requests within 30 days of departure will be at full cost.

All amendments remain subject to availability.

7. Errors Made by Trade Customer during the Booking Process

In the event that any errors or omissions are made by the Trade Customer or its Clients, the Trade Customer is required to immediately notify Ocean Holidays in writing within 24 hours of the error being made. Ocean Holidays will attempt to make the necessary amendments to the Accommodation Arrangements which shall remain subject to availability and cannot be guaranteed.

Any amendments to Accommodation Arrangements where an error or omission has occurred will be subject to Agreement of the property management company in question, subject to availability and subject to charge in accordance with your commercial terms.

8. Circumstances beyond our control

Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

9. Pricing and Payment terms

Both parties agree that the services provided by Ocean Holidays to the Trade Customer will be subject to pricing in accordance with the rates on oceanbeds.com or via our XML.

Payment is required to be paid to Ocean Holidays on a monthly basis. Upon receipt of any invoice payment is required within 10 days. Full payment terms are detailed in your commercial terms.

Where payment is made by the Trade Customer to Ocean Holidays the Trade Customer will be liable to pay any bank charges or fees linked to the payment.

In the event of late payment Ocean Holidays reserves the right to cancel the Accommodation Arrangements in question.

10. Special Requests

The Trade Customer accepts that ‘special requests’ are not guaranteed and therefore must inform their Clients that a request cannot be guaranteed, remains subject to availability and at the discretion of the property management company in question.

All ‘special requests’ must be made in writing to Ocean Holidays in a prompt manner and must be accurately detailed.

11. Complaint process

In the event of any problems in resort the client of the Trade Customer is required to bring the matter to the attention of Ocean Holidays via the ‘Welcome Centre’ or 24-hour telephone line. Upon being made aware of a problem in resort, Ocean Holidays will inform the property management company in question and request their assistance.

If the problem in resort in not resolved locally, the client of the Trade Customer is required to put their complaint in writing to the Trade Customer with all supporting evidence, which the Trade Customer will forward to Ocean Holidays. Upon receipt of the complaint, Ocean Holidays will investigate the issue raised with the property management company in question and formally respond to the Trade Customer.

The Trade Customer will be required to pass the formal comments of Ocean Holidays and property management company on to their client and make every effort to ensure the complaint is closed to the mutual benefit of the Trade Customer, Ocean Holidays and the property management company.

The actions of Ocean Holidays in handling complaints should in no way be construed as acting in any capacity other than as a booking agent for property management companies.

All complaints should be received within 28 days of the Trade Customer’s client’s departure from resort. Failure to notify Ocean Holidays in this time period may invalidate any complaint made thereafter.

If the event that a Trade Customer’s client fails to contact the ‘Welcome Centre’ or 24-hour telephone line, Ocean Holidays and the property management company in question reserve the right to refuse the complaint and will not accept any liability for the complaint in view of the client’s failure to provide Ocean Holidays with the opportunity to rectify any complaints during their stay.

12. Minimum booking age

The Trade Customer will not process any booking where the Customer seeking to book is under the age of twenty-five, unless a member of the travelling party is over twenty-five in which case the booking should be made under that person’s name.

13. Errors and Omissions

Whilst every effort is made to ensure pricing and product descriptions is accurate there may be occasions where errors or omissions occur. Upon notification we will do our best to correct such errors and omissions as quickly as possible.

Where price differences occur we reserve the right to cancel the booking with a full refund, offer the booking at the correct price or offer a suitable alternative.

14. Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

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