YOUR CONTRACT - PLEASE READ THIS CAREFULLY
BEFORE YOU BOOK
These booking terms and conditions govern all bookings that you make
with Southall Travel Limited of Palmoak House, 19 South Road, Southall,
Middlesex UB1 1SU. They vary depending on whether you make
a booking with us for a package holiday or flight only, accommodation
only or other separate travel arrangements, ("Individual Components").
If you book Individual Components with us, we will make the booking
as agent for the relevant supplier(s) (e.g. the airline or hotel
supplier) and your contract will be subject to the supplier's own
terms and conditions which could limit or exclude liability to you,
often in accordance with international conventions. Copies of the
supplier's terms and the international conventions are available
on request. If you book a package holiday, your contract will
be with Southall Travel Limited. Please see the terms which
apply to package holiday contracts which follow these website agency
terms and conditions.
No contract will come into existence between us until we accept your
booking and we receive your deposit or full payment in cleared funds.
We reserve the right to refuse, at our sole discretion, any booking.
For online bookings, the contract will come into existence upon acceptance
of the booking conditions presented at the end of the booking process
and once we have received your deposit or full payment in cleared
funds.
All services offered are subject to availability.
When you make a booking, you confirm that you have the authority
to accept, and do accept these conditions on your behalf and on behalf
of all members of your party and further, if you are making a booking
for more than one person, that you are responsible for all payments
due from each and every party member for whom you are making a booking.
It is your responsibility to ensure that any information which you
give us is accurate and that information which is given to you by
us or any of our suppliers is passed on to all members of your party.
DATA PROTECTION POLICY
In order to process your booking and to ensure that your travel arrangements
run smoothly and meet your requirements, we need to use the information
you provide such as name and address, and any special needs/dietary
requirements, etc.
We take full responsibility for ensuring that proper security measures
are in place to protect your information. We must pass the
information on to the relevant suppliers of your travel arrangements
such as airlines, hotels, transport companies, etc. The information
may also be provided to security or credit checking companies, public
authorities such as customs and immigration if required by them,
or as required by law.
Additionally, where your holiday is outside the European Economic
Area (EEA), controls on data protection in your destination may not
be as strong as the legal requirements in this country. We will not,
however, pass any information on to any person not responsible for
part of your travel arrangements. This applies to any sensitive
information that you give to us such as details of any disabilities,
or dietary or religious requirements. If we cannot pass this
information to the relevant suppliers, whether in the EEA or not,
we cannot provide your booking. In making this booking, you consent
to this information being passed on to the relevant persons.
BOOKING YOUR TRAVEL ARRANGEMENTS
Bookings made online
If you book online, you must provide us with all information which
we require. You must also ensure that the credit or debit card you
are using is your own (or, subject to our agreement, if it is a third
party's you have their express authorisation, to use their credit
or debit card) and that sufficient funds are available to cover the
cost of the arrangements which you book with us.
When we receive and accept your booking we will send you a confirmation e-mail
and invoice and debit payment from you.
We do not make any representation or warranty as to the availability
of any package holiday, flight or Individual Components nor that
our booking services are free from infection of viruses or anything
else that has a contaminating or destructive effect on your property.
Bookings made by telephone
If you make a booking by telephone you must provide us with all information
which we require. You must also ensure that all information which
you provide is accurate and that the credit or debit card you are
using is your own or, subject to our agreement, if it is a
third party's you have their express authorisation to use their credit
or debit card and that sufficient funds are available to cover the
cost of the arrangements which you book with us.
If we accept your booking, we shall debit payment from you and send
you a confirmation invoice. From this point cancellation charges
will apply: Please note that a telephone booking confirmation
is as firmly confirmed as if it were made/confirmed in writing immediately. As
soon as you receive the confirmation, please check the details carefully
and inform us immediately if anything appears to be incorrect as
it may not be possible to make changes later.
PAYMENTS
You must pay the balance by the due date shown on the confirmation
invoice. Please note for some telephone bookings full payment may be
required IMMEDIATELY i.e. before you receive our confirmation invoice. If this
applies you will be advised when the booking is made. It is very important
that you pay balances when due because failure to do so may lead to the cancellation
of your holiday/flights and still leave you liable to pay cancellation charges. Where
an extra “booking charge” applies this will have been advised at
the time of booking. All credit/charge card payments are subject to
a surcharge. All cheque payments require 7 days to clear. Until
full payment has been received the price of your booking may increase as a
result of fuel or other surcharges which may be imposed by suppliers. Please
note we do not accept responsibility for cash sent by courier or post, even
if sent by registered or recorded delivery post or any other special delivery.
PASSPORTS, VISA AND HEALTH REQUIREMENTS - You are responsible for checking
all these items and ensuring your travel documents are in order
Passport and Visa: You must consult the relevant Embassy or Consulate
for this information. Requirements may change and you should check for up-to-date
position in good time before booking/departure. We accept no liability if
you are refused entry onto the flight or into any country due to failure
on your part to carry the correct passport, visa or other documents required
by any airline, authority or country. You must have a passport which is valid
for six months after your intended date of return. You must ensure you have
correct visa and health entry requirements for all countries visited including
countries you may just be transiting through. This includes all stops made
by the aircraft even if you do not leave the aircraft or airport. USA note: Security
and entry requirements have been increased. Please enquire with the
US authorities about the requirements which apply to you before you book.
- Health: Recommended inoculations for travel
may change at any time and you should consult your doctor on
current recommendations before you depart. Health requirements
for your holiday destination are outlined in the Department of
Health leaflet entitled “The Traveller's Guide to Health” (T4),
which is available by calling 0800 555 777. It is your responsibility
to ensure that you obtain the recommended inoculations, take
all recommended medication and follow all medical advice in relation
to your trip.
SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special requests, please advise us at time of booking.
Although we will endeavour to pass any such requests on to the
relevant supplier, we regret we cannot guarantee any request
will be met. Failure to meet any special request will not be
a breach of contract on our part. If you have any medical problem
or disability which may affect your arrangements, you must advise
us in writing before of booking giving full details. Regrettably,
many overseas destinations do not have even basic facilities
required by disabled travellers. If we feel unable to
properly accommodate your particular needs, we must reserve the
right to decline/cancel your booking.
BEHAVIOUR
When you book with us, you accept responsibility for
any damage or loss caused by you or any member of your party. Payment
for any such damage or loss must be made at the time direct to
the accommodation owner or manager or other supplier. If you fail
to do so, you must indemnify us against any claims (including legal
costs) subsequently made against us as a result of your actions
We expect all clients to have consideration for other people. If
in our reasonable opinion or in the opinion of any other persons
in authority you are behaving in such a way to cause or to be likely
to cause distress, danger or annoyance to any third party or damage
to property, we reserve the right to terminate your arrangements
without notice. In this situation your total booking with us, including
your return transportation arrangements, will immediately cease
and we will not be responsible for paying any costs, expenses,
refunds or compensation.
FORCE MAJEURE
- We accept no responsibility for and shall not be liable in
respect of any loss or damage or alterations, delays or changes
arising from unusual and unforeseeable circumstances beyond our
control, such as war or threat of war, civil strife, industrial
dispute including air traffic control disputes, terrorist activity,
natural and nuclear disaster, fire or adverse weather conditions,
epidemic, technical problems with transport, closure or congestion
of airports or ports, cancellations of schedules by scheduled
airlines. You can check the current position of any country by
telephoning the Foreign and Commonwealth Office’s Travel
Advice Unit on 0845 850 2829
FLIGHTS AND FLIGHT TRAVEL DOCUMENTS
Please note that a flight described in your flight ticket as "direct" will
not necessarily be non-stop.
All departure/arrival times on your flight ticket are provided
by the airlines concerned and are estimates only. They may change
due to air traffic control restrictions, weather conditions, operational/maintenance
requirements and the requirement for passengers to check in on
time.
We are unable to make any special arrangements for you if you are
delayed; these matters are at the sole discretion of the airline
concerned.
In relation to flights, an infant must be under 2 years of age
on the date of their return flight to be entitled to the infant
fare level which is usually 10% of IATA's published fare.
Please note that where a sector of a flight itinerary is not utilised
without contacting the carrier directly any remaining sectors may
be subject to cancellation without further notification. Where
this situation arises we are unable to accept responsibility for
any costs incurred.
In accordance with EU regulations we are required to bring to your
attention the existence of a 'Community list', which contains details
of air carriers that are subject to an operating ban within the
EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air/safety/flywell_en.htm.
- We reserve the right to change the airline in the event that
the airline is blacklisted under the EU regulations. Any changes
to the actual airline after you have received your tickets will
be notified to you as soon as possible and in all cases at check-in
or at the boarding gate.
RECONFIRMING ALL FLIGHTS
You must telephone us or the airline at least 72 hours before the
departure time shown on your ticket to confirm that there have
been no changes. This applies to both outbound and return
flights. We will not be liable for any additional costs
due to your failure to reconfirm flights. Reconfirming your flight
at least 72 hours before departure is a minimum requirement.
TRAVEL DOCUMENTS CHECKING AND DESPATCH
It is your responsibility to check that all travel documents issued
are correct. The address for all documentation will be that given
at the time of booking. Documents will normally be despatched 7
days before departure. For bookings made within 14 days of
departure it may be necessary for you to collect your air tickets
at the airport at an extra charge. Any other vouchers will be posted/faxed
to you direct. Scheduled airline tickets are sent by Royal
Mail first class post. In the event of ticket loss or delay, it
will be your responsibility to pay additional expenses incurred
by us to arrange and post duplicate tickets. Guaranteed next day
delivery can be arranged at additional cost, which can be advised
at time of booking. LATE BOOKINGS may also require
Special/Courier delivery of documents in which case we will tell
you the charges at the time of booking.
SPECIAL PRICE GUARANTEE
For all scheduled flights, if you can get a cheaper flight on the
same carrier and departing at the same day and time on the same
route within 24 hours of making the booking with us (as time and
date on your invoice) we will match the price (written proof required)
or if we cannot we will refund your deposit. If you require the
ticket within 24 hours the above does not apply. Fares are subject
to change without prior notice.
INSURANCE
We strongly recommend that you and all members of your party are
covered by a policy of travel insurance. If you suffer from
any disability or medical condition you must disclose this in advance
to the insurance company. All insurance premiums are payable
in full at the point of sale and are sold incorporating a 14 day
cooling off period after which time some policies may be non-refundable
and you should check at the time of purchase. The 14 day cooling
off period only applies if you have not departed the UK or made
any claim under the insurance policy.
E-TICKETS
Some airlines offer only electronic confirmation of your reservation,
or 'e-ticketing', on certain routes. If you are travelling on an
e-ticket route we can at your request provide you with a paper
ticket where permitted. Where you make a request for a paper ticket,
an administration fee of £10 per ticket will be levied in
addition to any applicable airline charge.
AIRLINE TICKET REFUNDS
Air tickets returned to us for a refund are subject to an administration
charge of £60 per ticket, irrespective of the number of tickets
returned and you will be required to pay a per ticket cancellation
charge imposed by the airline or the consolidator pursuant to their
terms and conditions. There is no automatic right to a refund and,
when you return an air ticket to us, we will arrange for it to
be presented to the respective airline or consolidator to assess
eligibility for a possible refund in accordance with the relevant
airline's or consolidator's terms and conditions. We recommend
that you return such air tickets to us by special delivery post
as we do not accept responsibility for documents mislaid or lost
by the Royal Mail.
If a recoverable air ticket refund is less than the above administration
charge, the ticket will be deemed to be fully non-refundable. An
administration fee of £60 per ticket will be levied on any
non-refundable ticket where a tax refund application is made by
us at your request and on your behalf. If the recoverable
tax components for your ticket are less than the administration
charge the ticket will be deemed to be fully non-refundable. Refunds
will not be paid to you until they have been received by us from
the relevant airline or consolidator. In the case of airline
ticket refunds this is normally 10-12 weeks from the point the
tickets are submitted for consideration to the airline.
SCHEDULED AIRLINE FAILURE ADMINISTRATION FEE
If you are holding a ticket(s) on an airline which fails due to
insolvency and has ceased flying, the money you have paid for your
ticket(s) may be lost. As part of the requirements under
our ATOL licence issued by the Civil Aviation Authority to protect
our customers, we undertake to ensure that, should this happen,
our customers receive compensation for their loss to the extent
referred to below. In the event of a scheduled airline failure
as a result of an insolvent winding-up:
prior to commencement of a passenger's trip, all monies paid by
the passenger either as a deposit, or as the case may be, as the
price for the scheduled airline ticket(s) will be refunded to the
passenger in full; or
After the passenger's trip has commenced:
the sum equivalent to the price paid for the ticket(s) for such
scheduled airline flights forming part of the trip as were cancelled
as a direct result of the airline failure will be refunded to the
passenger in full; or
if the trip is curtailed forthwith upon the airline failure, the
cost of direct return transportation to the United Kingdom to a
similar standard to that originally booked as part of the trip,
such return flight commencing at the point of curtailment of the
trip as the direct result of the airline failure.
As a fee for our administering both the claims and/or the repatriation
of passengers we will charge each customer a nominal administration
fee for this service. This fee forms part of the cost of each airline
ticket purchased from us and is not optional.
FLIGHT CHANGES
Should your flight be cancelled your rights and remedies will be
governed by the airline's conditions of carriage. As a result you
may be entitled to: (a) Carriage on another flight with the same
airline without additional costs; (b) Re-routing to your destination
with another carrier without additional costs; (c) Receiving a
full refund; or (d) Some other right or remedy.
If a schedule change occurs to your itinerary prior to our receipt
from you of the full price, or prior to the issue of your tickets
(on either the outbound or return flight) we will do our best to
notify you on behalf of the carrier.
Should a schedule change occur to your itinerary after full balance/ticket
issue, on either the outbound or return flights the relevant supplier's
decision will be final and amendment charges may apply.
CHANGES BY YOU
If you wish to change any item - other than increasing the number
of persons in your party - and providing we can accommodate the
change, you will have to pay an Amendment Fee per person which
will be notified at the time of change. Otherwise any changes
come under the terms of the Cancellation clause 19.
CANCELLATION BY YOU
You and/or any member of your party may cancel your booking of
Individual Components at any time, providing that the person who
made the booking notifies us in writing. Since we incur costs in
cancelling your arrangements we will charge cancellation fees based
on the day your written cancellation is received and whether your
tickets have been issued.
Air Ticket Refunds
Many airline tickets are paid for in full at the time of booking
and are not refundable if you cancel. We will tell you at
the time of booking. In respect of any alteration to an APEX
ticket or certain other special fare tickets, some suppliers (particularly
airlines) may treat a name change as a cancellation and as such
will not refund any monies.
Where an outbound portion of your flight coupon is not used the
return sector will be automatically cancelled by the airline and
no automatic right to a refund exists for such part-used tickets.
All other partly used tickets are normally non-refundable and cancellations
made within 24 hours of departure are non-refundable.
Other Individual Components
For all other Individual Components, unless your confirmation invoice
specifies different cancellation charges, the charges below shall
apply:
|
Period before departure |
(subject to amount of cancellation
charge documents being issued) shown as percentage of the
full price for the Individual Components) |
|
Prior to balance being collected |
Deposit only |
|
On or between 29 to 56 days |
40% |
|
On or between 15 to 28 days |
60% |
|
Up to 14 days |
100% |
|
Failure to arrive at the departure
airport |
100% non refundable |
PROBLEMS
If you incur any problems during your trip, it is essential that
you bring them to the attention of the supplier and our agent
or staff as soon as it occurs to give us a chance to investigate
and rectify. If the problem cannot be rectified, you must contact
us, in writing, within 28 days of your return. If you
do not raise the matter during your trip, this will affect any
later claim you may make.
CONSTRUCTION WORK
Due to new developments in Dubai there is a large amount of construction
work taking place which may be in the vicinity of or visible from
your hotel. In other resorts, building or refurbishment work
may take place, as areas continue to develop. This may result
in certain services or facilities being unavailable. We regret
that we have no control over this and cannot accept liability if
the enjoyment of your holiday is adversely affected.
OUR RESPONSIBILITY
As we act only as a booking agent for the third party suppliers
of your Individual Components, we have no liability if they are
deficient nor do we have any liability for loss, personal injury
or death however incurred unless caused by our negligence.
TELEPHONE CALLS
We reserve the right to randomly record telephone calls to ensure
that our customer service is constantly reviewed.
DEPARTURE TAXES
It is not always possible to include all departure taxes on your
ticket(s). In some cases departure taxes must be paid by you locally
to the Government of the country you are departing from and are
non-refundable by us.
LAW
These booking terms and conditions are governed by English law
and the courts of England and Wales have non-exclusive jurisdiction. Additionally
your accommodation booking may also be subject to local laws, customs
and sensitivities, which may change from time to time.
Booking Conditions for Package Holidays
THE CONTRACT
Bookings are made with the Southall Travel Ltd of Palmoak House,
19 South Road, Southall, Middlesex UB1 1SU (the Company) subject
to these booking conditions. Please read them carefully
before you book. You agree that the person who signs the booking
form does so on behalf of all the persons included on the booking
form - (the Client). No person may alter these conditions on
the Company’s behalf.
YOUR FINANCIAL PROTECTION
We are a fully bonded member of ABTA (No: 80626), and hold ATOL
license 5553 issued by the Civil Aviation Authority, which provides
for your financial protection. The air holidays and flights in
this brochure are ATOL protected. In the unlikely event of our
insolvency, the CAA will ensure that you are not stranded abroad
and will arrange to refund any money you have paid to us for an
advance booking. Full details can be obtained from the ATOL website
(www.atol.org.uk).
ACCEPTANCE OF BOOKING
We reserve the right to increase or decrease brochure prices and
to change any information in our brochures or on our website before
a booking is made. You will be told the correct up to date
price before you book.
Once you choose a holiday & agree the price, please complete
the booking form and send it to us together with a non-refundable
deposit of £150.00 per person and the insurance premium
(if required). In certain cases a higher deposit is payable e.g.
booking the train Palace on Wheels or Royal Orient. Also some hotels,
wildlife & beach resorts, especially during peak season at
the Christmas/New year period, require a higher deposit or full
payment (non refundable) to confirm the booking. We will advise
you at the time of booking. On acceptance of the deposit and the
satisfactorily completed booking form, the Company will issue a
confirmation invoice and at this stage contract comes into existence. Payment
of the balance due must be made 8 weeks prior to departure.
If the balance is not received by the due date, the Company reserves
the right to cancel the booking and retain the deposit. If the
booking is made within eight weeks of departure, full payment must
be sent at the time of booking. Any money paid by the Client to
a travel agent in respect of a booking with the Company, is held
on behalf of the Company at all times.
YOUR HOLIDAY PRICE
Changes in transportation costs, including the cost of fuel dues,
taxes or fees chargeable for services such as landing taxes or
embarkation or disembarkation fees at ports and airports and exchange
rates mean that the price of your travel arrangements may change
after you have booked. However there will be no change within
30 days of your departure.
We will absorb and you will not be charged for any increase equivalent
to 2% of the price of your travel arrangements, which excludes
insurance premiums and any amendment charges. You will be
charged for the amount over and above that, plus an administration
charge of £1.00 per person together with an amount to cover
agents' commission. If this means that you have to pay an increase
of more than 10% of the price of your travel arrangements, you
will have the option of accepting a change to another holiday if
we are able to offer one (if this is of equivalent or higher quality
you will not have to pay more but if it is lower quality you will
be refunded the difference in price), or cancelling and receiving
a full refund of all monies paid, except for any amendment charges.
We will consider an appropriate refund of insurance premiums paid
if you can show that you are unable to transfer or reuse your policy. Should
you decide to cancel for this reason, you must exercise your right
to do so within 14 days from the issue date printed on your final
invoice.
Should the price of your holiday go down due to the changes mentioned
above, by more than 2% of your holiday cost, then any refund due
will be paid to you. However, please note that travel arrangements
are not always purchased in local currency and some apparent changes
have no impact on the price of your travel due to contractual and
other protection in place.
ALTERATIONS BY THE CLIENT
If you wish to alter your arrangements after your booking has been
made, we will do our best to arrange this and, if possible, make
these changes. Any request for changes must be made in writing
by the person who made the booking. We will charge an amendment
fee of £25.00 per person, and any other cost we incur in
making the alteration. Scheduled airlines normally treat
name changes as a cancellation and rebooking and this may incur
a 100% cancellation charge in respect of the airfare. If after
the commencement of a tour the Client requests any amendments to
the agreed arrangements, or accommodation, the Company and/or its
agents will do their best to implement such amendments, but cannot
guarantee that it will be possible. In the event of any amendment
the Client will be liable for any cancellation charges and / or
additional costs that may be incurred by the Company and/or its
agents.
TRANSFER OF A BOOKING
If any person named on a booking is prevented from travelling as
a result of illness, the death of a close relative, jury service
or significant reason, we will agree to that person’s booking
being transferred to another person who satisfies all the conditions
applicable to the package, subject to both persons accepting
liability for full payment of the holiday cost and any additional
costs arising from the transfer. This will also be subject to
the agreement of our suppliers such as airlines and hotels. We
must be given at least 14 days written notice of the transfer
request. An administration charge will be made of £50 per
person for transfers made more than 61 days before departure,
and £100 per person within 61 days before departure
ALTERATIONS BY US
It is unlikely that we will have to make any changes to your travel
arrangements but we reserve the right to do so at any time. We
plan arrangements a long time in advance of your holiday using
independent suppliers such as airlines and hotels, over whom we
have no direct control. Most of these changes are minor and
we will advise you or your travel agent as soon as we are able. If
we make a major change we will also endeavour to advise you or
your travel agent as soon as reasonably possible.
A major change includes a change of accommodation to that of a
lower category and/or price, a change of flight time of more than
12 hours, a change of UK departure airport, (other than London
airports) or a significant change of resort area.
In accordance with EU regulations we are required to advise you
of the actual air carrier operating your flight/connecting flight/transfer.
We do this by listing carriers to be used or likely to be used
on the relevant brochure pages and/or your holiday confirmation
invoice. Any changes to the actual airline after you have received
your tickets will be notified to you as soon as possible and in
all cases at check-in or at the boarding gate. Such a change is
deemed to be a minor change.
In the case of a major change before your departure we will provide
you with three alternatives:
alternative travel arrangements of equivalent or of very closely
similar standard and price, if available.
alternative travel arrangements of a lower standard together with
a refund of the difference in price; or
cancel your holiday with a full refund of all monies paid.
In all three cases minimum compensation of £40 per person
will be paid unless the change occurs as a result of circumstances
beyond our control.
We will not be liable to pay any compensation if we are forced
to cancel or in any way change your holiday as a result of unusual
or unforeseeable situations outside our control, the consequences
of which could not have been avoided even with all due care. These
include unavoidable technical problems with transport, changes
imposed by rescheduling or cancellation of flights by an airline
or main charterer, the alteration of the airline or aircraft type,
war or threat of war, civil strife, industrial disputes, natural
disaster, bad weather, epidemic or terrorist activity.
Hotels described as First Class or Luxury are deemed so by us and
not necessarily by any official grading. The assessment is based
on our knowledge of the establishment, our general opinion and
the standard of what is available locally. The term used i.e. deluxe,
luxury suites etc are the same as those by the hotel in question.
The Company does not own, manage or control the accommodation that
it uses. Sometimes it is possible that the accommodation reserved
is not available. In this event the Company and/or its agent will
endeavour to provide accommodation of equal standard. However,
if only accommodation of lesser standard is available we will refund
the difference in prices on completion of the holiday.
CANCELLATION BY THE CLIENT
If you or anyone on your holiday booking decides to cancel the
holiday you must notify us of the decision as soon as possible.
Any notification by telephone must also be confirmed in writing
or by e-mail within 24 hours by the person who made the original
booking. Cancellation will take effect from the day we are notified
provided that written confirmation is received by us within 24
hours of the original notification.
A cancellation invoice will be sent to you within 7 days. If
you do not receive this please contact us immediately in order
to prevent an increase in charges. Should you already be
in receipt of your airline tickets please return these to us with
your cancellation request. The following scale of charges will
be payable depending on when the notification of cancellation is
received.
Prior to 57 days: deposit
forfeited;
56 – 29: 40%
of total holiday cost
28 – 15: 60%
of total holiday cost
14 – 4: 75%
of total holiday cost
3 - 1 : 100%
of total holiday cost
Certain travel arrangements cannot be changed or cancelled without
incurring a 100% cancellation charge. If this is the case,
we will tell you before you cancel.
We strongly recommend that you take out full insurance which will,
in most cases, include cover against loss of deposit or cancellation
fees.
Note: If, some, but not all-party members, cancel the holiday or
part of it, additional charges may be payable by the remaining
members.
CANCELLATION BY US
We reserve the right to cancel your holiday for any reason. However
we will not cancel your holiday less than 8 weeks prior to departure
unless it is for a reason outside our control. If we have
to cancel your holiday we will offer you:-
alternative travel arrangements of equivalent or of very closely
similar standard and price, if available
travel arrangements of a lower standard and a refund of the difference
in price; or
a full refund of all monies paid.
Compensation of £40 per person will also be paid unless the
holiday is cancelled because you have failed to pay on time or
as a result of circumstances beyond our control. If the UK
Foreign Office specifically advises against travel to a particular
destination, the Company will act on that advice and cancel holidays. The
amount paid by you for the holiday will be refunded but no additional
compensation will be paid. No compensation is payable if
the holiday is cancelled because the number of persons who agreed
to take it is less than the minimum number required and you are
informed of the cancellation in writing within the period indicated
in the description of the package.
The relevant brochure pages will indicate whether a particular
holiday is subject to a minimum number of participants for its
operation. We will advise you at least 8 weeks before departure
if minimum numbers have not been reached. You will then have the
choice of booking an alternative holiday with us, changing your
departure date at the appropriate additional cost, or having a
refund of monies paid.
Whilst every effort is made to operate a tour as advertised, on
occasion it may be necessary to make changes to the accommodation,
the routing or order of an itinerary. Unless the change significantly
alters the holiday, compensation will not be payable for minor
alterations to the itinerary or nightly accommodation.
YOUR RESPONSIBILITY
You are responsible for obtaining valid passports, visas, vaccination
certificates, health documents, foreign exchange for personal
requirements etc. It is your responsibility to check entry requirements
with the Embassy or Consulate of the country you plan to visit. You
should also contact your GP in good time before you travel for
health advice. You will be solely responsible if failure to obtain
such documents results in your being unable to travel or refused
entry or in fines, surcharges or other financial penalties being
imposed on you. The Company has no liability whatsoever to you
through your failure to do so. It is also your responsibility
to comply with the laws, customs, foreign exchange and the drug
regulations of the countries visited. The Company and its representatives
reserve the right to cancel your holiday at any time if in our
reasonable opinion you are found to be behaving in a socially
unacceptable manner or indulging in illegal activities, without
any refund and legal claim against the Company.
Please note that in accordance with Air Navigation Orders, in order
to qualify for infant status, a child must be under two years of
age on the date of his/her return flights.
OUR RESPONSIBILITY
Subject to (c), we will accept responsibility if due to fault on
our part, or that of our agents or suppliers, any part of your
holiday arrangements booked before your departure from the UK is
not as described in the brochure, or not of a reasonable standard,
or if you or any member of your party is killed or injured as a
result of an activity forming part of those holiday arrangements.
We do not accept responsibility if and to the extent that any failure
of your holiday arrangements, or death or injury: is not caused
by any fault of ours, or our agents or suppliers; is caused by
you; is caused by someone not connected with your holiday arrangements
or is due to unforeseen circumstances which, even with all due
care, we or our agents or suppliers could not have anticipated
or avoided.
For claims which do not involve personal injury, illness or death,
the most we will have to pay if we are liable to you is twice the
price, the person affected, paid for their holiday (not including
insurance premiums and amendment charges).
Subject to (a) above, if any failure in your holiday arrangements
relates to, or if you or any member in your party is killed, injured
or becomes ill during or as a result of, carriage by aircraft,
ship, train or coach forming part of the holiday arrangements booked
before departure from the UK, our liability to pay compensation
and/or the amount of compensation we will pay is limited in accordance
with the liability of the carrier under any international convention
which governs such services. International Conventions which may
apply include: in respect of carriage by air, the Montreal Convention
1999 or the Warsaw Convention 1929 (including as amended by the
Hague Protocol of 1955 and by any of the Montreal Additional Protocol
of 1975); in respect of carriage by sea, the Athens Convention
1974; in respect of rail carriage, the Berne Convention 1961; and,
in respect of carriage by road, the Geneva Convention 1973. The
terms of these conventions are incorporated into and form part
of your contract with us. The liability of an air carrier
under the Montreal Convention and the Warsaw Convention is limited
to damage sustained in the case of death or bodily injury caused
by an accident which takes place on board the aircraft or in the
course of any of the operations of embarking or disembarking. You
can get copies of the relevant conventions if you ask us for them. These
conventions may limit or remove the carrier’s liability to
you and the amount which the carrier has to pay you. The
carrier will rely upon its ‘conditions of carriage’ which
may limit or remove the carrier’s liability to you and limit
compensation under international conventions.
Under EU law you have rights in some circumstances to refunds and/or
compensation from your airline in cases of denied boarding, cancellation
or delay to flights. Full details of these rights will be publicised
at EU airports and will also be available from airlines. However
this will not automatically entitle you to a refund of your holiday
cost from us.
If we make any payment to you or any member of your party for death,
personal injury or illness, you must give us or our insurers the
rights you may have to take action against the person or organisation
responsible for causing the death, personal injury or illness and
you must co-operate fully with us in seeking recovery of any payment
we make.
PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
If you, or any member of your party, suffer death, illness or injury
whilst overseas arising out of an activity which does not form
part of your package travel arrangements or an excursion arranged
through us, we shall at our discretion, offer advice, guidance
and assistance. Where legal action is contemplated and you
want our assistance, you must obtain our written consent prior
to commencement of proceedings. Our consent will be given
subject to you undertaking to assign any costs, benefits received
under any relevant insurance policy to ourselves. We limit
the cost of our assistance to you or any member of your party to £5,000.
INSURANCE
It is strongly recommended that you have adequate travel insurance
for the holiday. You may take the holiday insurance offered by
us or arrange it independently. The insurance cover must include
cancellation charges, unexpected curtailment of your holiday, medical
and repatriation expenses including air ambulance, personal accident,
delay loss or damage to your personal effects. When arranging insurance
from a source other then offered by us, you must provide us with
written details of the policy and sign an indemnity form on behalf
of yourself and all members of your party absolving us and our
overseas agents /representatives, of any liability for any costs
that may arise which otherwise would have been met by the insurance
claim.
CLAIMS AND COMPLAINTS
If you have a complaint during your holiday, please bring it to
the attention of our local Representative / Agent / and or the
hotel as quickly as possible, so that they can attempt to rectify
the matter on spot. Should you not be able to resolve your complaint
locally please write to us within 28 days of the end of your
tour. Failure to bring a complaint to the attention of
our local representative whilst on holiday will prejudice any
future claim.
ARBITRATION
We are obliged to maintain a high standard of service to you by
ABTA's Code of Conduct. We can also offer you an arbitration
scheme for the resolution of disputes arising out of, or in connection
with this contract. Further information on the Code and
arbitration can be found at www.abta.com.
The arbitration scheme is arranged by ABTA and administered independently
by the Chartered Institute of Arbitrators. It provides for
a simple and inexpensive method of arbitration on documents alone
with restricted liability on you in respect of costs. Full
details will be provided on request or can be obtained from the
ABTA website.
The Scheme does not apply to claims for an amount greater than £5,000
per person. There is also a limit of £25,000 per booking
form. Neither does it apply to claims which are solely in
respect of physical injury or illness or their consequences. The
Scheme can however deal with compensation claims which include
an element of minor injury or illness subject to a limit of £1,000
on the amount the arbitrator can award per person in respect of
this element.
The application for arbitration and Statement of Claim must be
received by the Chartered Institute of Arbitrators within nine
months of the date of return from the holiday. Outside this
time limit arbitration under the Scheme may still be available
if the company agrees, but the ABTA Code does not require such
agreement.
For injury and illness claims, you may like to use the ABTA/Chartered
Institute of Arbitrators Mediation Procedure. This is a
voluntary scheme and requires us to agree for mediation to go ahead. The
aim is to help you resolve your dispute in a quick and cost effective
way. Details on request or from www.abta.com.
JURISDICTION
This contract is governed by the English Law, and any dispute arising
between the parties is subject to the jurisdiction of the courts
of England. You may, however, choose the law and jurisdiction
of Scotland or Northern Ireland. |