YOUR CONTRACT — PLEASE READ THIS CAREFULLY BEFORE YOU BOOK
These booking terms and conditions govern all bookings that you make with Kandala Travel, B1, 2 Fitzroy Place, Glasgow G3 7RH. Please read them carefully as they set out our respective rights and obligations. In these booking conditions references to "we" and "us" indicate Kandala Travel Limited (the Company) and 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. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
We act in the following capacities: as a Package organiser, a Flight-Plus Arranger, and as an agent to help you to arrange individual flight only, accommodation only or other separate travel arrangements ("Individual Components"). Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings, Section B applies to Package bookings and Section C applies to agency bookings (including Flight-Plus). We act as agent in the sale of Flight Plus products and Individual Components and as a package organiser in the sale of package holidays.
SECTION A - APPLICABLE TO ALL BOOKINGS
Booking Your Travel Arrangements
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.
When you make your booking you must pay the relevant deposit as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the supplier in question. Please ensure that the names given are the same as in the relevant passport.
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
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 the 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.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Data Protection Policy
Passports, Visa and Health Requirements
You are responsible for checking all passport, visa and health requirements 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 the 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. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk. For European holidays you should obtain a completed and issued form EHIC prior to departure. Up to date travel advice and entry requirements can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
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. For useful information, check immunisation website at www.immunisation.nhs.uk and the National Travel Health Network and Centre website at www.nathnac.org.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
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, and charge any applicable cancellation charges.
You accept responsibility to ensure that you & the members of your party do not behave in a way which causes offence to others or risks any loss or damage to property belonging to others. Payments for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. You 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.
Compliance with laws
It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited. We and/or our 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 liability to you for any refund and legal claim.
We will not pay you compensation and will not be held responsible, if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include war or threat of war, civil strife, industrial dispute including air traffic control disputes, terrorist activity and its consequences, natural and nuclear disaster, fire or adverse weather conditions, epidemics & pandemics, unavoidable technical problems with transport, closure or congestion of airports or ports and all similar events outside our or the supplier(s) concerned control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. You can check the current position of any country by telephoning the Foreign and Commonwealth Office's Travel Advice Unit on 0845 850 2829.
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. 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 than 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.
Telephone CallsWe reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed.
Claims and Complaints
Where we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are below.
Where you have booked a package holiday with us, please inform the relevant supplier (e.g. your hotelier) immediately and contacting us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
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 CEDR Solve. 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 CEDR Solve within 18 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/ CEDR Solve 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.
Due to new developments in Dubai or other progressing cities around the World, 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. There may always be minor refurbishment and maintenance being carried out at properties and most of these won't affect your holiday adversely. We regret that we have no control over the building works at the destination that you book and cannot accept liability if the enjoyment of your holiday is adversely affected.
Your Financial Protection
We provide financial security for flight inclusive Packages, Flight Plus bookings and ATOL protected flights through our ATOL Licence (number 3550) issued by the Civil Aviation Authority.
If you have booked a flight where the ticket is not issued immediately, your flight will be protected under our ATOL. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. We provide financial security for package holidays not including flights by way of a bond held with ABTA (No. 80626). In the event of our insolvency, ABTA will protect your monies in the same way as the CAA.
If you book arrangements other than an ATOL protected flight, package holiday or Flight-Plus from this brochure/website, your monies will not be financially protected. Please ask us for further details.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us or the applicable supplier. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
This contract is governed by the English Law, and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland.
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-ban.
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
Travel documents will be sent by email. It is your responsibility to check that all travel documents issued are correct. Any inaccuracies must be notified to us immediately. If you do not contact us immediately we cannot accept any liability and any changes may incur additional cost as applicable. The address for sending all documentation will be that given at the time of booking unless requested otherwise. Travel documents will not be sent until we receive the full payment in the cleared funds. Documents will normally be sent 7 days before departure. Sending travel documents by post or fax is subject to company's discretion and will involve additional cost. In the event of travel document lost or delayed in delivery, it will be your responsibility to pay additional expenses incurred by us to arrange and send duplicate travel documents.
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.
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.
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.
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
SECTION B: BOOKING CONDITIONS FOR PACKAGE HOLIDAYS
This section only applies to Package Holidays booked with us as Organiser.
Definition of a Package
A "package holiday" exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
Bookings are made with the Kandala Travel Limited of 2nd Floor, 134 Berkeley Street, Glasgow G3 7RH (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.
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. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation invoice or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). 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 8 weeks of departure, full payment must be sent at the time of booking.
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 You
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 You
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.
Our Responsibility for your Package Holiday
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause: (a) loss of and/or damage to any luggage or personal possessions and money, The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind. (b) Claims not falling under (a) above and which don't involve injury, illness or death The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
SECTION C: AGENCY BOOKING AND FLIGHT PLUS ARRANGEMENTS
This section applies to bookings we make for you when acting as agent.
If you book Individual Components or a Flight Plus with us, we will make the booking as agent for the relevant supplier(s) (e.g. the airline or hotel supplier) and we will arrange for you to enter into a contract with the applicable supplier. 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. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier.
You may wish to purchase flights, hotel, car rental, transfer services or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
Changes By You
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you will have to pay an Amendment Fee per person which will be notified at the time of change as well as any applicable cancellation charges.
Cancellation By You
Air Ticket Refund: Many airline tickets are paid for in full at the time of booking and in case of cancellation, unless otherwise stated, they are non refundable, non changeable and non re-routable. 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 or the supplier's terms and conditions specifies different cancellation charges, the charges below shall apply: Prior to Balance being collected: Deposit Only After Balance has been paid: 100% of the cost of the Individual Component You will be notified of the exact charges at the time of amendment or cancellation.
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. 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(s) concerned.
Our responsibility for your booking
Your contract is with the supplier and its 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 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.
Booking a Flight-Plus provides you with protection under our ATOL in the event of supplier insolvency, but we are still acting as agent for the individual suppliers and a Flight-Plus booking does not constitute a package as described in section B above. A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. (A Package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.) Please note that a single flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012. Please note that where you book a low cost flight only and make payment directly to the airline, this will not constitute a Flight-Plus.
Our liability for Flight-Plus bookings
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will seek to provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
If, after your intended departure on a Flight-Plus we become aware that your living accommodation or car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or car hire making up your Flight-Plus, we will seek to provide you with suitable alternative living accommodation or car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.
We, or the suppliers of the services you have bought, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).