the vacation collection 2017
Terms & Conditions |179
The Vacation Collection 2017 General Information / Advice
The Vacation Collection travel arrangements are operated by ALG Tide UK Ltd, operating Travel Impressions and The Vacation Collection (Registered Address 49 Southwark Bridge Road, London, United Kingdom, SE1 9HH; Registered Number 08514631). Member of ABTA (number Y6128) and ATOL (number 10780). ALG Tide UK Ltd are a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ‘’The Package Travel, Package Tours Regulations 1992’’ all passengers booking with ALG Tide UK Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of ALG Tide UK Ltd. This insurance has been arranged with MGA Cover Services Limited (registered address Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 597536) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120) In the unlikely event of Insolvency you must Inform MGA Cover Services Limited immediately on +44 (0) 20 3540 4422. Please ensure you retain this booking confirmation form as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond. All dates refer to bookings and travel in 2017.
General Information / Advice
Planning Your Holiday For help and advice in planning your holiday, call your dedicated Platinum Travel service who will be delighted to help you.
Terms & Conditions for Platinum benefits and offers
Benefits vary per property and by validity date and are subject to availability. Room upgrade is to the next room category and at the discretion of the hotel and subject to availability locally. Early check-in and late check-out if available locally. Added values are applicable when booking a minimum of two nights’ stay, unless mentioned differently on the relevant page. Complimentary nights’ offers are based on minimum consecutive stay criteria. Offers are non-transferable, non-combinable, and valid for new bookings only. For a full list of offers, please contact us. Partner Terms and Conditions apply.
Foreign Office Travel Advice
The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet www.fco.gov.uk/travel.
Consumer Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 10780) administered by the Civil Aviation Authority and bonds held by the CAA and ABTA and financial failure insurance. If you book arrangements other than a package holiday from this brochure, your monies are protected by ABTA. When you buy an ATOL protected air holiday package from us, you will receive a confirmation invoice and, for those packages with a flight-element, an ATOL Certificate from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organisers License number 10780. In the unlikely event of our insolvency, the CAA will either allow you to complete your trip and arrange for your return to the UK or refund you the money you paid for your trip. For further information visit the ATOL website at wwwatol.org.uk. The price of our air holiday packages 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 [and will be shown separately on your confirmation invoice]. Many of the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure. please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. If a flight component is booked separately with another agency, then it will be covered by the Agent’s ATOL. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
ABTA
We are a member of ABTA. membership number Y6128. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. 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 http://www.abta.com The arbitration scheme is arranged by ABTA and administered independently by CEDR Solve, part of 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 www.abta.com 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 personal injury or illness subject to a limit of £1,500* on the amount the arbitrator can award per person in respect of this element. In order to apply for arbitration, the complaint must be sent to ABTA Consumer Affairs no later than 18 months after return from the holiday using an online form which can be found at www.abta.com. Further details on the ABTA Arbitration Scheme can be found at www.abta.com. For claims not covered by the ABTA Arbitration Scheme such as personal injury, serious illness, nervous shock, death or consequences of any of these, you may want to use the mediation scheme. Mediation cannot be used if you have started a legal action unless both parties have agreed to suspend or stop the legal action. The mediation scheme is independent from ABTA and is a quicker and easier way to resolve your dispute. Further details on the mediation scheme can be found at www.abta.com. FLIGHTS Choice of Airlines All the airlines mentioned in this brochure operate scheduled services. Alternative flights (eg charters) are available to some destinations which, if more suitable, we will be happy to arrange on your behalf.
Pre Allocated Seats
We will be happy to request ‘preferred seating’ whenever possible although airlines will not guarantee them. All requests will be subject to the individual airlines own policy.
Flight Amendments
As a general rule, cheaper fares mean less flexibility. We offer a range of airfare choices from; • ‘Inclusive tour fares’ - amendments are not usually allowed by the airlines after departure except in cases of Force Majeure. Should you wish to curtail or extend your holiday or not travel on that particular airline for any other reason you will probably be required to purchase a new ticket locally. No refund can be made on any unused portions of these tickets. • Other more flexible fares- may be available for which the rules/ conditions will be discussed at the time of booking.
Premium Classes
We will be happy to offer you Premium cabin airfares to most destinations often at preferential rates. The key benefits include: • Preferred check-in desks • Departure lounges at some airports • More spacious and comfortable seats • Higher standard of meals and drinks • Increased baggage allowance
Types of Aircraft
At the time of booking, we can confirm aircraft types scheduled to operate but, unfortunately, cannot guarantee them as airlines reserve the right to change them at any time for ‘operational reasons’. A direct flight means that there is no need to change aircraft during your journey but your flight may stop en route to refuel or allow passengers to get on or off. You may need to disembark and/or clear customs at such a stop. A non-stop flight means that you will not stop between take off and landing. ACCOMMODATION
Superior Standard
We feature a range of the most popular rooms or suites. However, we will be happy to arrange more luxurious options on a request basis.
Personal Preferences
We are always happy to request individual preferences and, although they can usually be met, they cannot be guaranteed. For example; • Around the World, opinion varies on what really is a ‘double bedded room’. It can be either a room with a double bed but sometimes made up of 2 twin beds pushed together while a ‘twin’ has 2 twin beds. • Particular room / location preferences eg close to main building.
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Charges for Leisure Facilities
Some hotels will make a local charge for the use of some facilities eg spa / watersports / tennis courts.
Swimming Pools
In the event of us being advised that a swimming pool has been / is due to be out of use for prolonged maintenance then we will try to advise you accordingly. However, sometimes circumstances can be out of both our and the hotels’ control.
Special Diets
Airlines and good hotels will normally try to meet special requests. It may, however, be difficult for some hotels in remote locations to provide for some ‘very specific’ requests.
Check-in/out times
In most cases, hotel rooms are not available until approximately 3 pm on your day of arrival. The check-out times are usually between 11 am & 12 noon on day of departure. Depending on flight times you may not be able to access your room upon arrival; also there may be a considerable time between vacating your room and leaving for the airport. We can arrange a day room if you require at additional cost. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Special requests for early check-in and late check-out are not guaranteed and are subject to availability at the hotel.
Passports/Visas /Health Requirements
The majority of our destinations require British Citizens to hold a full passport which is valid for at least 6 months after your return. The name on your passport must correspond with the name on your ticket or you may not be allowed to travel. and your insurance may be invalid. Some of our destinations may require British Citizens to obtain a visa prior to arrival. Non British Citizens should check with their embassy or consulate to ascertain the relevant passport and visa requirements. None of our destinations currently have any health requirements. You should, however, check with your doctor prior to departure as to which innoculations and available and necessary for specific destinations, An additional useful source of general information is the Department of Health’s free leaflet “Health Advice for Travellers”. It is your own responsibility to check that you are in possession of all relevant travel documentation, and that you have fulfilled any mandatory health requirements. We cannot have any liability for any loss, damage or expense you may incur through having failed to do so.
US Visa Requirements;
From 12 January 2009 all nationals and citizens included in the Visa Waiver Program (VWP) - see www.usembassy.org.uk for VWP countries, who plan to travel to the United States for temporary business or pleasure, are required to hold an electronic travel authorisation prior to boarding a U.S.-bound airplane or cruise ship. Electronic authorisations need to be submitted on https://esta.cbp.dhs.gov not less than 72 hours prior to travel. However last minute authorisations can be submitted at the above website. Once approved the electronic travel authorisation will be valid for 2 years or until your passport expires if within the 2 years. Each traveller is responsible for holding the correct documents for their own travel. American Express can not be held liable for travellers not holding the correct documentation.
General Information
Please be aware when confirming your holiday of adverse weather seasons eg. Caribbean/ Florida hurricane season or visit the appropriate travel websites for more information.
Child Discounts
The best child discounts normally apply when sharing accommodation with two adults. Local charges may apply for infants (under 2yrs) eg meals.
Holiday Prices
Our holiday prices are based on known costs and are correct at time of print (November 2016). Prices are subject to change, terms and conditions apply.
What they do Include
Unless otherwise stated, all prices shown throughout this brochure include the following: • Flights - based on return economy class air travel as specified including prepaid departure/fuel surcharges/airline/government and local taxes which are estimated at time of print will be confirmed at time of booking and are subject to change. (November 2016). • Accommodation - grade as shown, based on two adults sharing and. inclusive of hotel service charges and local taxes • Meals as shown- where ‘Half Board’ is breakfast and dinner and ‘Breakfast’ includes full buffet or continental breakfast, A La Carte meals are not included.
What they do not Include
• Passport or Visa costs, • Porterage/ Gratuities/ Personal Expenditure • Holiday insurance, unless covered automatically as benefit of being an American Express Cardmember • Transfers • Anything that is not stipulated within the package price would be an additional cost Restrictions may apply to the choice of restaurants available when booking half board or full board. Some hotels may apply a dress code. More information is available when making a booking. C. Booking Conditions This brochure was published in November 2016.
The Vacation Collection travel arrangements are operated by ALG Tide UK Ltd, operating Travel Impressions and The Vacation Collection (Registered Address 49 Southwark Bridge Road, London, United Kingdom, SE1 9HH; Registered Number 08514631). Member of ABTA (number Y6128) and ATOL (number 10780). If you have any membership queries, wish to book a holiday or have any queries about our holidays please contact your Platinum Travel Service in the first instance. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. 1. Brochure Accuracy We make every effort to ensure the accuracy of our brochure. However, changes outside our control may occur during the period between preparation of the brochure and your holiday; also, the availability of facilities may be affected by local conditions or adverse weather conditions. We reserve the right to change any of the facilities, services or prices contained in the brochure (including any information leaflets which accompany the brochure). We will tell you of any change before you make a booking. 2. Making a booking as a Cardmember and using your Card as payment Eight (8) weeks before departure date, the balance will be debited from your Card. Should the booking be made within eight (8) weeks of departure, full payment will be immediately charged to your Card. You must use your Card to pay for your holiday. If you have any specific requests, we will advise the relevant supplier but we cannot guarantee they will be met and no Liability will be met by the Company, Bookings can be made with the Platinum Travel service. 3. Cancellation of your holiday by you All cancellations must be in writing and signed by you. Written notice of cancellation can be sent to us by fax or by email (provided at time of booking) but must in all cases be confirmed by recorded delivery. Upon receipt the following charges (excluding insurance premiums and amendments charges paid) will be payable by you, depending upon the number of days prior to departure. You will be liable for the appropriate cancellation charges, which will apply from the date of receipt by us of your written notice of cancellation. Your cancellation policy is outlined below. You will be liable for the appropriate cancellation charges, which will apply from the date of receipt by us of your written notice of cancellation. Cancellation charges are as follows: Period Amount charged (% of total cost of holiday) More than 56 days before departure Loss of deposit 55 - 43 days before departure 30% 42 - 29 days before departure 65% 28-15 days before departure 90% 14 days or less before departure 100% These rates are correct at time of publishing (November 2016) Please note there will be limited occasions where this policy does not apply to certain products/destinations and bookings made during particular times of the year. This includes, but is not limited to some city breaks, packages to Africa and holidays booked for travel during the Christmas/New Year/Trade Fayre periods. For all bookings, your travel counsellor will inform you of the cancellation policy and applicable charges payable at the time you make your booking. 4. Changes to your Holiday by You We are happy to make minor changes on your behalf. No charge will be made for minor changes; however, if the changes are more significant, cancellation policy fees will be calculated - please see clause 5 below. Any amendment to your holiday after the contract has been confirmed will be subject to availability and payment of any consequent price change. Please note flight tickets/ hotel reservations may carry cancellation restrictions - these will be quoted separately. 5. Changes made to your Holiday by Us We reserve the right to make changes to your holiday. A change may be “significant” or “minor”. A significant change will be a change of UK airport to one that is less convenient, a change of accommodation to a lower grade, or a change of planned departure time by more than 12 hours. Any other changes will be “minor” for example hotel pool closures, hotel facilities/amenities changes. We reserve the right to make minor changes at any time. We will, if practicable, advise you of minor changes before you leave. However, we are not obliged to do so, nor are we obliged to pay you compensation for the change. Where there is a significant change, we will inform you as soon as practicable and you will have three options. The first option is to accept our suggested alteration. The second option is to change your booking to another available holiday operated by us. If the replacement you choose is more expensive you will have to pay the difference, but if it is cheaper we will give you the appropriate refund. The third option will be to cancel your holiday altogether and to receive a full refund. On rare occasions, significant changes become necessary after departure. If this happens, or if we become unable to provide a significant proportion of services booked, we will either arrange for you to return to the UK (if you wish) and give you a refund in proportion to the cost of the services not received, or we will make alternative holiday arrangements for you. If we make a significant change, we will, if appropriate, also pay you compensation on the following scale: More than 56 days before departure NIL per person 33 - 56 days before departure £50* per person 15 - 32 days before departure £70* per person 0 -14 days before departure £90* per person An example of a situation in which it would not be appropriate to award compensation is if we have to make a major change for reasons of “force majeure” (that is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, for example war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control).
Terms & Conditions | 181 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, Full details will be advised at time of booking & will be shown on your itinerary/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. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. 6. Cancellation of your Holiday by Us We reserve the right to cancel your holiday up to 2 months before departure. After that, we will only cancel your holiday for reasons of “force majeure”. In the unlikely event that we cancel your holiday, we will offer you the choice of an alternative holiday if available, or a full and prompt refund of all that you have paid. If the only acceptable alternatives are more expensive than the holiday booked you will have to pay the difference; if the alternative you choose is cheaper, we will make the appropriate refund. In addition, unless the cancellation was caused by “force majeure” we will, if appropriate, also pay you compensation on the scale set out above in clause 5. We reserve the right to cancel your holiday and levy cancellation charges in the amounts set out in clause 3 above should you fail to pay the final balance when due, or if you behave in an improper manner (please see clause 11). 7. Surcharges Changes in transportation costs, including the cost of fuel 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 £10.00* 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 of 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. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies in Autumn 2016; in relation to the following currencies: USD, SKR, CHF, GBP, EUR, AUD, NZD, ZAR, THB, SGD, BHP, OMR, HKD, CNY, RUB, MYR. 8. Our liability (i) Our obligations, and those of our suppliers providing any service or facility involved in any of your holiday arrangements, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier are actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers’, obligations. You must show that reasonable skill and care has not been used if you wish to make any claim. (ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your holiday not be as described in the brochure. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation to take account of any loss of enjoyment which you actually suffer and properly to reflect objectively the circumstances of your claim. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us. (iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment. (iv) For claims which involve death or personal injury as a result of an activity forming part of your holiday (excluding Overseas Booked Excursions see Section entitled “Excursions”), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation. (v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the holiday and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled. (vi) If any International Convention applies to or governs any of the services or facilities
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your holiday. Any applicable Protocols or amendments shall apply to all such International Conventions. International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation. The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) (“the Athens Convention”) apply to the Cruise element of your holiday as well as the process of getting on or off the ship concerned. Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled “Complaints”. Should you become ill while on your holiday, you must, in addition to reporting your illness to our representative local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
9. Amount of compensation The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in clause 8 above. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier’s conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount. 10. Your Responsibilities (i) While on holiday any damage to property shall be the liability of yourself. You will be liable for full cost of repairs or replacement. (ii) You must report promptly at the stated times for all transport arrangements and ensure that you have all necessary travel tickets and documents, including passports, visas and any health certificates required. We will have no responsibility to you if you cannot gain access to any country because you do not have the appropriate travel tickets and documents. 11. Flight Reconfirmation It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK. 12. Suppliers’ Conditions Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers’
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Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers’ Conditions and our conditions, the Suppliers’ Conditions will prevail, save to the extent that any term in the Suppliers’ Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers’ Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conventions may be available for inspection at the office of the relevant supplier. 13. Airline Collapse In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of ‘like for like’. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you. 14. Flight and Other Travel Timings Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport – Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility. If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements. Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense. 15. Special requests If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room or Cruise Ship state room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing. 16. Disabled Travellers and Passengers with Reduced Mobility We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact our Special Needs Team. This is a dedicated telephone line for special needs enquiries and we are unable to transfer calls to other departments. If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor’s certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
Overseas accommodation and services
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly before making your reservation. This will enable you to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
17. Excursions Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based ‘shore’ excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort or on Cruise Ships (“Overseas Booked Excursions”) or pre-booked and paid for when you book your Package with us (“Pre-booked Excursions”). All excursions are supplied by third party suppliers and are subject to the entitled “Suppliers’ Conditions” above. We accept, subject to the Sections entitled “Suppliers’ Conditions” and “Our Liability to You” above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your Package and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also. 18. Complaints If you feel it necessary to complain about any aspect of your holiday during your stay, it is essential that this is brought to the immediate attention of the hotel or other relevant supplier and local representative so that remedial action may be taken where possible. If your complaint cannot be resolved locally, please inform the hotel or other relevant supplier and contact your booking agent accordingly and follow up in writing on your return from holiday within 28 days. If you fail to follow this procedure, the Company will not accept responsibility for any claim as we have been deprived of the opportunity to investigate and rectify the problem. If we cannot settle your complaint amicably, it may if you wish be referred to arbitration. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents atone 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 IDRS within twelve months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still he 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. 19. Passport, Visa and immigration Requirements Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 20. Data Protection (a) You and the individuals you are booking for understand and agree that we will: (i) disclose information about you, and the individuals in your group to computerized reservation systems and other distribution technology systems, to airlines and other Suppliers; (ii) keep information about you and the individuals in your group only for so long as is appropriate for the purposes of this Agreement or as required by applicable law; and (iii) undertake all the above both within and outside the European Union. This includes processing the Information in the United States of America and other countries outside the European Union in which data protection laws are not as comprehensive as the European Union. However, we undertake that we have and will implement appropriate measures designed to ensure information about you and the individuals in your group will have the same protection in the United States of America and the other countries outside the European Union as such information would have within the European Union. (b) Should you require bookings, payments, delivery of itineraries to be made over the Internet, then it is your responsibility that these transmissions will be conducted via the Internet. We will use reasonable efforts to ensure the security of this data; however, we will not be held liable for any interception of such data. (c) To the extent that we collect any passenger data on behalf of air carriers or other vessels for purposes of meeting governmental requirements (such as the United States’ Advance Passenger Information System requirements) and notwithstanding anything to the contrary, you hereby waive and release any and all obligations and liabilities of us, expressed or implied, arising by law or otherwise, related to such activities. Without limiting the generality of the foregoing, you acknowledge that we will not be liable if we are supplied with incorrect data regarding a traveller’s residence in the United States or a traveller changes his or her plans without informing us. 21. Law and Jurisdiction Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes. * Equivalent amount Euros or US Dollars where applicable
The Vacation Collection 2017 General Information / Advice
The Vacation Collection travel arrangements are operated by ALG Tide UK Ltd, operating Travel Impressions and The Vacation Collection (Registered Address 49 Southwark Bridge Road, London, United Kingdom, SE1 9HH; Registered Number 08514631). Member of ABTA (number Y6128) and ATOL (number 10780). ALG Tide UK Ltd are a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ‘’The Package Travel, Package Tours Regulations 1992’’ all passengers booking with ALG Tide UK Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of ALG Tide UK Ltd. This insurance has been arranged with MGA Cover Services Limited (registered address Farren House The Street, Farren Court Cowfold West Sussex RH 13 8BP, company registration: 08444204 authorized and regulated by the Financial Conduct Authority registration number 597536) under a binding authority with the insurer CBL Insurance Europe Limited (registered address 2nd Floor 13-17 Dawson Street Dublin 2 Ireland, who are authorized and regulated by the Financial Conduct Authority registration number 203120) In the unlikely event of Insolvency you must Inform MGA Cover Services Limited immediately on +44 (0) 20 3540 4422. Please ensure you retain this booking confirmation form as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond. All dates refer to bookings and travel in 2017.
General Information / Advice
Planning Your Holiday For help and advice in planning your holiday, call your dedicated Platinum Travel service who will be delighted to help you.
Terms & Conditions for Platinum benefits and offers
Benefits vary per property and by validity date and are subject to availability. Room upgrade is to the next room category and at the discretion of the hotel and subject to availability locally. Early check-in and late check-out if available locally. Added values are applicable when booking a minimum of two nights’ stay, unless mentioned differently on the relevant page. Complimentary nights’ offers are based on minimum consecutive stay criteria. Offers are non-transferable, non-combinable, and valid for new bookings only. For a full list of offers, please contact us. Partner Terms and Conditions apply.
Foreign Office Travel Advice
The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet www.fco.gov.uk/travel.
Consumer Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 10780) administered by the Civil Aviation Authority and bonds held by the CAA and ABTA and financial failure insurance. If you book arrangements other than a package holiday from this brochure, your monies are protected by ABTA. When you buy an ATOL protected air holiday package from us, you will receive a confirmation invoice and, for those packages with a flight-element, an ATOL Certificate from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organisers License number 10780. In the unlikely event of our insolvency, the CAA will either allow you to complete your trip and arrange for your return to the UK or refund you the money you paid for your trip. For further information visit the ATOL website at wwwatol.org.uk. The price of our air holiday packages 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 [and will be shown separately on your confirmation invoice]. Many of the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure. please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. If a flight component is booked separately with another agency, then it will be covered by the Agent’s ATOL. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
ABTA
We are a member of ABTA. membership number Y6128. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. 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 http://www.abta.com The arbitration scheme is arranged by ABTA and administered independently by CEDR Solve, part of 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 www.abta.com 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 personal injury or illness subject to a limit of £1,500* on the amount the arbitrator can award per person in respect of this element. In order to apply for arbitration, the complaint must be sent to ABTA Consumer Affairs no later than 18 months after return from the holiday using an online form which can be found at www.abta.com. Further details on the ABTA Arbitration Scheme can be found at www.abta.com. For claims not covered by the ABTA Arbitration Scheme such as personal injury, serious illness, nervous shock, death or consequences of any of these, you may want to use the mediation scheme. Mediation cannot be used if you have started a legal action unless both parties have agreed to suspend or stop the legal action. The mediation scheme is independent from ABTA and is a quicker and easier way to resolve your dispute. Further details on the mediation scheme can be found at www.abta.com. FLIGHTS Choice of Airlines All the airlines mentioned in this brochure operate scheduled services. Alternative flights (eg charters) are available to some destinations which, if more suitable, we will be happy to arrange on your behalf.
Pre Allocated Seats
We will be happy to request ‘preferred seating’ whenever possible although airlines will not guarantee them. All requests will be subject to the individual airlines own policy.
Flight Amendments
As a general rule, cheaper fares mean less flexibility. We offer a range of airfare choices from; • ‘Inclusive tour fares’ - amendments are not usually allowed by the airlines after departure except in cases of Force Majeure. Should you wish to curtail or extend your holiday or not travel on that particular airline for any other reason you will probably be required to purchase a new ticket locally. No refund can be made on any unused portions of these tickets. • Other more flexible fares- may be available for which the rules/ conditions will be discussed at the time of booking.
Premium Classes
We will be happy to offer you Premium cabin airfares to most destinations often at preferential rates. The key benefits include: • Preferred check-in desks • Departure lounges at some airports • More spacious and comfortable seats • Higher standard of meals and drinks • Increased baggage allowance
Types of Aircraft
At the time of booking, we can confirm aircraft types scheduled to operate but, unfortunately, cannot guarantee them as airlines reserve the right to change them at any time for ‘operational reasons’. A direct flight means that there is no need to change aircraft during your journey but your flight may stop en route to refuel or allow passengers to get on or off. You may need to disembark and/or clear customs at such a stop. A non-stop flight means that you will not stop between take off and landing. ACCOMMODATION
Superior Standard
We feature a range of the most popular rooms or suites. However, we will be happy to arrange more luxurious options on a request basis.
Personal Preferences
We are always happy to request individual preferences and, although they can usually be met, they cannot be guaranteed. For example; • Around the World, opinion varies on what really is a ‘double bedded room’. It can be either a room with a double bed but sometimes made up of 2 twin beds pushed together while a ‘twin’ has 2 twin beds. • Particular room / location preferences eg close to main building.
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| Terms & Conditions
Charges for Leisure Facilities
Some hotels will make a local charge for the use of some facilities eg spa / watersports / tennis courts.
Swimming Pools
In the event of us being advised that a swimming pool has been / is due to be out of use for prolonged maintenance then we will try to advise you accordingly. However, sometimes circumstances can be out of both our and the hotels’ control.
Special Diets
Airlines and good hotels will normally try to meet special requests. It may, however, be difficult for some hotels in remote locations to provide for some ‘very specific’ requests.
Check-in/out times
In most cases, hotel rooms are not available until approximately 3 pm on your day of arrival. The check-out times are usually between 11 am & 12 noon on day of departure. Depending on flight times you may not be able to access your room upon arrival; also there may be a considerable time between vacating your room and leaving for the airport. We can arrange a day room if you require at additional cost. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Special requests for early check-in and late check-out are not guaranteed and are subject to availability at the hotel.
Passports/Visas /Health Requirements
The majority of our destinations require British Citizens to hold a full passport which is valid for at least 6 months after your return. The name on your passport must correspond with the name on your ticket or you may not be allowed to travel. and your insurance may be invalid. Some of our destinations may require British Citizens to obtain a visa prior to arrival. Non British Citizens should check with their embassy or consulate to ascertain the relevant passport and visa requirements. None of our destinations currently have any health requirements. You should, however, check with your doctor prior to departure as to which innoculations and available and necessary for specific destinations, An additional useful source of general information is the Department of Health’s free leaflet “Health Advice for Travellers”. It is your own responsibility to check that you are in possession of all relevant travel documentation, and that you have fulfilled any mandatory health requirements. We cannot have any liability for any loss, damage or expense you may incur through having failed to do so.
US Visa Requirements;
From 12 January 2009 all nationals and citizens included in the Visa Waiver Program (VWP) - see www.usembassy.org.uk for VWP countries, who plan to travel to the United States for temporary business or pleasure, are required to hold an electronic travel authorisation prior to boarding a U.S.-bound airplane or cruise ship. Electronic authorisations need to be submitted on https://esta.cbp.dhs.gov not less than 72 hours prior to travel. However last minute authorisations can be submitted at the above website. Once approved the electronic travel authorisation will be valid for 2 years or until your passport expires if within the 2 years. Each traveller is responsible for holding the correct documents for their own travel. American Express can not be held liable for travellers not holding the correct documentation.
General Information
Please be aware when confirming your holiday of adverse weather seasons eg. Caribbean/ Florida hurricane season or visit the appropriate travel websites for more information.
Child Discounts
The best child discounts normally apply when sharing accommodation with two adults. Local charges may apply for infants (under 2yrs) eg meals.
Holiday Prices
Our holiday prices are based on known costs and are correct at time of print (November 2016). Prices are subject to change, terms and conditions apply.
What they do Include
Unless otherwise stated, all prices shown throughout this brochure include the following: • Flights - based on return economy class air travel as specified including prepaid departure/fuel surcharges/airline/government and local taxes which are estimated at time of print will be confirmed at time of booking and are subject to change. (November 2016). • Accommodation - grade as shown, based on two adults sharing and. inclusive of hotel service charges and local taxes • Meals as shown- where ‘Half Board’ is breakfast and dinner and ‘Breakfast’ includes full buffet or continental breakfast, A La Carte meals are not included.
What they do not Include
• Passport or Visa costs, • Porterage/ Gratuities/ Personal Expenditure • Holiday insurance, unless covered automatically as benefit of being an American Express Cardmember • Transfers • Anything that is not stipulated within the package price would be an additional cost Restrictions may apply to the choice of restaurants available when booking half board or full board. Some hotels may apply a dress code. More information is available when making a booking. C. Booking Conditions This brochure was published in November 2016.
The Vacation Collection travel arrangements are operated by ALG Tide UK Ltd, operating Travel Impressions and The Vacation Collection (Registered Address 49 Southwark Bridge Road, London, United Kingdom, SE1 9HH; Registered Number 08514631). Member of ABTA (number Y6128) and ATOL (number 10780). If you have any membership queries, wish to book a holiday or have any queries about our holidays please contact your Platinum Travel Service in the first instance. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. 1. Brochure Accuracy We make every effort to ensure the accuracy of our brochure. However, changes outside our control may occur during the period between preparation of the brochure and your holiday; also, the availability of facilities may be affected by local conditions or adverse weather conditions. We reserve the right to change any of the facilities, services or prices contained in the brochure (including any information leaflets which accompany the brochure). We will tell you of any change before you make a booking. 2. Making a booking as a Cardmember and using your Card as payment Eight (8) weeks before departure date, the balance will be debited from your Card. Should the booking be made within eight (8) weeks of departure, full payment will be immediately charged to your Card. You must use your Card to pay for your holiday. If you have any specific requests, we will advise the relevant supplier but we cannot guarantee they will be met and no Liability will be met by the Company, Bookings can be made with the Platinum Travel service. 3. Cancellation of your holiday by you All cancellations must be in writing and signed by you. Written notice of cancellation can be sent to us by fax or by email (provided at time of booking) but must in all cases be confirmed by recorded delivery. Upon receipt the following charges (excluding insurance premiums and amendments charges paid) will be payable by you, depending upon the number of days prior to departure. You will be liable for the appropriate cancellation charges, which will apply from the date of receipt by us of your written notice of cancellation. Your cancellation policy is outlined below. You will be liable for the appropriate cancellation charges, which will apply from the date of receipt by us of your written notice of cancellation. Cancellation charges are as follows: Period Amount charged (% of total cost of holiday) More than 56 days before departure Loss of deposit 55 - 43 days before departure 30% 42 - 29 days before departure 65% 28-15 days before departure 90% 14 days or less before departure 100% These rates are correct at time of publishing (November 2016) Please note there will be limited occasions where this policy does not apply to certain products/destinations and bookings made during particular times of the year. This includes, but is not limited to some city breaks, packages to Africa and holidays booked for travel during the Christmas/New Year/Trade Fayre periods. For all bookings, your travel counsellor will inform you of the cancellation policy and applicable charges payable at the time you make your booking. 4. Changes to your Holiday by You We are happy to make minor changes on your behalf. No charge will be made for minor changes; however, if the changes are more significant, cancellation policy fees will be calculated - please see clause 5 below. Any amendment to your holiday after the contract has been confirmed will be subject to availability and payment of any consequent price change. Please note flight tickets/ hotel reservations may carry cancellation restrictions - these will be quoted separately. 5. Changes made to your Holiday by Us We reserve the right to make changes to your holiday. A change may be “significant” or “minor”. A significant change will be a change of UK airport to one that is less convenient, a change of accommodation to a lower grade, or a change of planned departure time by more than 12 hours. Any other changes will be “minor” for example hotel pool closures, hotel facilities/amenities changes. We reserve the right to make minor changes at any time. We will, if practicable, advise you of minor changes before you leave. However, we are not obliged to do so, nor are we obliged to pay you compensation for the change. Where there is a significant change, we will inform you as soon as practicable and you will have three options. The first option is to accept our suggested alteration. The second option is to change your booking to another available holiday operated by us. If the replacement you choose is more expensive you will have to pay the difference, but if it is cheaper we will give you the appropriate refund. The third option will be to cancel your holiday altogether and to receive a full refund. On rare occasions, significant changes become necessary after departure. If this happens, or if we become unable to provide a significant proportion of services booked, we will either arrange for you to return to the UK (if you wish) and give you a refund in proportion to the cost of the services not received, or we will make alternative holiday arrangements for you. If we make a significant change, we will, if appropriate, also pay you compensation on the following scale: More than 56 days before departure NIL per person 33 - 56 days before departure £50* per person 15 - 32 days before departure £70* per person 0 -14 days before departure £90* per person An example of a situation in which it would not be appropriate to award compensation is if we have to make a major change for reasons of “force majeure” (that is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, for example war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control).
Terms & Conditions | 181 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, Full details will be advised at time of booking & will be shown on your itinerary/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. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. 6. Cancellation of your Holiday by Us We reserve the right to cancel your holiday up to 2 months before departure. After that, we will only cancel your holiday for reasons of “force majeure”. In the unlikely event that we cancel your holiday, we will offer you the choice of an alternative holiday if available, or a full and prompt refund of all that you have paid. If the only acceptable alternatives are more expensive than the holiday booked you will have to pay the difference; if the alternative you choose is cheaper, we will make the appropriate refund. In addition, unless the cancellation was caused by “force majeure” we will, if appropriate, also pay you compensation on the scale set out above in clause 5. We reserve the right to cancel your holiday and levy cancellation charges in the amounts set out in clause 3 above should you fail to pay the final balance when due, or if you behave in an improper manner (please see clause 11). 7. Surcharges Changes in transportation costs, including the cost of fuel 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 £10.00* 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 of 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. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies in Autumn 2016; in relation to the following currencies: USD, SKR, CHF, GBP, EUR, AUD, NZD, ZAR, THB, SGD, BHP, OMR, HKD, CNY, RUB, MYR. 8. Our liability (i) Our obligations, and those of our suppliers providing any service or facility involved in any of your holiday arrangements, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier are actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers’, obligations. You must show that reasonable skill and care has not been used if you wish to make any claim. (ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your holiday not be as described in the brochure. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation to take account of any loss of enjoyment which you actually suffer and properly to reflect objectively the circumstances of your claim. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us. (iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment. (iv) For claims which involve death or personal injury as a result of an activity forming part of your holiday (excluding Overseas Booked Excursions see Section entitled “Excursions”), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation. (v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the holiday and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled. (vi) If any International Convention applies to or governs any of the services or facilities
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your holiday. Any applicable Protocols or amendments shall apply to all such International Conventions. International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation. The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) (“the Athens Convention”) apply to the Cruise element of your holiday as well as the process of getting on or off the ship concerned. Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled “Complaints”. Should you become ill while on your holiday, you must, in addition to reporting your illness to our representative local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
9. Amount of compensation The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in clause 8 above. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier’s conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount. 10. Your Responsibilities (i) While on holiday any damage to property shall be the liability of yourself. You will be liable for full cost of repairs or replacement. (ii) You must report promptly at the stated times for all transport arrangements and ensure that you have all necessary travel tickets and documents, including passports, visas and any health certificates required. We will have no responsibility to you if you cannot gain access to any country because you do not have the appropriate travel tickets and documents. 11. Flight Reconfirmation It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK. 12. Suppliers’ Conditions Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers’
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| Terms & Conditions
Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers’ Conditions and our conditions, the Suppliers’ Conditions will prevail, save to the extent that any term in the Suppliers’ Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers’ Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conventions may be available for inspection at the office of the relevant supplier. 13. Airline Collapse In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of ‘like for like’. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you. 14. Flight and Other Travel Timings Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport – Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility. If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements. Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense. 15. Special requests If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room or Cruise Ship state room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing. 16. Disabled Travellers and Passengers with Reduced Mobility We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact our Special Needs Team. This is a dedicated telephone line for special needs enquiries and we are unable to transfer calls to other departments. If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor’s certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
Overseas accommodation and services
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly before making your reservation. This will enable you to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
17. Excursions Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based ‘shore’ excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort or on Cruise Ships (“Overseas Booked Excursions”) or pre-booked and paid for when you book your Package with us (“Pre-booked Excursions”). All excursions are supplied by third party suppliers and are subject to the entitled “Suppliers’ Conditions” above. We accept, subject to the Sections entitled “Suppliers’ Conditions” and “Our Liability to You” above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your Package and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also. 18. Complaints If you feel it necessary to complain about any aspect of your holiday during your stay, it is essential that this is brought to the immediate attention of the hotel or other relevant supplier and local representative so that remedial action may be taken where possible. If your complaint cannot be resolved locally, please inform the hotel or other relevant supplier and contact your booking agent accordingly and follow up in writing on your return from holiday within 28 days. If you fail to follow this procedure, the Company will not accept responsibility for any claim as we have been deprived of the opportunity to investigate and rectify the problem. If we cannot settle your complaint amicably, it may if you wish be referred to arbitration. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents atone 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 IDRS within twelve months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still he 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. 19. Passport, Visa and immigration Requirements Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 20. Data Protection (a) You and the individuals you are booking for understand and agree that we will: (i) disclose information about you, and the individuals in your group to computerized reservation systems and other distribution technology systems, to airlines and other Suppliers; (ii) keep information about you and the individuals in your group only for so long as is appropriate for the purposes of this Agreement or as required by applicable law; and (iii) undertake all the above both within and outside the European Union. This includes processing the Information in the United States of America and other countries outside the European Union in which data protection laws are not as comprehensive as the European Union. However, we undertake that we have and will implement appropriate measures designed to ensure information about you and the individuals in your group will have the same protection in the United States of America and the other countries outside the European Union as such information would have within the European Union. (b) Should you require bookings, payments, delivery of itineraries to be made over the Internet, then it is your responsibility that these transmissions will be conducted via the Internet. We will use reasonable efforts to ensure the security of this data; however, we will not be held liable for any interception of such data. (c) To the extent that we collect any passenger data on behalf of air carriers or other vessels for purposes of meeting governmental requirements (such as the United States’ Advance Passenger Information System requirements) and notwithstanding anything to the contrary, you hereby waive and release any and all obligations and liabilities of us, expressed or implied, arising by law or otherwise, related to such activities. Without limiting the generality of the foregoing, you acknowledge that we will not be liable if we are supplied with incorrect data regarding a traveller’s residence in the United States or a traveller changes his or her plans without informing us. 21. Law and Jurisdiction Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes. * Equivalent amount Euros or US Dollars where applicable
