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Once you have decided on the holiday you require, please carefully read the
following conditions, as these form the basis of your relationship with Cox & Kings
Travel Limited (‘Cox & Kings’ or ‘us’) and with any supplier with whom you have
a direct contract. Except where otherwise stated, these booking conditions only
apply to holiday arrangements which you book with us in the UK and which we
agree to make, provide or perform (as applicable) as part of our contract with
you or, where we act as agent as set out below, arrange for you. All references in
these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these
booking conditions, “you” and “your” means all persons named on the booking or any
of them as applicable (including anyone who is added or substituted at a later date).
1) Your Contract
a) If you book only one type of arrangement with Cox & Kings (for example hotel(s)
only or cruise only,), Cox & Kings acts only as a booking agent for the supplier of
that arrangement (for example the hotel or cruise provider). Your contract for that
arrangement will be with that supplier (in these conditions referred to as the “Third
Party Supplier”) and not Cox & Kings. The Third Party Supplier’s own terms and
conditions (copies available on request) will apply to that contract in addition to the
applicable parts of these conditions.
(b) In all other cases your contract will be with Cox & Kings.
(c) When you make a booking you guarantee that you have the authority to accept
and do accept on behalf of your party the terms of these booking conditions.
2) Booking, Payment and Confirmation
(a) You may book by post, telephone, via our website or through one of our
authorised agents. All bookings are subject to our booking conditions. Except for
online bookings, the person who makes the booking must confirm acceptance of our
booking conditions on behalf of all persons named on the booking by signing and
returning our booking form or in writing by some other means (such as e-mail) to
us or your travel agent. We will communicate with you by e-mail in relation to your
booking (including sending you documents such as your confirmation invoice) if you
book online or otherwise provide us with an e-mail address. You must accordingly
check your e-mails on a regular basis and should print and retain hard copies of
all confirmation documents, e-tickets and other important communications. We will
contact you by telephone and/or post if you do not provide us with an e-mail address
or we cannot, for whatever reason, contact you by e-mail. Certain documents may
need to be sent by post. References in these booking conditions to “send” and “in
writing” include communication by e-mail and via our online booking facility where
applicable. You may contact us by e-mail for any of the reasons mentioned in these
booking conditions (for example, to request an amendment). All e-mails should be
sent to sales@coxandkings.co.uk
(b) A minimum deposit of £150 per person or 15% of your total holiday cost
(whichever is greater) together with any applicable insurance premium (or evidence
of alternative cover) (see clause 5) and any applicable visa fees (see clause 11(a))
must be paid at the time of booking. In some cases, the deposit payable will be higher
as full or part payment for certain services such as flights may also be reuired to
make a booking – details at the time of booking.
If you book less than 8 weeks before departure, full payment must be sent at the time
of booking. Where we act only as agent (see clause 1(a)) you will be advised of the
applicable deposit and payment timetable at the time of booking.
(c) On receipt of your completed booking form / written acceptance of our booking
conditions and the applicable payment, and providing your requested holiday is
available, Cox & Kings will issue a confirmation invoice. It is at this stage that a binding
contract comes into existence between you and Cox & Kings or between you and the
Third Party Supplier, as applicable. Please note, though, that if you book a tailor-made
itinerary or an extension to a brochure tour, your accommodation, flights etc. will only
be requested by Cox & Kings once your booking form together with a deposit has
been received. Your confirmation invoice, in this instance, will indicate your requested
package cost and you will be advised of any accommodation, flights etc. which are still
on request and not confirmed at the time the confirmation invoice is issued.
(d) Once payment has been made, any subsequent request to have that
payment refunded and to pay by an alternative means may require you to pay an
administration fee.
(e) It is your responsibility to check the confirmation invoice and any other
documents we send you carefully and to let Cox & Kings or your travel agent know
immediately in the event of any error or inaccuracy, as it may not be possible to make
changes later. Where we act only as agent for a Third Party Supplier we will have
no responsibility for any errors in any documentation except where those errors
were made by ourselves.
(f) The balance of the cost of your arrangements is payable not less than 8 weeks
prior to departure, unless you are informed otherwise. If all payments (including any
surcharge where applicable) are not received on time, we (or we acting as agent for
the Third Party Supplier where applicable) are entitled to assume that you wish to
cancel your booking and will retain the deposit paid. If we do not cancel straightaway
because you promise to make payment but you still fail to do so, you must pay the
cancellation charges shown in clause 9 depending on the date we (or we acting as
agent for the Third Party Supplier where applicable) reasonably treat your booking
as cancelled by you.
(g) (1) Providing full payment has been received, travel documents will be sent
approximately 2 weeks before departure (Third Party Suppliers’ policies may
vary) unless your booking is made within 6 weeks of departure, in which case final
documents will be sent as soon as possible, made available for collection or sent
by courier upon the payment of a fee. Non-UK residents may incur an additional
delivery charge.
(2) For some countries you will be handed your internal flight/train/
hotel vouchers by your tour manager/Cox & Kings representative on arrival at your
destination.
(h) Cox & Kings has included in the relevant prices all government taxes in the
amount applicable at the time of booking which do not have to be paid locally. Those
that have to be paid locally by you are extra and are your responsibility (such as
international airport departure tax).
3) Special Requests / Medical Problems / Disabilities
Where special requests for flight seats, room/cabin allocation, diet considerations
etc. are required Cox & Kings must be made aware of these in writing at the time of
booking. Whilst every effort will be made to pass these requests on to the suppliers
concerned (or Third Party Suppliers where applicable), we cannot guarantee they
will be met. Where special requests for flight seats are passed on by Cox & Kings
to an airline, the confirmation of seat numbers is at the discretion of the airline.
Confirmation that a special request has been noted or passed on to the supplier /
Third Party Supplier or the inclusion of the special request on your confirmation
invoice or any other documentation is not confirmation that the request will be met.
Unless and until specifically confirmed, all special requests are subject to availability.
If you have any disability or medical condition which may affect your arrangements or
the booking process, please provide us with full details before booking so that we can
advise as to the suitability of the chosen arrangements and/or assist you with making
your booking. In any event, we must be given full details in writing at the time of
booking and whenever any material change in the disability or condition occurs. You
must also advise us in writing if any such disability or condition develops after your
booking has been confirmed.
4) Your Travel Agent
(a) Any travel agent through whom you make a booking will relay information from
you to us and vice versa. Cox & Kings is neither responsible for any failure by your
travel agent to do this properly, or in good time, nor for any advice given to you by
your travel agent that did not originate from Cox & Kings.
(b) Any money you pay to one of our authorised travel agents for your booking will
be held by the travel agent on behalf of Cox & Kings / the Third Party Supplier (as
applicable) until it is paid to us.
5) Insurance
It is a condition of booking with us that you take out insurance at the time of, or prior to,
making your booking. If you do not purchase the policy we offer, you must purchase an
appropriate alternative, and let us have the details of this at the time of booking. If you
purchase insurance through Cox & Kings you must notify us of relevant factors that may
affect your particular requirements for cover such as pre-existing medical conditions
/ disabilities. If you do not purchase insurance through us it is your responsibility to
ensure that you purchase a policy that provides cover equivalent to that which we offer.
Cox & Kings cannot be held responsible if you purchase an inadequate insurance
policy or if you fail to notify Cox & Kings of factors affecting your particular
requirements for cover. Insurance premiums should be paid at the time of booking
and are non-refundable. Non-European Union residents should obtain equivalent
insurance cover in their country of residence. Please read your policy details carefully
and take them with you on holiday. It is your responsibility to ensure that the
insurance cover you purchase is suitable and adequate for your particular needs. We
do not check alternative insurance policies.
6) Alteration By You
(a) If you wish to make any amendments to your holiday after the confirmation
invoice has been issued, you must inform us in writing and we will do our best to
help. Please note however that if you (i) change to a different departure date, cruise
or destination or (ii) change your booking less than 8 weeks before departure, this
will be treated as a cancellation and a new booking and you will be liable for the
cancellation charges set out in clause 9 (except as set out in 6(c) below). In the event
a change can be made, you must pay all costs and charges incurred or imposed by
any of our suppliers (or Third Party Suppliers where applicable) together with an
amendment fee of £35 per alteration per booking before the change can be made.
(b) If you wish to change any aspect of your holiday after it has commenced,
Cox & Kings and/or their agents will do their best to assist, subject to you being
responsible for any cancellation charges that may be levied for the arrangements
originally booked, for the cost of your new arrangements and for any costs incurred
by Cox & Kings and/or their agents in attempting to secure or securing any revised
arrangements. All such charges and costs are payable locally.
(c) If you wish to transfer your place on your booking to another person (introduced
by you), you may do so provided the reason for the transfer is personal illness,
the death or serious illness of a close family member, jury service, redundancy or
unavoidable work commitments. Requests for a transfer must be made in writing at
least 30 days prior to departure and must be accompanied by documentary proof
of the reason for the transfer (e.g. a doctor’s certificate), full details of the person
who will replace you, any outstanding balance due for the tour, a payment of £35
to cover our administration costs plus such amount as our suppliers (or Third Party
Suppliers where applicable) will require to effect the change (if the transfer can be
made). Please note that, in some cases, suppliers such as airlines treat name changes
as a cancellation, levying cancellation charges and requiring payment for a new ticket.
These charges must be paid by you before any change can be made.
7) Changes to or Cancellation of your Arrangements by us
or your Third Party Supplier
(a) This clause 7(a) applies only if your contract is with us.
Occasionally, we have to make changes to and correct errors in brochure and other
details both before and after bookings have been confirmed and cancel confirmed
bookings which we reserve the right to do.
Most changes are minor. Occasionally, we have to make a “significant change”. A
significant change is a change made before departure which, taking account of the
information you give us at the time of booking and which we can reasonably be
expected to know as a tour operator, we can reasonably expect to have a major
affect on your holiday. Significant changes include the following changes when made
before departure; a change of accommodation to that of a lower official classification
or standard for the whole or a major part of the time you are away, a change of
outward departure time or overall length of time you are away of twelve or more
hours, a change of UK departure point to one which is more inconvenient for you
(except between airports serving the same city) and, in the case of cruises a radical
change of itinerary.
If we have to make a significant change or cancel, we will tell you as soon as possible.
If there is time to do so before departure, we will offer you the choice of the
following options:-
(i) (for significant changes) accepting the changed arrangements or
(ii) purchasing an alternative holiday from us (paying or receiving a refund in respect
of any price difference) or
(iii) cancelling or accepting the cancellation in which case you will receive a full and
quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel, we will, where compensation
is appropriate, pay you the compensation payments set out in the table below
depending on the circumstances and when the significant change or cancellation
is notified to you or your travel agent subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the above
mentioned choices can be accepted where we are forced to make a change or
cancel as a result of unusual and unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with all due care or
where we have to cancel because the minimum number of persons required to
operate your holiday has not been reached prior to the balance due date. No
compensation will be payable and the above options will not be available if we
cancel as a result of your failure to comply with any requirement of these booking
conditions entitling us to cancel (such as paying on time) or if the change made
is a minor one. A minor change is any change that does not come within the
definition of a significant change set out above. Although Cox & Kings will try to
notify you of minor changes, it is not obliged to do so. Minor changes include (but
are not limited to) the following: (1) Changes to the confirmed destinations for your
holiday but not all of them; (2) Changes in the scheduled date and time of arrival
or departure provided that, where necessary, hotel accommodation and reasonable
sustenance for the period in question is provided to you at no additional charge;
(3) Substitution of a named Lecturer and or Leader for another knowledgeable
expert in the same field.
All group holidays with Cox & Kings require a minimum number of bookings before
they will operate. If an insufficient number of people have booked to make your
holiday arrangements financially viable so that we have to cancel, we will inform you
no later than 8 weeks before your departure date. In this case, you will be offered
the options set out above but no compensation will be payable.
Period before departure a significant change Compensation
or cancellation is notified to you or your travel agent per person
More than 56 days £10.00
43-56 days £15.00
42-29 days £20.00
28-15 days £30.00
14-0 days £40.00
As Cox & Kings neither owns, manages nor controls the accommodation /
transportation that it uses, it is possible that Cox & Kings may be advised that your
reserved accommodation is not available when you arrive at your destination. In this
event Cox & Kings will endeavour to secure accommodation of at least the same
standard in that destination. Except where the change is caused by force majeure
(see cl 8), if only accommodation of a lower standard is available Cox & Kings will
refund the difference between the prices of the accommodation booked and that
received, and will pay £30 per person for any inconvenience caused. This amount will
be paid on your return from holiday.
(b) This clause 7(b) applies if your contract is with a Third Party Supplier.
If the Third Party Supplier changes or cancels your booking we will pass on the new
details to you together with any compensation that the Third Party Supplier may
offer. As agent only for the Third Party Supplier we cannot accept any liability for any
changes or cancellations made to these bookings.
8) Force Majeure
Except where otherwise expressly stated in these booking conditions, neither we
nor any Third Party Supplier can accept liability or pay any compensation where the
performance or prompt performance of our or the Third Party Supplier’s contractual
obligations is prevented or affected by or you otherwise suffer any damage or loss
(as more fully described in clause 12(a)(2) below) as a result of “force majeure”. In
these booking conditions, “force majeure” means any event which we / the supplier
of the service(s) in question / the Third Party Supplier could not, even with all due
care, foresee or avoid. Such events may include, whether actual or threatened, war,
riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse
weather conditions, epidemics, fire and all similar events outside the control of the
party concerned.
9) Cancellation By You
Should you wish to cancel your booking you must notify Cox & Kings or your travel
agent (as applicable) in writing. Such notification will only be deemed to have been
given on receipt by us of your letter, since we can only act on receipt. Please state the
reason for your cancellation as you may be covered by your insurance policy. Claims
must however be made direct to your insurance company.
The following cancellation charges will apply. Where the cancellation charge is
shown as a percentage, this is calculated on the basis of the total cost payable by
the person(s) cancelling excluding insurance premiums and amendment charges.
Insurance premiums and amendment charges are not refundable.
Days before departure Amount of cancellation charges
notification received. as a % of total tour cost
More than 56 days Deposit
56 to 29 40% or deposit if higher
28 to 15 60% or deposit if higher
14 to 08 75% or deposit if higher
07 to 04 90%
03 to day of departure or later 100%
No allowance or refund can be made for meals, rooms, excursions etc., included in
the price of your tour but not taken, nor can any refund be made for lost, mislaid
or destroyed travel tickets or vouchers. Part cancellation of a booking may result in
increased costs for the remaining party members.
10) Prices
Prices are based upon then known costs and exchange rates of GBP£1 = US
Dollar 1.50, Euro 1.19, Indian Rupee 70.06, Japanese Yen 132.70, Hong Kong Dollar
11.66, Thai Baht 48.51, Malaysian Ringgit 4.80, Chinese Yuan 10.15, Moroccan
Dirham 13.14, Arab Emirates Dirham 5.51, South African Rand 11.42, Australian
Dollar 1.72, New Zealand Dollar 2.11 (as quoted in the Financial Times world value
of the pound table on 12 July 2010). For all exchange rates not mentioned, the rate
of exchange of the US dollar applies.
Where your contract is with Cox & Kings then once the price of your chosen holiday
has been confirmed at the time of booking, we will only change it in the following
circumstances. A surcharge or refund (as applicable) will be payable, subject to the
conditions set out in this clause, in the event of any change in our transportation
costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of
the contract between airlines (and their agents) and the tour operator) or in the
dues, taxes or fees payable for services such as landing taxes or embarkation or
disembarkation fees at ports or airports or in the exchange rates which have been
used to calculate the cost of your holiday.
Even in the above cases, only if the amount of the increase in our costs exceeds 2%
of the total cost of your holiday (excluding insurance premiums and any amendment
charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost
of your holiday (excluding insurance premiums and any amendment charges), you
will be entitled to cancel your booking and receive a full refund of all monies you
have paid to us (except for any amendment charges) or alternatively purchase
another holiday from us as referred to in clause 7(a). In either case there will be
an administration charge of £1 per person together with an amount to cover any
travel agent’s commission. Although insurance (where purchased through us) does
not form part of your contract with us or of any “package”, we will consider an
appropriate refund of any insurance premiums you have paid us if you can show
you are unable to use/reuse or transfer your policy in the event of cancellation or
purchase of an alternative holiday. 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. A refund
will only be payable if the decrease in our costs exceeds 2% as set out above. Where
a refund is due, we will pay you the full amount of the decrease in our costs.
Where applicable, you have 14 days from the issue date printed on the surcharge
invoice to tell us if you want to cancel or purchase another holiday. If you do not tell
us that you wish to do so within this period of time, we are entitled to assume that
you will pay the surcharge. Any surcharge must be paid with the balance of the cost
of the holiday or within 14 days of the issue date printed on the surcharge invoice,
whichever is the later.
We promise not to levy a surcharge within 30 days of the start of your holiday. No
refunds will be payable within this period either.
Where your contract is with a Third Party Supplier, as we act only as agent, we must
pass on to you in full all additional costs and charges of whatever nature imposed by
the Third Party Supplier in accordance with its own terms and conditions.
Please note, changes and errors occasionally occur. You must check the price of your
chosen holiday at the time of booking. We reserve the right to make changes to and
correct errors in advertised prices at any time before your holiday is confirmed.
Occasionally our holiday prices are discounted for a limited period for promotional
purposes. Discounts cannot be applied retrospectively to reduce the price of a
confirmed booking.
11) Your Responsibilities
(a) Visas: General information concerning visa requirements applicable to British
Citizens is set out in our Documents & Health section. We will notify you of any
changes to visa requirements applicable to British Citizens who hold a full British
passport which occur before your confirmation invoice is issued but please note that
further changes could take place before you travel. You must check the up to date
requirements in good time before departure. Cox & Kings will be happy to make any
necessary visa applications on behalf of British passport holders, provided applications
are lodged at our offices at least 6 weeks prior to departure. We cannot however
guarantee the granting of any visas, as this is a matter outside our control. If a visa is
not granted then we cannot accept any liability for the consequences and reserve the
right to pass on to you any costs incurred as a result, including cancellation charges.
Non-British citizens / holders of non British passports should check with their
nearest consulate or embassy for visa requirements.
(b) Passports: British Citizens require a full British passport (valid for at least 6 months
beyond the end of your holiday) for the holidays we offer. Please see our Travellers
Advice section for full details, or seek the advice of our travel consultants. Please
note: requirements may change and you must check the up to date requirements in
good time before departure. A full British passport presently takes approximately 2
to 6 weeks to obtain. If any member of your party is 16 or over and hasn’t yet got
a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before
issuing your first passport and will ask you to attend an interview in order to do this.
Please also see clause (d) below.
(c) Health: Recommended and mandatory inoculations for travel are set out in our
Documents & Health section. We will notify you of any changes in these that occur
before your confirmation invoice is issued. However, further changes may occur at
any time and you should consult your doctor in good time before you depart. Health
requirements for your holiday destination are outlined in the Department of Health
leaflet entitled ‘The Travellers Guide to Health’ (T7), available from ABTA travel
agents, most post offices, by telephone on 0870 1555455 or via the Department of
Health website www.dh.gov.uk.
If you have any medical condition / disability that may affect your ability to enjoy
and pursue fully your arrangements you must notify us in accordance with cl 3.
Cox & Kings reserves the right, where appropriate, to ask you to provide written
certification of your medical fitness prior to departure. It is your responsibility to
ensure that you obtain all necessary inoculations, take all necessary medication and
follow all medical advice in relation to your holiday.
(d) Documents: It is the responsibility of the person who makes the booking to
ensure that all members of the party are in possession of all necessary travel and
health documents and have all necessary vaccination certificates before departure.
All costs incurred in obtaining such documentation or vaccinations / certificates must
be paid by you. We regret we cannot accept any liability if you are refused entry
onto any transport or into any country due to failure on your part to carry correct
documentation or have the correct vaccinations/certificates. If failure to have any
necessary travel or other documents results in fines, surcharges, expenses or other
financial penalty being imposed on us, you will be responsible for reimbursing us
accordingly. If you are refused a visa we cannot accept any liability. If you are unable to
travel as a result you will be liable to pay our normal cancellation charges. The person
who makes the booking is also responsible for ensuring that every member of your
party has adequate travel insurance (see clause 5 above).
(e) Behaviour: You must not behave in a way that may cause distress, danger or
annoyance to others or damage to property. When you book with us, you accept
responsibility for any damage or loss caused by you or any member of your party. Full
payment for any such damage or loss (reasonably estimated if not known at the time)
must be paid direct at the time to the accommodation owner or manager or other
supplier. If the actual cost of the loss or damage exceeds the amount paid where
estimated, you must pay the difference once known. If the actual cost is less than the
amount paid, the difference will be refunded. You will also be responsible for meeting
any claims subsequently made against us and all costs incurred by us (including our
own and the other party’s full legal costs) as a result of your actions. You should
ensure you have appropriate travel insurance to protect you if this situation arises.
If you are subject to arrest, or are prevented from travelling at the discretion of an airline
or other transport or cruise provider, or if you are evicted from a hotel at the discretion
of the hotel management, we will not refund any portion of the cost of your holiday, nor
will we have any further responsibility towards you, including the provision of any return
travel arrangements, or pay you any compensation whatsoever. If we incur any expense
as a result of your behaviour, you will be obliged to reimburse us for that expense.
(f) Travel advice: For up to date travel advice from the UK Government, visit www.
fco.gov.uk/knowbeforeyougo.
12) Our Liability
This clause 12(a) does not apply where your contract is with a Third Party Supplier
(a) (1) We promise to make sure that the holiday arrangements we have agreed
to make, perform or provide as applicable as part of our contract with you are
made, performed or provided with reasonable skill and care. This means that,
subject to these booking conditions, we will accept responsibility if, for example, you
suffer death or personal injury or your contracted holiday arrangements are not
provided as promised or prove deficient as a result of the failure of ourselves, our
employees, agents or suppliers to use reasonable skill and care in making, performing
or providing, as applicable, your contracted holiday arrangements. Please note it is
your responsibility to show that reasonable skill and care has not been used if you
wish to make a claim against us. In addition, we will only be responsible for what
our employees, agents and suppliers do or do not do if they were at the time acting
within the course of their employment (for employees) or carrying out work we had
asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of
possessions or enjoyment), damage, expense, cost or other sum or claim of any
description whatsoever which results from any of the following: -
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their
party or the act(s) and/or omission(s) of a third party not connected with the
provision of your holiday which were unforeseeable or unavoidable or ‘force majeure’
as defined in clause 8.
(3) We cannot accept responsibility for any services which do not form part of our
contract. This includes, for example, any additional services or facilities which your
hotel, cruise provider or any other supplier agrees to provide for you where the
services or facilities are not advertised in our brochure and we have not agreed to
arrange them as part of our contract and any excursion / activities you purchase
whilst away. Please also see clause 16 “Excursions/Activities/Suppliers Terms and
Conditions”. In addition, regardless of any wording used by us on our website, in any
of our brochures or elsewhere, we only promise to use reasonable skill and care as
set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or
arrange as part of our contract - and the laws and regulations of the country in which
your claim or complaint occurred - will be used as the basis for deciding whether
the services in question had been properly provided. If the particular services which
gave rise to the claim or complaint complied with the local laws and regulations
applicable to those services at the time, the services will be treated as having been
properly provided. This will be the case even if the services did not comply with the
laws and regulations of the UK which would have applied had those services been
provided in the UK. The exception to this is where the claim or complaint concerns
the absence of a safety feature which might lead a reasonable holidaymaker to refuse
to take the holiday in question.
(5) As set out in these booking conditions we limit the maximum amount we may
have to pay you for certain claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal
possessions (including money), the maximum amount we will have to pay you is
£1,500 per person affected unless a lower limitation applies to your claim under this
clause or clause 12(a)(6) below.
For all other claims which do not involve death or personal injury, if we are found
liable to you on any basis the maximum amount we will have to pay you is a refund of
the cost of the holiday (excluding insurance premiums and amendment charges) paid
by or on behalf of the person(s) affected in total, a refund of any directly attributable
expenses reasonably incurred by that person and a daily sum of £72 per person
unless a lower limitation applies to your claim under clause 12(a)(6) below. This
maximum amount will only be payable where everything has gone wrong and you
have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal
injury) concerns or is based on any travel arrangements (including the process of
getting on and/or off the transport concerned) provided by any air, rail, sea or road
carrier to which any international convention or EU regulation applies, the maximum
amount of compensation we will have to pay you will be limited. This maximum
amount will be the most the carrier concerned would have to pay under the
international convention or regulation which applies to the travel arrangements (for
example, the Warsaw Convention as amended or unamended and the Montreal
Convention for international travel by air and/or for airlines with an operating licence
granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002
for national and international travel by air, the Athens Convention for international
travel by sea and the Convention concerning International Travel by Rail (COTIF)
as amended for travel by rail). Where a carrier would not be obliged to make
any payment to you under the applicable international convention or regulation in
respect of a claim or part of a claim, we similarly are not obliged to make a payment
to you for that claim or part of the claim. You are not entitled to make any claim
against us which concerns or is based on any travel arrangements provided by any
air, rail, sea or road carrier if such a claim is not expressly permitted to be brought
against the carrier by the international convention or regulation which applies to
the travel arrangements in question. When making any payment, we are entitled
to deduct any money which you have received or are entitled to receive from the
transport provider or hotelier for the complaint or claim in question. Copies of the
applicable international conventions and regulations are available from us on request.
NB. For international travel by sea, the Athens Convention limits the maximum
amount the carrier has to pay if found liable in the event of death or personal injury. The Athens Convention also limits the maximum amount the carrier has to pay if
found liable in the event of loss or damage to luggage and also makes provision for
valuables. The maximum the carrier would have to pay you if found liable for any
damage, delay or loss in respect of cabin luggage under the Athens Convention is
currently approximately £800.00 per guest. Once on board ship, all valuable and
important items should be deposited with the purser or in the mini-safe in your
cabin if available. Please remember that no cabin mini-safe is totally secure and
consider whether you need to bring such items on holiday with you. Placing items in
a mini-safe is not depositing them with the carrier for safekeeping for the purposes
of the Athens Convention. We and the carrier cannot accept any responsibility or
liability for any valuable or important items, which are not deposited with the purser
for safekeeping. For items which are deposited with the purser for safekeeping, the
maximum the carrier would have to pay you if found liable for any item(s) lost or
damaged (for any reason) whilst deposited is the maximum which is payable under
the Athens Convention in this situation (currently approximately £1150 per guest).
(7) Please note, we cannot accept any liability for any damage, loss, expense or
other sum(s) of any description (1) which on the basis of the information given
to us by you concerning your booking prior to our accepting it, we could not have
foreseen you would suffer or incur if we breached our contract with you or (2)
which did not result from any breach of contract or other fault by ourselves or
our employees or, where we are responsible for them, our suppliers. Additionally
we cannot accept liability for any expenses or losses which relate to any business
(including self employed loss of earnings).
(b) Clauses 12(b) (1) and (2) below apply only if your contract is with a Third
Party Supplier.
(1) As we act only as an agent for the Third Party Supplier concerned we accept
no liability in relation to the arrangements provided by that Third Party Supplier or
for the acts or omissions of the Third Party Supplier concerned. The terms and
conditions of the Third Party Supplier will apply to your contract (copies available
on request from us).
(2) However, in the event that we are found liable in respect of any Third Party
Supplier arrangements on any basis whatsoever, we are entitled to rely on the
limitations and exclusions of liability and defences set out in clause 12(a). We do not
exclude or limit any liability for death or personal injury which arises as a result of our
negligence or that of our employees whilst acting in the course of their employment.
13) Transportation (including delay)
(a) Air, rail, road and other departure times are supplied by the carriers. They are
subject to, inter alia, air traffic control restrictions, weather conditions, the need for
constant maintenance and the ability of passengers to check in on time. Cox & Kings
does not have any liability to you for any delays that may arise (including any at your
international departure airport). We regret we cannot provide any assistance in such
circumstances other than information and advice to the extent we are in a position
to do so. Where applicable, the airline is responsible for providing any assistance as
is legally required by the Denied Boarding Regulations (see below). Otherwise, any
arrangements in the event of a delay will be at the sole discretion of the airline or
other carrier involved.
(b) In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required
to bring to your attention the existence of a “Community list” which contains details
of air carriers that are subject to an operating ban within the EU Community. The
Community list is available for inspection at http://ec.europa.eu/transport/air-ban/
list_en.htm
We are also required to advise you of the carrier(s) (or, if the carrier(s) is not known,
the likely carrier(s)) that will operate your flight(s) at the time of booking. Where
we are only able to inform you of the likely carrier(s) at the time of booking, we shall
inform you of the identity of the actual carrier(s) as soon as we become aware of
this. Any change to the operating carrier(s) after your booking has been confirmed
will be notified to you as soon as possible.
We are not always in a position at the time of booking to confirm flight timings. The
flight timings shown in this brochure and detailed on your confirmation invoice are
for guidance only and are subject to alteration and confirmation. The latest timings
will be shown on your tickets which will be despatched to you approximately two
weeks before departure. You must accordingly check your tickets very carefully
immediately on receipt to ensure you have the correct flight times. It is possible
that flight times may be changed even after tickets have been despatched - we will
contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if given)
will not entitle you to cancel or change to other arrangements without paying our
normal charges except where specified in these conditions.
If the carrier with whom you have a confirmed reservation becomes subject to an
operating ban as above as a result of which we/ the carrier are unable to offer you a
suitable alternative, the provisions of clause 7 will apply.
(c) If your flight is cancelled or delayed, your flight ticket is downgraded or boarding
is denied by your airline, depending on the circumstances, the airline may be required
to pay you compensation, refund the cost of your flight and/or provide you with
accommodation and/or refreshments under EC Regulation No 261/2004 - the
Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for
the compensation or other payment due to you. All sums you receive or are entitled
to receive from the airline concerned by virtue of these Regulations represent the
full amount of your entitlement to compensation or any other payment arising
from such cancellation, delay, downgrading or denied boarding. This includes any
disappointment, distress, inconvenience or effect on any other arrangements. The
fact a delay may entitle you to cancel your flight does not automatically entitle you
to cancel any other arrangements even where those arrangements have been made
in conjunction with your flight. We have no liability to make any payment to you in
relation to the Denied Boarding Regulations or in respect of any flight cancellation
or delay, downgrading of any flight ticket or denial of any boarding as the full amount
of your entitlement to any compensation or other payment (as dealt with above) is
covered by the airline’s obligations under the Denied Boarding Regulations. If, for any
reason, we make any payment to you or a third party which the airline is responsible
for in accordance with the Denied Boarding Regulations or otherwise, you must,
when requested, make a complete assignment to us of the rights you have against the
airline in relation to the claim that gives rise to that compensation payment. If your
airline does not comply with these rules you should complain to the Air Transport
Users’ Council on 020 7240 6061 www.auc.org.uk.
14) Complaints and Problems
If you have a complaint about any of the holiday arrangements booked with or through
Cox & Kings, you must tell the relevant supplier / Third party Supplier straight away.
You must also tell Cox & Kings’ local representative or agent on site immediately (if
available) or use the Cox & Kings emergency contact telephone number with which
you will be supplied before your departure. That number will put you in contact with
one of our employees who will take all reasonable steps to help you. It is only if you
do this that Cox & Kings has the opportunity to put matters right on the spot. If you
fail to do this, any right to compensation, which you may have, will be extinguished or
reduced. Baggage is deemed to have been delivered undamaged to you unless Cox &
Kings receives written notice in the case of apparent damage immediately upon arrival
or re-delivery or within 15 days of the end of using the service in question for any
loss or damage which is not apparent. If your contract is with a Third Party Supplier, as
we act only as agent, we cannot accept any liability for the arrangements provided by
that Third Party Supplier. Any assistance provided in resolving a complaint in relation to
any booking of this type is provided on a goodwill basis and in our capacity as agent.
15) Arbitration
If you have a complaint or claim which you wish to pursue, please write to us within
28 days of your return to the United Kingdom. Your complaint or claim will be
investigated and a full reply sent to you as soon as possible. As our investigations
often involve obtaining information from overseas, it may take a few weeks. In the
unlikely event that we do not reach an amicable settlement, the dispute, if you so
wish and subject to the Note below, may be referred to arbitration under a special
scheme devised by ABTA but administered quite independently by the Chartered
Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration
on the basis of documents alone, with restricted liabilities on the customer in respect
of costs. Full details will be provided on request or can be obtained from the ABTA
website www.abta.com. Alternatively, AITO’s Independent Dispute Settlement Service may be called upon by
either side to bring the matter to a speedy and amicable solution. Whichever option
you choose, neither scheme applies to claims for an amount greater than £5,000 per
person or £25,000 per booking, or to claims which are solely or mainly in respect of
physical injury or illness, or the consequences of such injury or illness.
Note. If your contract is with a Third Party Supplier and not us it may not be possible
for any dispute arising out of or in connection with the contract to be referred to
arbitration under the schemes mentioned above.
16) Excursions / Ac tivities / Suppliers Terms and Conditions
(a) The information contained in our brochure is correct to the best of our
knowledge at the time of the brochure going to print. We may provide you with
information (in our brochure, on our website and/or when you are on holiday) about
activities and excursions which are available in the area you are visiting. We cannot
guarantee accuracy at all times of information given in relation to such activities
or excursions or about the area you are visiting generally or that any particular
excursion or activity which does not form part of our contract will take place as
these services are not under our control. We have no involvement in any such
activities or excursions which are neither run, supervised, controlled nor endorsed
in any way by us. They are provided by local operators or other third parties who
are entirely independent of us. We have no knowledge as to whether such activities
or excursions and their operators comply with local legal requirements or have any
insurance. Some activities / excursions involve the risk of personal injury. They do not
form any part of your contract with us even where we suggest particular operators/
other third parties and/or assist you in booking such activities or excursions in any
way. We cannot accept any liability on any basis in relation to such activities or
excursions and the acceptance of liability contained in clause 12(a) of our booking
conditions will not apply to them. We do not however exclude liability for the
negligence of ourselves or our employees resulting in your death or personal injury.
(b) Many of the services which make up your holiday are provided by independent
suppliers. Those suppliers provide these services in accordance with their own
terms and conditions. Some of these terms and conditions may limit or exclude
the supplier’s liability to you, usually in accordance with applicable international
conventions (see clause 12(a)(6)). Copies of the relevant parts of these terms
and conditions are available on request from ourselves or the supplier concerned.
17) Financial Security
We are a member of ABTA (ABTA number V2999). We also hold an Air Travel
Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 2815.) 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 2815) administered by the Civil Aviation
Authority for flight inclusive holidays. When you buy an ATOL protected air holiday
package or flight* from us you will receive a Confirmation Invoice from us (or via
our authorised agent through which you booked) confirming your arrangements
and your protection under our ATOL. In the unlikely event of our insolvency, the
CAA will ensure that you are not stranded abroad and will arrange to refund any
money you have paid to us for an advance booking. *The air inclusive holidays and
flights we arrange are ATOL protected providing either the person who pays for the
booking is present in the UK when the booking is made or the first leg of any flight
or flights we arrange for you commences in the UK. For further information visit
the ATOL website at www.atol.org.uk .The price of our air holiday packages includes
the amount of £2.50 per person which is the ATOL Protection Contribution (APC)
we pay to the CAA. This charge is included in our advertised prices. For further
information, visit the ATOL website at www.atol.org.uk. If you have a contract with
us for arrangements which do not include a flight(s), ABTA will financially protect
your holiday in the same way except where your contracted arrangements with us
do not include transport to and from the UK. In this case, if already abroad, you will
be returned to the point where your contracted arrangements with us commenced.
Please go to www.abta.com for information on ABTA’s travel protection. Please note,
our ATOL and ABTA membership does not protect bookings where we act only
as agent.
18) Law and Jurisdiction
Your relationship (and any contract you may have) with Cox & Kings or with any
Third Party Supplier and any dispute or other matters arising from it shall be
governed by and construed in accordance with English law. We both agree that
any dispute, claim or other matter of any description (and whether or not involving
any personal injury) which arises between us must be dealt with under the ABTA
Arbitration Scheme (if the Scheme is available for the claim in question and you wish
to use it – see clause 15) or by the Courts of England and Wales only unless, in the
case of Court proceedings, you live in Scotland or Northern Ireland. In this case,
proceedings must either be brought in the Courts of your home country or those
of England and Wales. If proceedings are brought in Scotland or Northern Ireland,
you may choose to have your contract and any dispute, claim or other matter of
any description which arises between us governed by the law of Scotland/Northern
Ireland as applicable (but if you do not so choose, English law will apply).
Date of Issue July 2010
Data Protection Privacy Policy
For the purposes of the Data Protection Act 1998, we are a data controller. The
following is a summary of our full privacy policy which sets out how we collect
and use the personal information (“personal data”) you provide us with directly or
through use of our website. Our full, current privacy policy appears on our website
which you should read before providing us with any personal data.
Depending on what’s required, the personal data we collect may include names
and contact details, credit/ debit card or other payment information and special
requirements such as those relating to any disability or medical condition which may
affect holiday arrangements and any dietary restrictions which may disclose your
religious beliefs (“sensitive personal data”). All references in this privacy policy to
personal data include sensitive personal data unless otherwise stated.
Appropriate personal data will be passed on to relevant suppliers / any Third Party
Supplier / any other third party (including banks and/or credit card issuers) who need
to know it so that your holiday can be provided, to government / public authorities
such as customs or immigration if required by them, to security or credit checking
companies, to other companies who provide services on our behalf (such as mailing
brochures and marketing material) or as required by law. We take steps to protect
the personal data which is provided to any such party. In making your booking, you
consent to personal data being passed on to the relevant parties.
Your personal data may be stored, used and otherwise processed within the UK and/
or any other country(ies) of the European Economic Area (EEA) and/or outside the
EEA. Data protection laws may not be as strong outside the EEA as they are in the
EEA. Personal data will not be transferred to a country outside the EEA unless the
conditions referred to in our full privacy statement are satisfied.
We would also like to store and use your personal data for future marketing
purposes (for example, sending you a brochure or other marketing material). All
personal data you give us (including sensitive personal data) will be kept but we will
use only names and contact details for marketing purposes (unless you have told us
that you do not wish us to do so). If you would prefer not to receive any promotional
mailings from Cox & Kings you may inform us at any time and we will remove your
details from future mailing lists.
We take appropriate technical and organisational measures which are intended to
prevent unauthorised or unlawful processing of personal data and accidental loss
or destruction of, or damage to, personal data. Our full privacy policy contains the
procedure for reviewing and amending any personal data of yours we are processing.
See www.coxandkings.co.uk for details.
ABTA
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.
For further information about ABTA, the Code of Conduct and the arbitration
service available to you if you have a complaint, contact ABTA, 30 Park Street,
London SE1 9EQ Tel: 020 3117 0500 or www.abta.com
The above applies only to services supplied by Cox & Kings Travel Limited and does
not apply to services featured in this brochure which are provided by any Third Party
Supplier where you enter into a contract with the Third party Supplier.
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