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We know that your holiday is very important
to you. It is also extremely important to us
since we want you to enjoy it and continue
to entrust your holiday arrangements to us
in years to come. We also care about our
reputation and want to be sure that you
understand both your and our obligations
when you book a holiday with us. Please
therefore spend a few minutes reading the
following Booking Conditions together with
the Essential Information, as they form the
basis of your contract with us. All bookings
are subject to these Booking Conditions and
the Essential Information.
1. your booking and deposit
You may make your booking by contacting
us directly on 0116 217 8010 or via one
of our authorised ravel agents. The party
leader must be at least 18 and must be
authorised to make the booking on the basis
of these Booking Conditions and the Essential
Information contained in the brochure by all
persons named on the booking. By confirming
the booking, the party leader agrees that
he/she is so authorised. The party leader is
responsible for making all payments due to us.
The relevant deposit per person or full
payment if booking within eight weeks
of departure will be taken at the time
of booking. If you wish to purchase the
insurance policy we offer, all applicable
insurance premiums must also be paid at the
time of booking (please see clause 11).
The deposit due on your holiday is
mentioned in the price panel on the relevant
holiday page. Some deposits may be higher
than others for particular tours to cover
non refundable costs we incur at the point
of booking.
Subject to availability and receipt of all
appropriate payments we will then confirm
your holiday by issuing a Confirmation
invoice which will be sent to the party leader
(usually within 5 days of your booking). A
binding contract comes into place 14 days
after we have sent you this invoice. The only
exceptions to this are for holidays involving
cruises, low cost airlines and for bookings
made within 8 weeks of departure. In these
instances a binding contract comes into
place when you first confirm the holiday and
pay either a deposit (or the full balance for
late bookings). If you have not received a
confirmation invoice within 7 days of booking
your holiday please contact us immediately. If we are unable to confirm your booking we
or your travel agent will immediately refund
any payments you have made to us or your
travel agent. Please check the Confirmation
Invoice carefully as soon as you receive it.
Contact us or your travel agent immediately
if any information that appears on the
confirmation or any other document appears
to be incorrect or incomplete, as it may
not be possible to make changes later. We
regret we cannot accept any responsibility if
you do not tell us about any mistake in any
documents within ten days of our sending it
out (five days for tickets). We will do our best
to rectify any mistake notified to us outside
these time limits but you must meet any costs
involved in doing so. The only exception to
this requirement to meet any costs is where
the mistake was made by us and there is
good reason why you did not tell us about it
within these time limits.
Flights with low cost airlines (for example, but
not limited to Easyjet, Thomsonfly, Monarch,
Jet2 and bmibaby) – where you ask us to
book flights for you with one of the above
airlines, we may ask you to pay the full airfare
and any associated charges at the point of
booking, in addition to the normal deposit
payable on the holiday.
2. when to pay the balance
The balance of your holiday cost must
be received by us or your travel agent no
less than eight weeks before departure.
The date for final payment is shown on
the Confirmation Invoice. No reminder
will be sent. If, for any reason, payment is
not received in full by the due date, we 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 3 depending on the date we
reasonably treat your booking as cancelled.
Please note: A 2% handling fee will be
charged on any deposit and balance
payment made by credit/charge card.
For flight inclusive bookings made through
one of our authorised travel agents, all
monies you pay to the agent for the holiday
arrangements we are providing will at all
times be held on our behalf. For bookings
made through one of our authorised travel
agents which do not include flights, all
monies you pay to the agent for the holidayarrangements we are providing will be held
by the agent on your behalf until we issue
a confirmation invoice and after that, on
our behalf.
3. if you cancel your holiday
If you wish to cancel your booking after it
has been confirmed you must telephone our
Customer Services Department or contact
your travel agent without delay and confirm
the cancellation. As we incur costs from the
time we confirm your booking and may be
unable to resell your holiday, the following
cancellation charges will be payable.
Period before
scheduled departure
date within Cancellation fee shown
as % of holiday price
which
instructions are
received by us excluding low cost
flights (if applicable),
insurance
premiums and
amendment charges
More than42 days Loss of deposit only
28 – 42 days 50% of holiday price
14 – 27 days 75% of holiday price
2 – 13 days 90% of holiday price
Less than 2 days 100% of holiday price
If a low cost flight was paid for separately
in addition to your deposit at the time
of booking, the cost of the flight is non
refundable in the event of cancellation.
Please note: If you have taken our Holiday
Insurance cover you may be able to claim a
refund of the cancellation fee if the reason
for cancellation falls within the terms of the
policy. Under the terms of the policy the
insurance excess is not repayable please
consult your policy for details.
Claims must be made direct to the insurance
company concerned.
Where any cancellation reduces the number
of full paying party members below the
number which the price, number of free
places and/or any concessions agreed for
your booking were based, we will recalculate
these items and re-invoice you accordingly.
4. if you change your booking
If you wish to change any details of your
booking we will always do our best to help.
We reserve the right, however, to make a
non-refundable administration charge of £10 per person. If you wish to change to
another holiday or tour this will be treated as
a cancellation by you of your original booking and the cancellation charges set out in clause
3 will be chargeable. If the changes you
wish to make to your holiday incur costs or
charges from our suppliers, then you will have
to pay these to change your booking, along
with the administration charge described
above. For example, changes to low cost
airline flights or cruise bookings normally
involve either an additional fee or sometimes
the need to make a new booking which has
to be paid for again. As most airlines do not
permit name changes after tickets have been
issued for any reason, these charges are likely
to be the full cost of the flight.
If you or any member of your party is unable
to travel for any reason, you may transfer
that person’s place on the booking or the
whole booking to someone else/other
people suggested by you and acceptable
to us providing you meet the following
requirements:
(i) Please contact us as soon as possible,
and provide us with the name(s) of the
replacement passengers and who they will
be replacing from the booking. We can only
transfer customers up to 14 days before
departure, subject to availability.
(ii) At the time of making the transfer, you
must pay the administration charge and, if
applicable the costs and charges detailed
above in this section.
(iii) Any person travelling in place of anyone
who was originally due to travel must agree
to these Booking Conditions and any other
requirements which may apply to the holiday
before the transfer can be finalised. If the
full price should have been paid when the
transfer is requested but hasn’t been, this must
also be paid before the transfer can be made.
(iv) Name changes are subject to
confirmation of availability from suppliers.
A confirmed booking for one person does
not necessarily imply availability for another.
5. our price promise
Prices shown in our brochures are believed
correct at the time of publication (Feb 2009).
We reserve the right to change prices from
time to time. Accordingly, it is possible that
when you book your holiday the actual price
may have gone up or down. If the price of
your holiday has changed, the correct price
will be confirmed at the time of booking. We
reserve the right to correct errors at any
time prior to the price being confirmed at the
time of booking We guarantee that absolutely no surcharge
will be added to the price of the holidays in
our brochures once your booking has been
confirmed irrespective of any subsequent
fluctuation in currency exchange rates or,
increases in international air fares or increases
in other costs associated with the holidays. In
return for this guarantee and its risk to us we
shall not be able to make any refunds in the
event of favourable exchange rate variations
or other decreases in costs. For bookings
made within the balance due date and prior
to confirming your holiday we reserve the
right to notify you of any increases to your
holiday price as a result of any additional
costs we may be charged.
Whilst every effort is made to ensure the
accuracy of the brochure and prices at the
time of printing regrettably errors do occur.
You must therefore ensure you check the
details of your chosen holiday with us at the
time of booking.
Holiday Availability
All holidays featured in our brochures are
subject to availability.
6. if we change or cancel your booking
We start planning the holidays we offer
many months in advance. Occasionally we
have to make changes to and correct errors
in brochures and other details both before
and after bookings have been confirmed
and cancel confirmed bookings. Usually any
change to the content of the holiday is made
as a result of our becoming dissatisfied with
the service provided by a supplier such as
the hotel or airline and thus the changes are
made to maintain the quality of your holiday
at the best possible level.
Most changes are minor but occasionally
we have to make a significant change. The
following are examples of significant changes
when made before you go on holiday:
• A change in the time you are due to leave
the UK to go on holiday or the time you
are due to come back to the UK after your
holiday of more than 12 hours.
• A change of UK airport from the one you
were due to fly to or from, except where
the change is between London airports
(Heathrow, Gatwick, Stansted or Luton) or
where the new airport is within 50 miles of
the original airport.avel tickets or vouchers.
• A change of the main resort you were due
to stay in.
• A change of your accommodation so that
you have to stay somewhere of a lower
standard than the accommodation you
originally booked.
• A change of cabin accommodation to a
significantly lesser grade.
• If we have to tell you that you will not be
able to use the only advertised swimming
pool at your accommodation (or all
advertised swimming pools if there is more
than one) for the whole or a large part of
your holiday.
• Where you are taking a tour, a major
change to the itinerary.
Please note: We do not classify a change of
air or sea port as a significant change where
coach transfers between a UK town and
the relevant air/sea port are included in the
holiday cost. We do not classify the changing
of your Eurostar departure point from
London Waterloo to London St Pancras as a
significant change.
Very occasionally there is insufficient demand
for a particular holiday. At any time up to the
balance due date we reserve the right to
cancel the holiday and offer you the choice of
one of options (i) and (ii) below should the
number of passengers booked be insufficient
to operate the tour. No compensation or
refund of any expenses you have incurred will
be payable in these circumstances. We will not cancel your holiday within eight weeks
of departure unless we are forced to do
so as a result of circumstances outside our
control (force majeure) as defined below or
where you have failed to comply with any
requirement of these booking conditions
entitling us to cancel such as paying on time.
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 one of the
following three options;
(i) You may accept the change (for significant
changes).
(ii) Alternatively, we will offer you at least one
alternative holiday of equivalent or higher
standard (providing one is available) for which
you will not be asked to pay any more than
the cost of the original holiday. If this holiday
is in fact cheaper we will refund the price
difference. If you do not wish to accept the
alternative holidays we specifically offer you, you may purchase any of our then available
holidays, paying or receiving a refund as
applicable, in respect of any price difference.
(iii) You may cancel your holiday/accept 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 before departure, we will, as a
minimum, where compensation is due,
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, 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 as a result
of unusual or unforeseeable circumstances
beyond our control, the consequences of
which we could not have avoided with all
due care or we have to cancel because the
minimum number of bookings necessary
for us to operate your holiday has not been
reached (see above). No compensation will
be payable and the above options will not be
offered where you have failed to comply with
any requirement of these Booking Conditions
entitling us to cancel (such as paying on time).
Period before departure
a significant change or Compensation
per person
(excluding infants)
cancellation is notified to you
More than 56 days NIL
43 – 56 days £15
29 – 42 days £25
15 – 28 days £35
14 days or less £50
Our liability for significant changes and
cancellations is limited to offering you
the above mentioned options and, where
applicable, compensation payments. No
compensation is payable for minor changes.
Very rarely, we may be forced to change
or terminate your holiday after departure
but before the scheduled end of your time
away as a result of ‘force majeure’ (see
below). This is extremely unlikely but if this
situation does occur, we regret we will be
unable to make any refunds (unless we obtain any refunds from our suppliers), pay
you any compensation or meet any costs
or expenses incurred by you as a result. If,
after departure, we are unable to provide
a significant proportion of the services
we had agreed to provide as part of our
contract with you, we will do our very best
to make suitable alternative arrangements.
If we cannot do so or you refuse to accept
these for good reasons, we will arrange to
fly you back to your UK departure airport
(if the arrangements we agreed to provide
included flights) or to transport you to the
point our contracted services commenced
(if elsewhere than your hotel) as soon as we
reasonably can.
Force Majeure
Except where otherwise expressly stated
in these Booking Conditions, we regret
we cannot accept liability or pay any
compensation where the performance or
prompt performance of our contractual
obligations is prevented, or affected by, or you
otherwise suffer any damage or loss (as more
fully described in clause 7) as a result of force
majeure. In these Booking Conditions, ‘force
majeure’ means any event which we or the
supplier of the service(s) in question could
not, even with all due care, foresee or avoid.
Such events may include war or threat of
war, riot, civil strife, terrorist activity, industrial
dispute, natural or nuclear disaster, technical
problems with transport, closure of airports
or ports, changes of schedules by airlines,
adverse weather conditions, fire and all similar
events outside our control.
In addition, for the safety of all passengers, the
crew, our employees and subcontractors, the
ship or other transport or third parties we
reserve the right to cancel, postpone, curtail
or alter (without prior notice) your cruise
or holiday, in whole or part, in the event of
threatened force majeure.
7. our responsibility for your holiday
(1) Subject to clause 6 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 (for example loss of
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 and which were
unforeseeable or unavoidable or ‘force
majeure’ as defined in clause 6 above
(3) Please note, 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 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
and any excursion you purchase in resort.
Please also see clause 10 below. 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 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 any 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 7(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 twice the
price (excluding insurance premiums and
amendment charges) paid by or on behalf of
the person(s) affected in total unless a lower
limitation applies to your claim under clause
7(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) The provisions of the Convention
relating to the Carriage of Passengers and
their luggage by sea 1974 (’The Athens
Convention’) apply to your cruise as well as
the process of getting on and/or off the ship.
For any claim involving death or personal
injury or delay of or loss of or damage to
luggage the only liability we have to you is
in accordance with The Athens Convention.
This means you are not entitled to make
any claim against us which is not expressly
permitted by The Athens Convention or
which is in excess of the limits provided by
The Athens Convention. Any claims covered
under The Athens Convention must be made
within the time limits set out in The Athens
Convention.
The Athens Convention limits the maximum
amount we as the carrier have to pay if
found liable in the event of death or personal
injury. This limit for UK carriers is presently
approximately £250,000 per person. The
Athens Convention also limits the maximum
amount we as the carrier have to pay
if found liable in the event of or loss or
damage to luggage and also makes provision for valuables. Under the Convention a
presumption is made that your luggage is
delivered to you undamaged unless you give
written notice to us within 15 days in cases
where damage is not apparent at the point
of disembarkation or re-delivery or the time
when it should have been re-delivered or
where damage is apparent before or at the
time of disembarkation or re-delivery. If you
can prove that the damage, delay or loss
was our fault or the fault of the supplier of
a service that we agreed to arrange as part
of your holiday, we will compensate you
for the loss or damage you can prove you
have suffered as a result, subject to and in
accordance with The Athens Convention.
However, the maximum we will have to pay
you for any damage, delay or loss in these
circumstances is the maximum which is
payable in respect of cabin luggage under The
Athens Convention (currently approximately£750 per guest per cruise holiday). 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). You are
also strongly advised to take out appropriate
and adequate insurance to protect such
items. We 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 so deposited,
the maximum we will pay you if any item(s)
is lost or damaged (for any reason) whilst
deposited is the maximum which is payable
under The Athens convention in this situation
(currently approximately £1,000 per guest,
per cruise).
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, sea, rail
or road carrier or any stay in a hotel, 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 the most the carrier or hotel
keeper concerned would have to pay under
the international convention or regulation
which applies to the travel arrangements
or hotel stay in question (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 Berne Convention for international
travel by rail).
Please note: Where a carrier or hotel 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. Please also note that each convention
specifies the limits for making claims, which
may be as little as one year from the date of
the relevant incident arising. 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.
Please note: The sums payable under the
applicable International Convention or
Regulation may well be less than a court
would otherwise award to a person suffering
any such loss not arising out of the travel
arrangements referred to above. You may
therefore wish to consider insuring for the
possibility of such unfortunate events but
in doing so should be careful to note any
limitations and restrictions contained in the
insurance policies.
(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 business losses.
(8) You must provide ourselves and our
insurers with all assistance we may reasonably
require. You must also tell us and the supplier
concerned about your claim or complaint
as set out in clause 9 below. If asked to do
so, you must transfer to us or our insurers
any rights you have against the supplier or
whoever else is responsible for your claim or
complaint (if the person concerned is under
18, their parent or guardian must do so). You must also agree to cooperate fully with us
and our insurers if we or our insurers want to
enforce any rights which are transferred.
8. english law
We both agree that English Law (and no
other) will apply to your contract and to
any dispute, claim or other matter of any
description which arises between us (except
as set out below). We both also 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 – see clause 9)
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).
9. if you have a complaint
In the unlikely event that you feel
dissatisfaction with any aspect of your holiday
arrangements we ask you to bring this to the
attention of our Tour Guide or representative
at the time so that the matter may be
resolved right away. Until we know about a
problem or complaint, we cannot begin to
resolve it. If the matter cannot be put right
on the spot you must ask our Tour Guide or
representative for a Complaint Registration
Form, which you must then complete in his
or her presence. One copy will be given to
you and the other copy sent to head office.
If you remain dissatisfied, you must write to
us within 28 days of return from your holiday
quoting your booking reference number. Any
complaint concerned with the arrangements
for your holiday will be dealt with carefully
and fairly by our staff. Disputes arising out
of, or in connection with this contract that
cannot be amicably settled may be referred
to arbitration administered independently by
the Chartered Institute of Arbitrators. The
scheme provides for a simple and inexpensive
method of arbitration on documents alone
with restricted liability 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). This 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. Neither
does it apply to claims that are solely in
respect of physical injury or illness or their
consequences. The Scheme can however
deal with compensation claims, which include
an element of minor injury or illness subject
to a limit of £1,000 on the amount the
arbitrator can award per person in respect of
this element. The application for arbitration
and statement of claim must be received by
the Chartered Institute of Arbitrators within
nine months of the date of return from the
holiday. Outside this time limit arbitration
under the Scheme may still be available if we
agree, although the ABTA Code does not
require such agreement.
10. additional excursions and activities
Our Tour Guides and representatives are
instructed not to accept bookings for
any additional activities other than those
approved by us. Any advice or assistance
on additional activities they may offer as a
result of a request by you or any member
of your party does not imply that the
activity has been sold by the Tour Guide or
representative or that they have acted on
our behalf.
11. holiday insurance
We consider adequate travel insurance to be
essential, especially for holidays outside the
UK. It is therefore a condition of booking that
you are adequately insured when travelling
abroad. Details of the policy we offer are
shown elsewhere. If you decide not to
purchase this insurance we may require you
to give us details of who your travel insurance
is with. If you purchase an alternative policy
you must ensure that any alternative policy
offers at least as comprehensive cover as the
policy we offer. 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 adequate for
your particular needs. You shall be responsible
for indemnifying us in full in respect of any
costs that we incur as a result of your failure
to have adequate and comprehensive travel
insurance.
12. special requests
If you have any special requests such as low
floor accommodation, adjacent rooms etc,
you must advise us of these at the time of
booking. Special diets can be requested on
scheduled flights, but regrettably no such
arrangements can be guaranteed during the
tour itself.
Although we cannot guarantee that your
requests will be met, we will certainly pass
on your requests to the supplier concerned.
Confirmation that a special request has
been noted or passed on to the 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.
We regret we cannot accept any conditional
bookings, i.e. any booking that is specified to
be conditional on the fulfilment of a particular
request. All such bookings will be treated
as ‘standard’ bookings subject to the above
provisions on special requests.
13. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Information regarding passport, visa and
health requirements applicable to British
Citizens for the holidays we offer are shown
in our brochures. Requirements may change
and you must check the up-to-date position
in good time before departure.
It is your responsibility to ensure you are in
possession of all necessary travel and health
documents before departure. All costs
incurred in obtaining such documentation
must be paid by you. We regret we cannot
accept liability if you are refused entry on
to any transport or into any country due
to failure on your part to carry correct
documentation. If you or any member of
your party is not a British Citizen or holds
a non-British passport, you must check
passport and visa requirements with the
Embassy or Consulate of the country(ies) to
or through which you are intending to travel.
If failure to have any necessary travel or
other documents results in fines, surcharges
or other financial penalty being imposed on
us, you will be responsible for reimbursing
us accordingly. Information on health is
contained in the Department of Health leaflet
T6 (Health Advice for Travellers) available
from your local Department of Health office and most Post Offices. For holidays in the
EEA you should obtain an EHIC (European
Health Insurance Card) prior to departure.
NB this card has replaced the E111 form,
which is no longer valid.
Please note: The entry requirements for
British Citizens may differ to those for British
Subjects, British Dependant Territories
Citizens, British Nationals (Overseas Citizens),
British Protected Persons or any other
British passports. Please check your passport
carefully and if you are not specifically a
British Citizen you must check passport
and visa requirements with the Embassy
or Consulate of the country(ies) you are
travelling to or through.
14. SAFETY STANDARDS
Not all countries have health and safety
standards as stringent as those in the UK. For
example, accommodation may not have the
separate fire escapes, alarms, detection, fire
and smoke control measures that we take for
granted at home.
Please note: The requirements and standards
of the country apply to any services provided
and not those of the UK.
Children under six months of age and
women who will be more than 28 weeks
pregnant at the conclusion of the holiday are
not permitted on board our cruise ship and
regretfully we cannot take bookings for such
persons.
We reserve the right for ourselves, our
servants, agents, subcontractors and the
cruise ship’s owners, operators and managers
to inspect and search all passengers including
you and any member of your party, your
or their cabin and/or luggage to ensure the
safety and security of all other passengers
and crew. For this reason, you must allow
any inspection or search to take place when
requested.
15. DISABILITIES AND MEDICAL CONDITIONS
If anyone going on holiday with you is
disabled or has any medical problem that
may affect their holiday, you must give us or
ensure we are given via your travel agent full
details before asking for your booking to be
confirmed. We may also require a letter from
your doctor.
If in our reasonable opinion, your chosen
holiday is not suitable for the disability or
medical problem in question, we have the right to refuse to accept the booking. If you
do not give us full details of the disability or
medical problem at the time of booking, we
can also cancel the booking when we find out
the full details, if in our reasonable opinion
the holiday is not suitable. If we cancel in
this situation, cancellation charges as set
out in clause 3 must be paid by the person
concerned.
For the safety and comfort of all of our
passengers, our staff and Tour Managers, the
following requirements with regard to your
health and the health of all members of
your party and the safety and welfare of all
persons must be met.
Please inform us or your travel agent at the
time of booking of any special needs, which
you or they have with regard to a physical
or other disability. Following this information,
we will contact you further and discuss the
suitability of the ship for your requirements.
In addition, you must inform us if you or any
member of your party has, or has just had, an
infectious or contagious medical condition.
You should also inform us immediately should
you develop any such infectious or contagious
condition or if you suffer from any such
infectious or contagious condition within four
weeks of your departure date or during your
holiday with us.
We will consequently have the right to:
• cancel your holiday, or
• ask you or any members of your party to
refrain from participating in certain activities,
or
• transfer you to alternative accommodation,
or
• confine you to hospital or your hotel, or
• ask you to leave immediately should we, at
our sole discretion, consider it necessary to
protect the health of other passengers, the
crew and/or staff. These rights also apply to
circumstances where you or any member of
your party in our opinion is not fit to travel,
is likely to or is posing a danger of any sort.
No refund of the cost of your holiday will be
made in such circumstances.
16. FLIGHTS
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
with the EU Community. The Community list is available for inspection at http://europa.
eu.int/comm/transport/air/safety/flywell_
en.htm.
In accordance with EU Regulations we are
required to advise you of the actual carrier(s)
(or, if the actual 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 the aircraft type
and flight timings which will be used in
connection with your flight. The flight timings
and types of aircraft shown in our 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 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 6
(Changes and cancellation by us) will apply.
NB. If your flight is cancelled or delayed, your
flight ticket is downgraded or boarding is
denied by your airline in circumstances which
would entitle you to claim compensation
against the airline under EC Regulation No
261/2004 – the Denied Boarding Regulations
2004, you must pursue the airline for
the compensation 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, you
do not claim against the airline 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 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.
17. crossing the channel
We will state at the time of booking the
planned method of crossing the channel,
by either ferry or Euro tunnel. Due to
circumstances beyond our control (such
as, but not limited to, bad weather or strike
action) how you cross the channel may
change, and no refund or compensation will
be due if we do this.
18. conditions of suppliers
Many of the services that 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 7(6). Copies of the relevant parts
of these terms and conditions are available
on request from ourselves or the supplier
concerned.
19. BEHAVIOUR
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 must be
paid direct at the time to the accommodation
owner or manager or other supplier. If you fail
to do so, you will be responsible for meeting
any claims subsequently made against us
(together with our own and the other party’s
full legal costs) as a result of your actions.
We expect all clients to have consideration
for other people. If in our reasonable opinion
or in the reasonable opinion of any other
person in authority, you or any member
of your party behaves in such a way as to
cause or be likely to cause danger, upset
or distress to any third party or damage
to property, we are entitled, without prior
notice, to terminate the holiday of the
person(s) concerned. In this situation, the
person(s) concerned will be required to
leave the accommodation or other service.
We will have no further responsibility toward
such person(s) including any return travel
arrangements. No refunds will be made
and we will not pay any expenses or costs
incurred as a result of the termination.
20. CONDITIONS OF CARRIAGE
A. Ocean Majesty cruises, Serenade 1 and
Heinrich Heine River Cruises:
• we reserve the absolute right (on behalf
of the ship’s owner) to exclusively determine
how the ship is operated, for example with
regard to navigation, piloting, alternative
or supplementary uses and repairs and to
make decisions with regard to ensuring and
enhancing the safety, well-being and interests
of other passengers and crew on board
• you will be required to pay for any damage
you do to the ship and to fixtures and fittings
• you may not bring any birds, animals,
dangerous goods, illegal substances or other
similar articles on board the ship. Should you
be found to have done so, then the Captain
or his/her appointed servant or agent will
be entitled to confiscate such articles and
hold you under citizen’s arrest until police
officers arrive
• there are many signs, notices and
announcements on board the ship that
give information, instructions, prohibitions
and so on. You must comply with all such
communications for your safety and well
being and that of your fellow passengers and
the crew
• we reserve the right to claim from you any
sums which we pay to any other passenger or
other third parties where such payment was
made as a result of your actions or inactions
B. You must observe the requirements of any
relevant rail and air carriers on the routing
and timing of your journeys.
C. You must carry your passports and
supporting documents with you at all times
during your air and/or rail journeys.
21. CONSUMER PROTECTION
We hold an air travel organisers licence
issued by the Civil Aviation Authority
(ATOL number 133). This means that the
air holidays featured in this brochure are
ATOL protected. In the unlikely event of our
insolvency, the CAA will ensure that you are
not left stranded abroad and will arrange
to refund any money you have paid for an
advance booking. For further information
visit the ATOL website at www.atol.org.uk.
We are also a member of the Association of
British Travel Agents (ABTA number V6345).
If your holiday does not include flights, ABTA
will financially protect your holiday in the
same way.
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