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TONY BACKHURST HOLIDAYS - BOOKING CONDITIONS |
The following Booking Conditions
together with the Travel Information contained in our information sheets and on
our website form the basis of your contract with Tony Backhurst Scuba Limited,
trading as Scuba Travel. Please read them carefully as they set out our
respective rights and obligations. 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. All
references in these Booking Conditions to ‘holiday’, ‘booking’,
‘contract’, ‘package’, ‘tour’ or ‘arrangements’ mean such
holiday arrangements. In these Booking Conditions, ‘you’ and ‘your’
means all persons named on the booking (including anyone who is added or
substituted at a later date). ‘We’, ‘us’ and ‘our’ means Tony
Backhurst Scuba Limited.
1.Making your booking The party leader must be authorised to
make the booking on the basis of these Booking Conditions by all persons named
on the booking and their parent or guardian for all party members who are under
18 when the booking is made. The party leader is responsible for all payments
due to us. The party leader must be at least 18 when the booking is made. Once
we have received your booking and all appropriate payments, we will, subject to
availability, confirm your holiday by issuing a confirmation invoice. This
invoice will be sent to the party leader or your travel agent. Please check this
invoice carefully as soon as you receive it. Contact us immediately if any
information which 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 liability if we are not notified of any inaccuracy
in any document within 14 days of our sending it out (5 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 costs is where the mistake in question was made by us and
there is good reason why you did not tell us about it within these time limits.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in
these booking conditions (for example, to request an amendment)
2.Your contract A binding contract between us comes into
existence when we despatch our confirmation invoice to the party leader or your
travel agent. 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 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). Changes to these Booking
Conditions or the General Information shown in our brochure or on our website
will only be valid if agreed by us.
3.Payment In order to confirm your chosen holiday, a deposit of
£200 per person (or full payment if booking within eight weeks of departure)
must be paid at the time of booking. If you wish to purchase the insurance
policy we offer, all applicable premiums must also be paid at the time of
booking. Please see clause 7 on the subject of insurance. The balance of the
holiday cost must be received by us not less than 8 weeks prior to departure.
This date will be shown on the confirmation invoice. Reminders are not sent. If
we do not receive all payments due (including any surcharge where applicable) in
full and on time, we are entitled to assume that you wish to cancel your
booking. In this case, we will be entitled to keep all deposits paid or due at
that date. If we do not cancel straight away because you have promised to make
payment, you must pay the cancellation charges shown in clause 6 depending on
the date we reasonably treat your booking as cancelled. Except for flight
inclusive bookings, all monies you pay to one of our authorised travel agents
for your holiday with us will be held by the agent on your behalf until we issue
our confirmation invoice. After that point, your agent will hold the monies on
our behalf. For flight inclusive bookings, all monies paid to such agents for
your holiday with us will be held on our behalf until they are paid to us or
refunded to you.
4.Special requests and medical conditions If you have any
special request, you must advise us in writing at the time of booking. Although
we will endeavour to pass any reasonable requests on to the relevant supplier,
we regret we cannot guarantee any request will be met unless we have
specifically confirmed this. For your own protection, you should obtain
confirmation in writing from us that your request will be complied with (where
it is possible for us to give this) if your request is important to you.
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 which 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. If you or any member of your party has any
medical condition or disability which may affect your holiday, please tell us
before you confirm your booking so that we can advise as to the suitability of
the chosen arrangements. In any event, you must give us full details in writing
at the time of booking. If we reasonably feel unable to properly accommodate the
particular needs of the person concerned, we must reserve the right to decline
their reservation or, if full details are not given at the time of booking,
cancel when we become aware of these details. Please also see clause 11.
5.The cost of your holiday We also reserve the right to make
changes to and correct errors in advertised prices at any time before your
holiday is confirmed. We will advise you of any error of which we are aware and
of the then applicable price at the time of booking. We reserve the right to
increase or decrease the price of unsold holidays at any time Once the price of
your chosen holiday has been confirmed at the time of booking, we will only
increase or decrease it in the following circumstances. Price increases or
decreases after booking will be passed on by way of a surcharge or refund. A
surcharge or refund (as applicable) will be payable, subject to the conditions
set out in this clause, if our costs increase or decrease as a result of
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 dues, taxes or fees payable for services such as
landing taxes or embarkation or disembarkation fees at ports or airports
increasing or decreasing or our costs increase or decrease as a result of any
changes 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 8 “Changes and Cancellations by us”. 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. 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. Please note, changes and errors occasionally occur. You must check the
price of your chosen holiday at the time of booking.
6.Changes by you Should you wish to make any changes to your
confirmed holiday, you must notify us in writing as soon as possible. Whilst we
will endeavour to assist, we cannot guarantee we will be able to meet any such
requests. Where we can, an amendment fee of £40 per person/per booking will be
payable together with any costs incurred by ourselves and any costs or charges
incurred or imposed by any of our suppliers. Please note, some changes requested
less than 8 weeks before departure may be treated as a cancellation of your
original booking.
7.Cancellation by you Should you or any member of your party
need to cancel your chosen holiday once it has been confirmed, the party leader
must immediately advise us in writing. Your notice of cancellation will only be
effective when it is received in writing by us at our offices. As we incur costs
from the time we confirm your booking, the following cancellation charges will
be payable. 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 in the event of the person(s) to whom they
apply cancelling. Period before departure within which written notification of
cancellation is received by us Prior to 61 days - Deposit forfeited, 60-42 days
- 50% of total holiday cost, 41-28 days: - 70% of total holiday cost 27-14 days
- 90% of total holiday cost, Less than 14 days: - 100% of total holiday cost
Cancellation charges are per person cancelling Depending on the reason for
cancellation, you may be able to reclaim these cancellation charges (less any
applicable excess) under the terms of your insurance policy. Claims must be made
directly to the insurance company concerned. Where any cancellation reduces the
number of full paying party members below the number on 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. Please note, no
refunds at all can be given until we receive back from you all travel documents
we have sent to you (where these have been issued.) If any member of your party
is prevented from travelling, that person may transfer their place, to someone
else (introduced by you) providing we are notified not less than two weeks
before departure and provided the transferee meets all the requirements of these
booking conditions for the holiday concerned. Where a transfer to a person of
your choice can be made, all costs and charges incurred by us and/or incurred or
imposed by any of our suppliers as a result together with an amendment fee of £40
must be paid before the transfer can be effected. For flight inclusive bookings,
you must pay the charges levied by the airline concerned. 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.
8.Insurance We consider adequate travel insurance to be
essential. Details of the policy we offer are shown on our website or can be
sent to you by post. If you decide not to purchase this insurance, you must give
us details in writing of your alternative policy (insurer’s name, policy
number and emergency contact number). Any alternative insurance you purchase
must offer cover at least as comprehensive as the one offered by the company.
You must ensure that your policy has an endorsement adequate for the type of
scuba diving you are undertaking as part of your holiday. All insurance premiums
must be paid as soon as possible as cover will not be effective until we receive
all applicable premiums in full.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. You are responsible for
indemnifying us in full in the event that we incur any losses or expenses
arising out of your failure to take out adequate insurance cover.
9.Changes and cancellation by us We start planning the holidays
we offer many months in advance. Occasionally, we have to make changes to and
correct errors in information sheets, website and other details both before and
after bookings have been confirmed and cancel confirmed bookings. Whilst we
always endeavour to avoid changes and cancellations, we must reserve the right
to do so. However, we promise we will only cancel your confirmed booking 8 weeks
or less before departure where you have failed to comply with any requirement of
these booking conditions entitling us to cancel (such as paying on time) or
where we are forced to do so as a result of “force majeure” as defined in
clause 10 below or where the minimum number of persons required to operate your
holiday (if applicable) has not been reached. In this case we will notify you by
the deadline specified in the description of the holiday in question. We will
not cancel after this date for any other reason. 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 are likely to include the following changes when
made before departure; a change of accommodation (including where applicable
liveaboard boat) 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 accommodation area
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
as between London Airports (e.g. Gatwick, Stansted, Heathrow and Luton) and, in
the case of tours, a significant change of itinerary missing out one or more
major destination substantially or altogether. 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:-(a)
(for significant changes) accepting the changed arrangements (b) purchasing an
alternative holiday from us, of a similar standard to that originally booked if
available. We will offer you at least one alternative holiday of equivalent or
higher standard for which you will not be asked to pay any more than the price
of the original holiday. If this holiday is in fact cheaper than the original
one, we will refund the price difference. If you do not wish to accept the
holiday we specifically offer you, you may choose any of our other then
available holidays. You must pay the applicable price of any such holiday. This
will mean your paying more if it is more expensive or receiving a refund if it
is cheaper (c) 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 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 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 require to operate your holiday has not been
reached. – in this case we will notify you by the deadline specified in the
description of the holiday in question. 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 which, taking account of the information you have given us at the
time of booking or which we can reasonably be expected to know as a tour
operator, we could not reasonably expect to have a significant effect on your
confirmed holiday. Period before departure a significant change or cancellation
is notified to you More than 60daysNil 60-42 days: £20 41-28 days: £30
27-14 days: £40 Less than 14 days:£50 Compensation per person
(excluding infants aged 2 or under on date of outward travel) Very rarely, we
may be forced by “force majeure” (see clause 10) to change or terminate your
holiday after departure but before the scheduled end of your time away. 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 you incur as a result. 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.
10. 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 obligations
under our contract with you is prevented or affected by or you otherwise suffer
any damage or loss (as more fully described in clause 11(1) below) 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, actual or threatened terrorist activity, industrial
dispute, natural or nuclear disaster, adverse weather conditions, fire and all
similar events outside our control.
11. Our Responsibility (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 (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 10 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 or on our website and we have not agreed to arrange them and any
excursion you purchase in resort. Please also see clause 17 “Excursions
Activities, Sheet and Website Information”. In addition, regardless of any
wording used by us on our website, in any of our Information Sheets 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 holiday maker 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 £15,00 per
person affected unless a lower limitation applies to your claim under this
clause or clause 11(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 11 (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, 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 un-amended 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). 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. 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. (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 12 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.
12. Your Responsibility 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.
13. Diving requirements You must dive strictly within the
limits of and meeting the requirements of your current qualifications and
experience and agency standards. You must not dive alone. In order to dive
whilst on holiday with us you must hold a minimum qualification of a PADI Open
Water Diver [or PADI Junior Open Water Diver] or equivalent from a recognised
agency (as judged by the Company) except where you have booked a holiday, one of
the purposes of which is, to obtain that minimum qualification. Clients must
submit evidence of their diving qualifications to the Dive Guide/Instructor at
the dive centre or dive site and if, requested to the Company prior to departure
before diving can commence. All clients participating in scuba diving must be in
good health and not have any medical history of lung disorders, asthma,
epilepsy, diabetes or recent surgery and agree to discontinue diving if
respiratory congestion takes place during the holiday. If you have any medical
condition contrary to these requirements you must produce a diving medical
certificate of fitness prior to diving. If you fail to produce evidence of
satisfactory diving qualifications or medical certificates we or the Dive
Guide/Instructor will be entitled to prevent you from taking your holiday and/or
diving. In this case neither we nor the Dive Guide/Instructor or other
applicable dive supplier will have any liability to provide you with any refunds
or compensation in respect of any diving you are unable to take part in as a
result or you being prevented from travelling on your holiday. Please note:
Diving activities carry inherent risks. You must behave in a fit and proper
manner at all times in accordance with all recognised diving practices and
procedures and take proper responsibility for your own safety. Certain diving
sites are very remote, either by distance or time or both, from a recompression
chamber. If you participate in such activities you may be asked by the supplier
to sign ‘liability releases & assumptions of risk’ and ‘medical
disclaimer’ forms and/or provide a current medical and in all cases must
adhere to the restrictions imposed by the diving supplier/ instructor. Copies of
relevant forms are available, prior to departure, on request from ourselves or
the dive supplier concerned.
14. If you have a complaint. In the unlikely event that you
have any reason to complain or experience any problems with your holiday whilst
away, you must immediately inform our representative and the supplier of the
service(s) in question. Any verbal notification must be put in writing and given
to our representative and the supplier as soon as possible. Until we know about
a problem or complaint, we cannot begin to resolve it. Most problems can be
dealt with quickly. If you remain dissatisfied, however, you must write to us
within 28 days of your return to the UK giving your booking reference and full
details of your complaint. Only the party leader should write to us. If you fail
to follow this simple complaints procedure, your right to claim the compensation
you may otherwise have been entitled to may be affected or even lost as a
result.
15. Conditions of suppliers. Many of the services which make up
your holiday are provided by independent suppliers. Those suppliers provide
these services in accordance with their own terms and conditions. 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 11
(6)). Copies of the relevant parts of these terms and conditions are available
on request from ourselves or the supplier concerned.
16. Excursions, activities and other information The
information contained in our information sheets and on our website is correct to
the best of our knowledge at the time of the sheets going to print/being
published on our website. We may provide you with information (in our
information sheets, on our website and/or when you are on holiday) about
activities and excursions which are available in the area you are visiting. We
have no involvement in any such activities or excursions which are neither run,
supervised nor controlled in any way by us. They are provided by local operators
or other third parties who are entirely independent of us. 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 11 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. We cannot guarantee accuracy at all times of information given
in relation to such activities or excursions or about the resorts/area you are
visiting generally (except where this concerns the services which will form part
of your contract) 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. If you feel that any of the activities mentioned in our brochure or on
our website which are not part of our contract are vital to the enjoyment of
your holiday, write to us immediately and we will tell you the latest known
situation. If we become aware of any material alterations to resort/area
information and/or such outside activities which can reasonably be expected to
affect your decision to book a holiday with us, we will pass on this information
at the time of booking.
17. Passports, visas and health requirements The passport, visa
and health requirements applicable at the time of printing to British citizens
for the holidays we offer are shown elsewhere in our brochure/ on our website. A
full British passport presently takes approximately 4 weeks to obtain. If you or
any member of your party is 16 or over and haven’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 from October 2006 will ask you to attend an interview in
order to do this. Requirements may change and you must check the up to date
position in good time before departure with the Embassy or consulate of the
country(ies) you are travelling through and to. Information on health is
contained in the Department of Health leaflet T6 (Health Advice for Travellers)
available from your local Department of Health office, by visiting www.dh.gov.uk
and most Post Offices. For holidays in the European Economic Area you should
obtain an EHIC (European Health Insurance Card) prior to departure. NB this card
replaced the E111. From January 2006 E111 forms will not be valid.) It is the
party leader’s responsibility to ensure that all members of the party 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 any liability if you or any member of your party are refused entry
onto 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 to fines, surcharges or other financial penalty being
imposed on us, you will be responsible for reimbursing us accordingly.
18. Financial security We also hold an Air Travel Organiser’s
Licence issued by the Civil Aviation Authority (ATOL number 5667.) This means
the air holidays shown in this brochure and on our website 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 to us
for an advance booking. For further information, visit the ATOL website at
www.atol.org.uk]
19. Prices Brochure and Website Accuracy Please note, the
information and prices shown in our brochure and on our website may have changed
by the time you come to book your holiday. Whilst every effort is made to ensure
the accuracy of the brochure, the website and prices at the time of printing,
regrettably errors do occasionally occur. You must therefore ensure you check
all details of your chosen holiday (including the price) with us at the time of
booking.
20. Delay We regret we are not in a position to offer you any
assistance in the event of delay at your outward or homeward point of departure.
Any airline concerned may however provide refreshments. We cannot accept
liability for any delay which is due to any of the reasons set out in clause 11
(1) of these booking conditions (which includes the behaviour of any passenger(s)
on the flight who, for example, fails to check in or board on time). In
addition, we will not be liable for any delay unless it has a significant effect
on your holiday arrangements.
21. Safety standards Please note, it is the requirements and
standards of the country in which any services which make up your holiday are
provided which apply to those services and not those of the UK. As a general
rule, these requirements and standards will not be the same as the UK and may
sometimes be lower.
22. 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 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 the aircraft type and flight timings which will be used in
connection with your flight. The flight timings and types of aircraft 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 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 8 (Changes and cancellation by us) will apply.
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