|Please Note: We act in the following capacities, as a Package Organiser in the sale of a Package holiday and as a principal in the sale of a ‘single service’ booking (e.g. accommodation or golf arrangements only). As a result, our obligations to you will vary depending upon whether you book a Package with us or whether you make a single service booking. We have tried to set out our differing obligations below as clearly as possible.
(A) Section A contains the conditions that will apply to all bookings you make with us;
(B) Section B contains the conditions which will apply when you make a Package booking with us where we act as the Package Organiser; and
(C) Section C contains the conditions which will apply when you make a single service booking with us, where we act as principal.
SECTION A – APPLICABLE TO ALL BOOKINGS
|Booking and Paying for your Arrangements|
|A booking is made with us when you pay us a deposit (or full payment if you are booking within 56 of departure, or any other such date otherwise specified) and we issue you with a booking confirmation. We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation.
If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 56 days prior to scheduled departure (or by such other date as is notified to you at the time of booking). If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
|We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.|
|Adequate travel insurance is strongly recommended. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. We strongly suggest that your insurance policy include provisions relating to Covid-19 covering you for situations including but not limited to, where you have been diagnosed with Covid-19 before your departure or where you have otherwise been in contact with someone that has been diagnosed with Covid-19 and are required to self-isolate. It should also cover you for Covid-19 related circumstances during your holiday, for example, where you have been diagnosed or have been in contact with someone who has been diagnosed with Covid-19 during your holiday. In these circumstances, your policy should cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate and extend your stay. Please ensure that your insurance policy covers repatriation for you and all members of your party if it is a group policy, otherwise each individual will need their own travel insurance policy to over for repatriation as we will not be liable for any additional costs, fees or charges incurred by you or any member of your party in booking additional transport, including flights. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.|
|Events Beyond Our Control|
|Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, epidemics, pandemics and significant risks to human health such as the outbreak of serious disease at the travel destination (including the ongoing effects of the COVID-19 pandemic), the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to or remain at the travel destination, nuclear disaster, fire, chemical or biological disaster,, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control.|
|Cutting Your Holiday Short|
|If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.|
|Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.|
|Disabilities and Medical Problems|
|We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the holiday. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.|
|We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on firstname.lastname@example.org you can also reach us by telephone at 01625 800 110 (during office hours) or alternatively via our emergency out of hours contact number on 0090 541 230 7757. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at Bilyana Golf, UNIT 2 The Kathleen Roylance Buildings 90-92 Waters Green Macclesfield, Cheshire, SK11 6LH or by e-mail to email@example.com within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership.
|We are a Member of ABTA, membership number Y5007. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.|
|All of our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to accommodation provider or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.|
|We provide financial security for flight inclusive Packages and ATOL protected flights. We do this by way of our Air Travel Organiser’s License number 9502, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at https://www.caa.co.uk/atol-protection/. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We provide financial security for holidays not including flights by way of a bond held with ABTA Ltd - The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.com
If you book arrangements other than an ATOL protected flight or Package from us, your monies will not be financially protected. Please ask us for further details.
|Arriving at Your Resort & Welcome Meeting|
|You will be met by our representatives holding a Bilyana Golf sign outside the arrival doors of the airport terminal. You will be informed of the details of your Welcome meeting on arrival. Please ensure you attend your designated welcome meeting where any questions you may have will be answered and you will be informed of your pick up times for your shuttle service.|
|The all-inclusive concepts include breakfast, lunch and dinner as well as most soft drinks and local alcoholic beverages. Some imported drinks are subject to an extra charge. A la carte restaurants in some hotels have a cover charge.
Please Note: The Golf Club is not an extension to the hotel and is not covered by the all-inclusive concept. We do not accept any liability for any additional charges you may incur.
|Golf courses reserve the right to make changes to your tee times where they see necessary. If a golf club does cancel or change your tee time, we will endeavour to find you a suitable alternative. You will be charged for any increase in price or refunded any difference from the original cost. Overseeding schedules, course maintenance and operating times may be changed by the golf courses without prior notice which may affect your tee times and/ or dates of play. These changes do not entitle you to cancel an already booked holiday.
Apart from scheduled overseeding, continuous maintenance of fairways, greens and tee boxes is an essential part of course presentation. We cannot be held liable for the impact of such work on your game.
All tee times are booked as 4 balls by the courses. If you are a group of 6, you will be booked in as a 4 ball and a 2 ball, a group of 9 will be booked as two 4 balls and a 1 ball. Golf courses in the region do get very busy, and some courses may pair you up with other golfers during peak season.
|Excursions or other tours that you may choose to book or pay for whilst you are taking part in your trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract with be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.|
|Entry, Passport, Visa and Immigration Requirements and Health Formalities|
|We can provide general information about the entry, passport and visa requirements for your trip, but this is for your guidance only and it remains your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports
For European holidays you should obtain a completed and issued form EHIC prior to departure. EHIC provisions have changed and so you should check https://www.gov.uk/visit-europe-1-january-2021 and https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare for updates affecting your travel. You may need to apply for a Global Health Insurance Card prior to departure instead. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware. You must obtain comprehensive health insurance cover if you are travelling to the European Union.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe
|Conditions of Suppliers|
|Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.|
|Delays, Missed Transport Arrangements and other Travel Information|
|If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. 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. A delay or cancellation to 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 cannot accept liability for any delay which is due to Events Beyond Our Control (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “United Kingdom safety list” (available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/ ) detailing air carriers that are subject to an operating ban with the UK.
Our advertising material is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
|Advance Passenger Information|
|Foreign Office Advice|
|You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control.|
|Information such as name, date of birth, address and special requirements is shared with third parties to ensure your travel arrangements meet your requirements. These include airlines and resorts to secure your booking and public authorities as required by law. We take full responsibility for ensuring the proper security measures are in place to protect your information.
We may wish to contact you by post or e-mail with news, information and special offers provided by Bilyana Golf Holidays, other carefully selected third parties and market research purposes. If you prefer not to be contacted please let us know in writing through your sales representative.
Jurisdiction and Applicable Law
These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English Law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
|Additional Holiday Information|
|Limitation of Liability
Please note we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment, curtailment of your holiday, missed transport arrangement and additional accommodation required), in the following circumstances:
(a) Prior to departure, you have been diagnosed or have otherwise been in contact with someone who has been diagnosed with Covid-19 and are no longer able to travel and/or required to self-isolate;
(b) Prior to departure, you live in a place that has imposed local or national lockdown restrictions and you can no longer travel;
(c) After your departure and during your holiday, you have been diagnosed or have otherwise been in contact with someone who has been diagnosed with Covid-19 and are required to self-isolate.
(d) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or any other government body or local authority or fail to submit for testing or assessment when requested to do so and as a consequence you are denied boarding, denied entry to the destination or otherwise denied access to any of your travel arrangements.
If you cancel your booking due to any of the above circumstances, we will do our best to assist you by offering alternative dates for your booking or simply postponing your booking to the same dates for the following year. If the date change means that the cost of your holiday increases, you will be liable to pay this increase. If you choose not to change the dates of your booking and cancel for any of the reasons above, our standard cancellation charges will apply. If the reason for your cancellation or curtailment is covered under the terms of your insurance policy, you may be able to reclaim these charges and we suggest any claim is made directly with your insurer.
|Awareness and Measures|
|In response to the Covid-19 global crisis, each destination has implemented their own health and safety measures and precautions in an attempt to combat the spread of the disease. Specific regions and resorts have also introduced their own health and safety measures in line with government advice (local or national), depending on their capacity and ability to take certain precautions. It is your responsibility to make yourself aware of and comply with the measures that are in place at the travel destination, resort or other accommodation you have booked, Health and safety measures and requirements may also vary for each activity, tour and other excursions and travel arrangements you have booked.
Certain measures may be mandatory and it is essential that you and any members of your party comply with and respect any local and national health and safety measures throughout the duration of your holiday as you could face penalties for failing to do so. Such measures may include, but are not limited to, social distancing, the use of facemasks both indoors and outdoors, a maximum number of households or people in the accommodation or other facilities and restrictions on the use of certain facilities. We will not be liable for any costs, fees, charges or penalties you incur from your failure to comply with any mandatory requirements or measures.
Where possible, we will make you aware in advance of any mandatory measures that are in place at your travel destination and/or in place at any of the travel arrangements that you have booked. However, it is your responsibility to check the measures and requirements that are in place at your travel destination and ensure you are checking these regularly before your departure date. For further information we suggest you visit https://www.gov.uk/foreign-travel-advice and search for the country(ies) you are planning to travel to, as well as the website and/or terms and conditions of your specific travel arrangements.
|It is your responsibility to check the entry requirement for the destination(s) you are travelling to as many countries have introduced additional entry requirements.
Entry requirements may include, but are not limited to, proof of a negative Covid-19 test taken at a certain point prior to your departure date, additional Covid-19 test(s) taken at certain points during your holiday or proof of a Covid-19 vaccination (or multiple doses of vaccine) from a recognised provider. In addition to these requirements, you may be required to complete and present additional travel documentation beforehand detailing any destination you have travelled through/visited recently and whether you have been diagnosed or been in contact with anyone who has been diagnosed with Covid-19 recently. If you fail to complete and/or present the above when required, or if you fail any health check, you may be denied boarding and entry to your travel destination(s). We do not accept responsibility if you cannot travel and we are not liable for any costs, fees or charges you incur if you have not complied with the requirements or if you fail any health check. Unless stated otherwise, you will be responsible for the cost of any Covid-19 tests that you are required to have before and/or after your departure.
Entry requirements are likely to differ for each country and may change before your departure date. Therefore, it is important that you keep up to date with the entry requirements that are in place for your travel destination(s).
Where possible, we will make you aware in advance of any entry requirements that apply to your travel destination(s) and will attempt to notify you without delay if any of the entry requirements change before your departure date but it is your responsibility to make yourself aware of the above and regularly check for the most up to date information up until the point of your departure. For further information on entry requirements, please visit https://www.gov.uk/foreign-travel-advice and search for the country(ies) you are planning to travel to.
|The Foreign, Commonwealth and Development Office (FCDO) currently advises against all but essential travel to a number of destinations because of COVID-19. The FCDO update the advice on a regular basis and often at very short notice. It is your responsibility to make yourself aware of this advice and keep up to date with it and we do strongly suggest you check this advice regularly up until your departure. Please visit https://www.gov.uk/foreign-travel-advice for further information and search for the country(ies) you are planning to travel to.
If the FCDO update their advice after your booking and now advise against all but essential travel to your chosen destination, we will do our best to assist by offering alternative options. For example, if we operate in other destinations then we may offer you the chance of alternative travel arrangements if they are available and subject to additional cost. Alternatively, you will have the choice to change the date of your booking, postpone your booking to the same dates the following year or cancel and receive a full refund from us.
|SECTION B – APPLICABLE TO PACKAGE BOOKINGS|
|This section only applies to Packages booked with us as Package Organiser. Please read this section in conjunction with Section A of these Booking Terms and Conditions.|
|Definition of a Package|
|Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Terms and Conditions.
A “Package holiday” exists if you book a combination of two of the following separate travel services: (a) transport;
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances);
(d) any other tourist service not intrinsically part of one of the above travel services; provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that:
a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b. where you have made a booking which consists of not more than one type of the travel services listed at (a) – (c) above, combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:
|Pricing of your Package Holiday|
|Where there is a EURO (€) price in your quote, this is the source price from our suppliers and is fixed. We can give a GBP (£) price based on the current EURO-GBP exchange rates but please note that the time you balance payment is due, the exchange rate of that day will be used. Where you see only GBP (£) price quotes, this is a fixed price and will not change according to any exchange rate fluctuation.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
1. the price of the carriage of passengers resulting from the cost of fuel; or
2. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
3. the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to cost changes which are part of our contracts with transport providers and any other suppliers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
If this means that you have to pay an increase of more than 8% of the price of your confirmed travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
Should the price of your arrangements go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. There will be no change made to the price of your confirmed arrangements within 20 days of your departure nor will refunds be paid during this period.
|Changes and Transfers by You to your Package Holiday|
|If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of any applicable rate changes or extra costs incurred as well as a £5 per person administration fee and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
Transfer of Booking: If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, if that someone else is introduced by you and satisfies all the conditions applicable to the arrangements, if we are notified not less than 28 days before departure and you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
|If You Cancel Your Package Holiday Before Departure|
|If you or any member of your party decides to cancel your confirmed booking you must notify us in writing via email or post. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. If you are notifying us of your cancellation, we recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges as set out below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling. Please note that some of the suppliers will not cancel bookings if time of travel is less than 90 days:
Note: Flight costs are non-refundable in the event that you cancel. Furthermore, certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause outlines the rights you have if you wish to cancel a Package booking where we are acting as the Package Organiser. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
|If We Change or Cancel|
|As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in our advertising material may be subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
|You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
The compensation we offer does not exclude you from claiming more if you are entitled to do so.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
|Our Responsibility for your Package Holiday|
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your booking confirmation. Subject to these Booking Terms and Conditions, if we or our suppliers negligently perform or arrange the services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package. The level of such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Terms and Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
|Prompt Assistance in Resort|
|If, whilst you are on holiday, you find yourself in difficult for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused by you or a member of your party, or otherwise through you or your party’s negligence.|
|SECTION C – APPLICABLE TO SINGLE SERVICE BOOKINGS|
|If You Change or Cancel your single service booking|
|If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes may be subject to payment of an amendment fee of £5 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
Note: Certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
If you, or any member of your party, decides to cancel your booking once you must notify us by recorded delivery post or by email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. The person to notify us of any cancellation must be the same person that originally signed the booking form.
|If We Change or Cancel Your Single Service Booking|
|We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced due to Events Beyond Our Control to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to pay you compensation or meet any additional costs or expenses you incur as a result.
|Our Responsibilities for your Single Service Booking|
(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.