BOOKING CONDITIONS & GENERAL INFORMATION - EUROPEAN COACH HOLIDAYS
The following Booking Conditions together with the Additional Information contained in this webpage form the basis of your contract with Mistral European Holidays Ltd. Please read them carefully as they set out our respective rights and obligations.
ADDITIONAL INFORMATIONPlease read these pages carefully as they contain important information about your holiday.
FINANCIAL SECURITY AND PEACE OF MINDThe air holidays and flights in this brochure are ATOL protected, as we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is 6900, meaning that you are assured of full financial protection when you book your holiday with us. We are also a member of ABTA, membership number V0669. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. Further information on ABTA and the Code can be found on ABTA's website www.abta.com
PRICES AND WEBSITE ACCURACY The price is per person and is based on two people sharing a twin bedroom, unless otherwise stated. A handling fee of 2% will be added to all payments made by credit card. Please note that the holiday information and prices shown in this brochure may have changed by the time you come to book the holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of your chosen holiday (including the price) with us (directly or through your travel agent) at the time of booking.
YOUR BEDROOMBedrooms with private bathroom means that the bathroom has a washbasin, WC and either a bath or shower. Twin bedrooms usually have two single beds. If requested, we may be able to allocate a double bed but this cannot be guaranteed. Hotels on the Continent do not usually provide tea making facilities in bedrooms. Seasoned travellers usually take a 'low wattage' travel kettle if they require this facility. Towels and soap, when provided, may not be of the same size or quality as those you would use at home.
BEDROOMS WITH THREE OR FOUR BEDSTriple (3 beds) and family (4 beds) bedrooms are usually twin bedrooms with foldaway and/ or bunk beds (which may not be suitable for adults). Putting an extra bed in a room may mean that space will be limited.
SINGLE BEDROOMSA limited number of single bedrooms are available at most hotels. Please note that these may not be as large or in as good a position as a twin bedroom, even though a single supplement has to be paid.
TRAVEL ARRANGEMENTS Airlines and all timings shown in this brochure and on your confirmation are provisional and for guidance only and are based on schedules that are known at the time of printing, or upon expected schedules based on previous experience. Times of flights may vary as a result of changes to flight schedules or change of airline. Should any change of flight time be significant, we will inform you when they become known to us. Final timings will otherwise be re-confirmed with your joining instructions and travel information, sent to you approximately 10 days before departure. All prices are based on air travel in economy/ standard class.
RESORT INFORMATION AND FACILITIESOur holidays visit busy cities, popular tourist destinations and international resorts and therefore at the hotels noise and disturbance can be expected from traffic, amusement parks, nightclubs, restaurants, airports and building works. Many of our holidays take place during the 'shoulder' and 'low' seasons. Therefore please bear in mind that from time to time certain facilities, including optional excursions, may be altered or withdrawn due to lack of demand, weather conditions, essential maintenance or other circumstances beyond our control. In coastal resorts in particular some of the shops, bars and restaurants may be closed or have limited opening times.
ITINERARIES AND INCLUDED & OPTIONAL EXCURSIONSMaps featured are for guidence only and are not to scale and resort descriptions are intended to give a general overview of the attractions on offer. The itineraries are shown for each holiday but please note that events subsequent to the production of this brochure may occasionally cause us to amend itineraries and their timings. To help you in planning your holiday, we also indicate in the brochure the itinerary for included excursions which are provided as part of your holiday, and for optional excursions which are available at an extra cost. Please note that unless otherwise stated, excursions to cities and other places of interest are not guided tours and do not include any entrance fees. Excursions take you to a central point with time at leisure to explore at your own pace. In some locations a guided sightseeing tour may be offered as an optional activity at a reasonable charge if a guided sightseeing tour is not already included. All optional excursions are operated by local travel agencies and do not form part of your holiday with Mistral Holidays. Optional excursions are subject to local booking conditions and usually there is a requirement for a minimum number of participants for any excursion to operate. Many towns and cities throughout Europe now prohibit traffic in the "Old Town" centres and therefore some excursions or sightseeing tours take place on foot. For all holidays we will send you a final itinerary/ticket for your holiday 7 days before your departure. If you have not received your final itinerary/ joining instructions 4 days before departure please contact us by telephone. Variations between the brochure itinerary and the final itinerary will not entitle you to compensation where such variations are a consequence of non-significant changes to your holiday. Changes to the advertised excursion programme are rare, but we do reserve the right to introduce new excursions or amend existing excursions.
PASSPORTS AND VISASPassports are required for everyone on continental holidays. Holders of British or EC passports do not require visas. If you are 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 10 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs in obtaining such documentation must be paid by you. If you or any member of your party is not a British citizen or hold 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 will travel. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results to fines, surcharges orother financial penalty being Imposed on us, you will be responsible for reimbursing us accordingly.
HEALTH REQUIREMENTSAt the time of printing there are no requirements for inoculations on continental holidays. You should however refer to your doctor for up to date information and obtain a copy of the Department of Health Leaflet T6, "Health Advice For Travellers", which is available from local Department of Health Offices and most Post Offices. We also strongly recommend that you obtain a European Health Insurance Card from the Post Office for reciprocal medical treatment within the EU.
SPECIAL REQUESTSIf you have a special request you must advise us at the time of booking and clearly note it on your booking form. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your Confirmation or any other documentation is not confirmation that the request will be met.
EATING OUT, INCLUDED MEALS AND SPECIAL DIETSEating out is one of the great pleasures of any holiday in Italy. From a family-owned trattoria or pizzeria to a top class restaurant - wherever Italians eat you will find delicious food and prices to suit all pockets. Whilst most of our holidays include half board, it is without doubt very rewarding to have an occasional meal out. Included meals are shown on the holiday itinerary. Unless stated otherwise, breakfasts are 'continental' style (a simple affair with tea or coffee, rolls, butter and jam). Additional items such as fruit juice, cereals or eggs may be available at a supplement payable direct to the hotel. Main meals are either a buffet or a three course set 'table d'hote' menu, normally served at one sitting. Food is always very much a personal matter of taste and preference. The majority of our hoteliers serve simple, but good quality, food of the local region, which is often different to British cuisine. If your holiday includes half board, meals served in the hotel will generally consist of soup, salad or pasta to start, a main course of meat or fish served with vegetables, followed by a dessert of fruit, ice cream or cake. Dining room seating plans may mean that you will share a table with fellow guests. If on the first day you arrive late at the hotel, or depart early on the last day, meal arrangements may be adjusted. The hotels and restaurants we use can normally provide very simple vegetarian meals. Diets in most European countries are more meat orientated and hotels and restaurants on the Continent are not as familiar with vegetarian dishes as in the UK and you are likely to be served a salad or an omelette as an alternative to a meat or fish dish. Please let us know at the time of booking if you follow a vegetarian diet. We regret we cannot cater for other dietary needs e.g. sugar-free, low fat, gluten-free etc.
ACTIVITIES, FITNESS AND SPECIAL NEEDSMany of our holidays are designed for those who want to see and do as much as possible, sometimes in a short space of time, whilst visiting another country and feature itineraries and activities that need a reasonable level of fitness. This can sometimes mean lengthy periods of travel and excursions which involve walking. Some hotels have steps and/or inclines for access or are on narrow roads. At these hotels our coaches sometimes also have to stop some distance away. Bookings are accepted on the understanding that all persons travelling are normally in good health, and physically equal to the chosen holiday programme. Whilst we accept bookings from people with disabilities we must point out that some degree of mobility is necessary to gain full enjoyment from our holidays. If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before making your booking so that we can advise on 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/cancel their reservation. We would ask passengers affected by mobility be accompanied by an able-bodied person who can provide the necessary assistance when boarding and walking to the coach or hotel(s). We are happy to carry folding wheelchairs (subject to space being available on the aircraft), but you must tell us at the time of booking. We regret that we are unable to carry mobility vehicles or battery powered wheelchairs.
NATIONAL AND/OR LOCAL HOLIDAYS
If during the course of your holiday there is a National or Local holiday then shops, museums/monuments and banks may be closed. The dates of these holidays varies from country to country. For more information on these dates, we would ask you to contact the National Tourist Board of the country or countries you are visiting on the holiday.
DATA PROTECTION POLICY In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide on the booking form such as name, address, any special needs/dietary requirements, etc. We have appropriate security measures in place to protect this information. We must pass the information on to the relevant suppliers of your holiday arrangements such as hotels, coach and ferry companies, etc. If we cannot pass this information to the relevant suppliers, we cannot provide your holiday. In making a booking with us, you consent to this information being passed on to the relevant persons. The information may also be provided to public authorities such as Customs/Immigration if required by them, or as required by law. We may also use it to inform you of future holidays or send you brochures. If you do not wish to receive such offers from us in the future, please let us know. We will confirm the details we have on record about you on request. Please note: Telephone calls may be recorded for training/security purposes and to ensure we provide a high level of service.
MINIMUM NUMBERSAll holidays are subject to a minimum number of participants. There is a deadline of four weeks prior to departure for deciding if sufficient passengers have booked for the holiday to operate. In the event that the minimum numbers have not been reached, we reserve the right to cancel the holiday and to refund all monies paid.
IMPORTANT NOTICEThe Foreign & Commonwealth Office Travel Advice Unit may have issued information about your holiday destination. You can check this information on the internet - www.foc.gov. uk or alternatively, contact ABTA Information Department on 0901 201 5050 (call cost 50p per minute).
HEALTH, INOCULATIONS AND INSURANCENo inoculations are required for travel on these holidays. For up to date health and travel advice, check with your GP or visit www.dh.gov.uk/travellers. Please note that the E111 form is no longer valid. You will need a European Health Insurance Card (EHIC) to receive any required healthcare during a visit to a European Economic Area (EEA) country or Switzerland. We strongly recommend that you have a valid EHIC in addition to your Holiday Insurance. When arranging your holiday insurance, you must give the insurers full details of any current, ongoing or past medical condition or problem you or any member of your party or other person as detailed in the policy (such as a relative or close business partner) has or has had. If you fail to do so, your insurers may refuse to cover you if you make a claim.
COMPETITIVELY PRICED HOLIDAY INSURANCE - EXCESSES FREE POLICY - NO ADDITIONAL PREMIUMS FOR OVER 65's It is essential that all holidaymakers should be adequately insured. We make it a condition of booking continental holidays that you accept the holiday insurance we have arranged or alternatively you may arrange a policy yourself that provides comparable or greater cover, including a 24 hour emergency service. Our Holiday Insurance is only available to UK residents. This competitively priced Holiday Insurance is EXCESS FREE - therefore if what you claim for is covered by the policy and you have complied with the terms and conditions, your claim will be paid in full without any deductions for so-called "excesses". Most other insurance companies charge an "excess" and they will substantially reduce their payment to you, by up to £60 per person, for every category. Our insurance cover comes into effect the moment your premium is received and the policy is issued by us. A summary of the benefits for each category is... Medical Expenses - up to £2,000,000, Personal Property - up to £1,500 (including £200 money), Cancellation - up to £1,000, Personal Accident - up to £15,000, Travel Delay - Up to £60 or full refund of holiday cost, Legal Expenses - up to £10,000, and Personal Liability - up to £2,000,000. There are no "excesses" - all valid claims are settled in full. The insurance premium is given on the booking form and includes Insurance Premium Tax. Our insurance is arranged through... Towergate Chapman Stevens, Wintersells Business Park, 22 Wintersells Rd. Byfleet, Surrey, KT14 7LF Tel: 01932 334140 Towergate Chapman Stevens must be informed of any fact which is likely to influence us in the acceptance, assessment or continuance of this insurance. Failure to do so may invalidate this insurance, leaving you with no right to make a claim. Please read the following Pre-Travel Conditions carefully to ensure that you understand and can comply with these requirements: It is a condition that at the time of taking out this Policy you must comply with each of the following...
1) You are not aware of any reason why the holiday should be cancelled or cut short. 2) You are not receiving or awaiting treatment as a hospital in-patient for any illness or injury, as any claim arising from this injury or treatment will not be covered. 3) You are not travelling a) against the advice of a medical practitioner. b) for the purpose of obtaining medical treatment. c) if you have been given a terminal prognosis. 4) If you have received medicaltreatment as a hospital in-patient or out-patient, during the six months prior to booking the trip, you must obtain medical advice from a Medical Practitioner at your cost confirming that you will be fit enough to take the trip. 5) If you are undergoing medical treatment as a hospital out-patient at the date the final cost of the trip is due to be paid a 'Certificate of Fitness' confirming your ability to travel must be obtained. 6) If you are on medication at the time of travel your medical condition is stable/well controlled. You must notify us if any of the situations described above arise between the date you take out the policy and the first day of your holiday.
IMPORTANT NOTE: The policy contains the following General Exclusion: You Are Not Covered for anything caused directly or indirectly by you suffering from stress, anxiety or depression unless it has been investigated and diagnosed as such by a Consultant specialising in the relevant field. The terms and conditions are shown in full on the insurance certificate which will be sent to you, or you may ask for a copy prior to booking should you wish to inspect it. Please read it carefully to ensure that it meets with your requirements and take note of the conditions and exclusions. NOTE: If you declare a medical condition Insurers reserve their right to amend the policy terms and conditions.
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) and "we", "us" and "our" means Mistral European Holidays Ltd.
1. Making your booking
To confirm a booking, the party leader must complete and sign our booking form. He/she 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. By signing the booking form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made. The completed signed booking form must then be sent to us together with the payments referred to in clause 2 below. Once we have received your booking form 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.
In order to confirm your chosen holiday, a deposit (or full payment if booking within four weeks of departure for air holidays or within two weeks for coach holidays) 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 4 weeks prior to departure for holidays by air or 2 weeks prior to departure for holidays by coach. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due 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. For flight bookings, all monies paid to one of our authorised travel agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you.
3. Your contract
A binding contract between us comes into existence when we issue our confirmation invoice to the party leader or your travel agent or, if you make a flight booking by telephone, when we verbally confirm. 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 (see clause 12) 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). Changes to these Booking Conditions or the General Information shown in our brochure will only be valid if agreed by us in writing.
4. The price of your holiday
We reserve the right to increase or decrease the prices of unsold holidays at any time. The price of your chosen holiday will be confirmed at the time of booking. Prices for Continental holidays are based on an exchange rate of £1 to £1.15 Euros. Once the price of your chosen holiday has been confirmed at the time of booking, subject to the correction of errors, the price of your holiday is fully guaranteed and will not be subject to any surcharges.
Please note, changes and errors occasionally occur. You must check all details of your chosen holiday at the time of booking
5. 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 £10 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
6. 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 sent by Recorded or Special Delivery. 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 departurewithin which notificationof cancellation is receivedby us
Cancellation charge perwritten person cancelling
More than 15 days
loss of deposit
15 - 9 days
60% or deposit or greater
Less than 9 days
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.
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 one week before departure. 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 £10 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 (or in the case of airlines which do not issue paper tickets, electronic confirmations) have been issued for any reason, these charges are likely to be the full cost of the flight.
It is a condition of booking that anyone travelling abroad is adequately covered by holiday insurance. If you decide not to purchase the insurance we offer, you must give us details in writing of your alternative policy (insurer and policy number). If you fail to do so, we will add the appropriate premiums for the personal travel insurance we offer to your confirmation invoice. These 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.
8. 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 brochure 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.
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 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 airport to one which is more inconvenient for you 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. 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 aSignificant Change or Cancellationis notified to you
Compensation per person
More than 14 days
14 - 8 days
7 – 0 days
Very rarely, we may be forced by "force majeure" (see clause 9) 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.
9. 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 10(2) 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.
10. Minimum Numbers
All holidays are subject to a minimum number of participants. There is a deadline of two weeks (coach holidays) and four weeks (air holidays) prior to departure for deciding if sufficient passengers have booked for the holiday to operate. In the event that the minimum numbers have not been reached, we reserve the right to cancel the holiday and to refund all monies paid.
11. Our Liability to you
(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) If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
(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 16 "Excursions, activities and brochure information". 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
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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 £1500 per person affected unless a lower limitation applies to your claim under this clause or clause 10(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 10 (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 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). 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.
12. Complaints and problems.
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.
The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
Smoking or the consumption of alcohol is not allowed on coaches. If you ignore this rule, you will be liable to meet and must indemnify us for any claims (including all legal costs incurred by any party) made by any other passenger or third party relating to any inconvenience, damage, distress or disappointment suffered as a result of your actions. If you refuse to stop smoking or drinking alcohol when requested to do so, we have the right to terminate your holiday as set out below.
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.
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 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
16. Special requests and medical problems / disabilities
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 problem 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.
17. Excursions, activities and brochure information
The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print but may change or occasionally contain errors. We may provide you with information (in our brochure and/or when you are on holiday) about excursions which are usually available to purchase whilst you are away. These excursions are organised and run by local operators who are entirely independent of us. They are not operated, supervised or controlled in any way by us. Where they are booked through your tour manager, we act only as booking agent for the local operator concerned. Your contract for the excursion will be with the local operator. They do not form any part of your contract with us or of the holiday you book with us in the UK. We cannot accept any liability on any basis in relation to any such excursions and the acceptance of liability contained in clause 10(1) of our booking conditions will not apply to them. In any event, our liability is limited to a refund of the cost of the excursion if we are found to have any responsibility for the same on any basis. We do not, however, exclude or limit 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 any excursion or about the resort/area you are visiting generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion which does not form part of our contract will operate as advertised or at all and we have no control over such information / services.
18. 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 in our brochure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party hasn't yet got a passport, you should apply for one at least 10 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this.
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 T7 (Health Advice for Travellers) available from the Department of Health on 0870155455 or via its website on www.dh.gov.uk and most Post Offices. For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure. 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.
19. Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the unlikely event of our insolvency. We provide this security by way of an ATOL (number 6900) administered by the Civil Aviation Authority for holidays by air and a bond held by ABTA (ABTA membership number V0669) for holidays by coach.
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