ESSENTIAL INFORMATION & BOOKING CONDITIONS - Continental Coach Holidays 2020/2021
Please read these pages carefully as they contain important information about your holiday.
Our dedicated holiday advisors are always ready to help you, answer any questions you may have, check availability and book your holiday. Call us on 01352 756864, our office is open Monday to Friday 9.00am to 5.00pm. All telephone calls are recorded for training/security purposes.
HOW TO BOOK
These holidays can be booked over the telephone, with your travel agent or, as you're already here, you may wish to book online - it really is easy and we accept most major debit and credit cards. To make a booking online click on the "Coach Holidays" button at the top of this page, select the holiday you wish to book on, then click the "Departures, Dates and Prices" tab. Our secure booking process will then take your details and guide you through to completing your booking.
If you would rather speak to one of our friendly holiday advisors, please don't hesitate to call us. We're more than happy to answer any questions or queries you may have and we can take your booking over the 'phone. Our holiday advisor team can be contacted on 01352 756 864 and our office hours are 9.00am to 5.00pm Monday to Friday.
PRICES AND BROCHURE & WEBSITE ACCURACY
For many years holidaymakers have benefited financially by booking late but this trend has now been reversed and early booking is recommended. The price is per person and is based on two people sharing a twin/double bedroom, unless otherwise stated. There is no charge for payments by credit or debit card. Please note that the holiday information and prices shown in our printed 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, website 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 shown in our printed brochure (including the price) with us (directly or through your travel agent) at the time of booking. Our website is updated regularly.
OUR PRICE PROMISE - ABSOLUTELY NO SURCHARGES PRICE GUARANTEE
Once the price of your chosen holiday has been confirmed at the time of booking, the price of your holiday is fully guaranteed and will not be subject to any surcharges, irrespective of any subsequent fluctuation in currency exchange rates or increases in fares or increases in any other costs.
YOUR JOURNEY - OUR COACHES:
We know how important the coach is for the enjoyment of your holiday and that safety is of paramount importance. Therefore we only use coaches from reputable British Coach Companies. All coaches have a washroom/WC and are air conditioned. Coach seating plans are arranged close to the departure date, enabling us to seat family and friends as close together as possible. Your reserved seat numbers, which you retain throughout the holiday, are notified to you with your travel tickets. On occasion we may use a 'feeder' vehicle, such as a mini bus or taxi, to take you to join the main coach. On these occasions your allocated seat number does not apply until you join the main tour coach. Please also note that 'feeder' vehicles are not of the same standard or size as the main coach.
NO SMOKING ON OUR COACHES:
Rest stops are made at various intervals during journeys so that smokers are not unduly inconvenienced.
DEPARTURE POINTS, TIMINGS AND DELAYS:
Departure points are subject to minimum numbers. The departure point you request at the time of booking will be shown on our invoice and is subject to amendment. In the event of insufficient numbers at your requested departure point we will, where possible, offer you the nearest departure point which is operating or alternatively for you to cancel and receive a full refund. Your confirmed departure point will be advised with your final itinerary/ticket, which is issued 7 days before departure. Departure and arrival times on the first and last days of our European Holidays depend on how far you have to travel to and from the Ferry Port. Coaches are scheduled to depart early enough in the morning, OR SOMETIMES THE EVENING BEFORE, to allow sufficient time to connect with the ferry. It is not usually possible to give exact timings but, for your guidance, provisional departure and return times may be obtained from our reservations staff. We do emphasise, however, that all timings are provisional and we can accept no responsibility, financial or otherwise, for any subsequent changes. Your confirmed departure time will be advised with your final itinerary/ticket, which is issued 7 days before departure. We do allow in our schedule sufficient time for stops en route to the port. Sometimes, however, traffic congestion or poor weather conditions can cause delays resulting in our not being able to make a refreshment stop en route to the port. It is for this reason that we advise you to take a snack or drink with you on departure. We may also have to pick up clients in other areas en-route to the port. Whilst we endeavour at all times to maintain the scheduled itinerary, events beyond our control such as traffic congestion and adverse weather, can unfortunately lead to unforeseen delays. On these occasions, amendments to the itinerary and also the days of operation of excursions may become necessary. We regret we are not in a position to offer meals or any other assistance in the event of a delay. Your holiday insurance policy, subject to the terms of the policy, should pay compensation for a delay exceeding 12 hours at the point of departure.
Unless shown otherwise in the holiday itinerary, Channel crossings are usually by ferry from Dover to Calais. We may occasionally also use Eurotunnel.
Your luggage allowance is one medium suitcase per person with a maximum weight of 20 kilos, plus any hand luggage you may wish to carry with you in the coach. We are happy to carry folding wheelchairs, but please tell us in advance. We regret that we are unable to carry mobility vehicles or battery powered wheelchairs. Porterage at the hotels is not included and many of the hotels we use don't normally have porters. Your luggage is at all times your own responsibility and we would ask you to ensure that it is loaded into your coach both on departure and when leaving the hotels.
HOTELS: CATEGORIES AND SAFETY STANDARDS
Every country has a different system for awarding hotel categories/star ratings. As a general guide a 3 star family owned hotel will not have the more extensive facilities of a hotel with a higher category. The hotels do not necessarily have a lift and sometimes have steps/inclines for access. Bedrooms can sometimes be in a hotel’s annexe. Air conditioning, where featured, is usually used from the end of June to early September. Please note that it is the requirements and safety standards of the local authorities, and not those of the UK, which apply and make up your holiday. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
All bedrooms are ‘standard’ rooms unless otherwise stated.En-suite bathrooms have 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. The size, decor, style and furnishing of bedrooms can differ markedly, even within the same hotel. There can also be considerable variation in floor space, clothes storage facilities (sometimes quite limited), types of bed and bedding. Where a TV is advertised, no guarantee is implied as to how many English-speaking channels will be available, if any, including Satellite TV. Where a supplement has been paid for a balcony or a room with a balcony is included, neither a specific view such as a sea or mountain view, or a particular aspect, is guaranteed unless otherwise stated. Not all balconies will include seating or a panoramic view. In some cases they may be ‘Juliet’ style balconies, with limited floor space. Views from balconies, windows and terraces may be restricted by trees/foliage or other factors beyond our control and no express or implied representation is made regarding there being a ‘view’ of any kind unless otherwise stated. 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 BEDS
Triple (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.
A 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.
HOTEL ROOM TAX
Regional councils in some European countries have introduced a room tax of between 1 Euro and 3 Euros per person per night, payable directly by the guest to the hotel on check-out. We will advise you in your Final Travel Documents or by our Tour Manager if your hotel has to implement this charge.
RESORT INFORMATION AND FACILITIES
Our 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 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. Porterage is not included and the hotels we use don’t normally have porters. If they do, a charge may be payable.
ITINERARIES AND INCLUDED & OPTIONAL EXCURSIONS
Maps featured are for guidance only and are not to scale and destination 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. 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. Since some attractions visited offer free admission to visitors at certain times of year, we do not include entrance fees unless specifically shown that they are included. These will be payable locally where applicable. This applies to excursions that are included in the price of your holiday and to excursions booked as optional extras. There is a requirement for a minimum number of participants for any optional 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 VISAS
Passports are required for everyone on continental holidays. Holders of British or EU passports do not require visas. If you haven’t yet got a passport our recommendation is that you should apply for one at least 10 weeks before your holiday. 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, other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
If you have a special request you must advise us at the time of booking. 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. For your own protection, you should obtain confirmation in writing that your request will be complied with (where it is possible for us to give this) if your request is important to you. Any special requirement which we have accepted will be specifically confirmed as accepted on your Confirmation.
EATING OUT, INCLUDED MEALS AND SPECIAL DIETS
Eating out is one of the great pleasures of any holiday abroad. From a family-owned bistro to a top class restaurant - you will find delicious food and prices to suit all pockets. Whilst most of our holidays include meals, 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. Some hotels may arrange for dinners to be taken in a nearby restaurant. If your holiday includes meals, menus served in the hotel will generally provide more standard fare at an economical price, usually offering 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, dinner or breakfast may not be available. 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, DISABILITY, MEDICAL CONDITIONS AND REDUCED MOBILITY
Many 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 hotels our coaches sometimes also have to stop some distance away. This means our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. 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 and reduced mobility we must point out that some degree of mobility is necessary to gain full enjoyment from our holidays. If you suffer from any medical condition, disability or reduced mobility (including any which affect the booking process) or have any special requirements as a result, please tell us before making your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. We would ask that passengers whose mobility is significantly impaired be accompanied by an able-bodied person who can provide the necessary assistance when boarding and walking to the coach or hotel(s) as we / our suppliers are unable to do so. We are happy to carry folding wheelchairs, 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.
All holidays are subject to minimum numbers and occasionally we do not receive sufficient bookings to run an individual holiday date. If unfortunately we are forced to cancel a holiday for this reason we will do so before the date that your balance payment is due. Wherever possible, we will always try our very best to offer you a suitable alternative holiday. For more information, please see clause 8(3) of our Booking Conditions.
HEALTH, VACCINATIONS AND EHIC CARD
There are no compulsory health requirements for any of the holidays we offer. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.nhs.uk/Live-well/ healthy-body/before-you-travel. For holidays in the EU/EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance and will only be valid while the UK is still a member of the EU and during any transition period. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have up to date information.
Please see clause 7 below.
TERMS AND CONDITIONS COACH HOLIDAYS TO EUROPE 2020/2021
Your contract is with Mistral European Holidays Ltd. These Booking Conditions set out our obligations to you and your commitments to us when you book a holiday with us and, together with the information contained in the Essential Information / Holiday FAQs, form the basis of our contract with you. You should read and ensure you understand them (raising any queries you may have with us) before asking us to confirm your booking. By asking us to confirm your booking, we are entitled to assume that you have read and agreed to these Booking Conditions.
We draw your attention in particular to the following clauses of these Booking Conditions: Section 4 (THE PRICE OF YOUR HOLIDAY); Section 8 (CHANGES AND CANCELLATION BY US); Sections 19 (DELAYS); Sections 10, 11 and 12 (OUR ASSURANCE ON STANDARDS AND ASSUMPTION OF LIABILITY; OUR COMPLAINTS PROCEDURE and IF YOU HAVE A COMPLAINT); Sections 2 and 15 (DEPOSITS AND PAYING THE BALANCE OF YOUR HOLIDAY and SPECIAL REQUESTS); Section 8 (CHANGES AND CANCELLATION BY US); Section 6 (IF YOU CANCEL YOUR BOOKING); Section 7 (HOLIDAY INSURANCE); Section 13 (YOUR BEHAVIOUR); If you are booking a late/special offer holiday, any extra information and conditions that apply to the late/special offer holiday will also be part of your contract. If in doubt, you should check with your Travel Agent or us; Please note that we reserve the right to refuse a booking at our discretion at any time prior to confirmation without giving any reason for such refusal.
Where in these Booking Conditions we refer to “we”, “us” and “our”, this means Mistral European Holidays Ltd trading as Mistral Holidays. References to “you” and “your” means all persons (or any of them) named on the booking (including anyone who is added or substituted at a later stage) or any of them as the context requires. “Travel Agent” means a travel agent authorised by us to accept bookings on our behalf. These Booking Conditions only apply to air holiday arrangements to Europe which you book with us in the United Kingdom and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “holiday”, “booking”, “contract”, “package”, or “arrangements” means such holiday arrangements.
1. MAKING YOUR BOOKING
To make a booking you can contact us in several ways; directly over the telephone, via our website or through an approved Travel Agent. The party leader must be 18 years old or over and must be authorised to make the booking and accept these Booking Conditions on behalf of everyone named on the booking and their parent or guardian for all party members who are under 18 years old when the booking is made. By making the booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us, as referred to in clause 2 below. Once we have received all appropriate payments, we will, subject to availability, confirm your holiday by issuing a Confirmation Invoice. This Confirmation will be sent by post or e-mail to the party leader or your Travel Agent. Prior to doing so, we or the Travel Agent may send you an acknowledgement of your booking. Any acknowledgement simply confirms that we are dealing with your booking request and is not a confirmation of it. Please check your Confirmation carefully as soon as you receive it and that each name is exactly as stated in the relevant passport. Please also check that all information which appears on the Confirmation or elsewhere is correct and complete. If any information which appears on the Confirmation or elsewhere appears to be incorrect or incomplete, please contact us or your Travel Agent immediately (and in any case within 10 days of receipt of the Confirmation. This will help us to make the changes you need. We will do our best to rectify any mistakes notified. However, if you delay in informing us of these, it may not be possible to correct them later. 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 of £50 per person for coach holidays up to four days duration and £150 per person for holidays of five days or longer (or full payment if booking within three weeks of departure) must be paid at the time of booking. There is no charge for Credit or Debit Cards. The balance of the holiday cost must be received by us not less than 2 weeks prior to departure. This date will be shown on the Confirmation. 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. Any Travel Agent through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by your Travel Agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your Travel Agent that did not originate from us.
3. YOUR CONTRACT
A binding contract between us comes into existence when we send by post or e-mail our Confirmation to the party leader or your Travel Agent. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it. 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 (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA Alternative Dispute Resolution 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 claim 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 Essential Information will only be valid if agreed by us in writing.
4. THE PRICE OF YOUR HOLIDAY
Prices shown in our brochure are believed correct at the time of publication. Prices found in our brochure may differ from those displayed on the website, and certain offers advertised on the website may not be available in the brochure. We reserve the right to change the prices of holidays from time to time. Accordingly, it is possible that when you book your holiday the actual price may have gone up or down from the advertised price. If the price of your holiday has changed, the correct price will be confirmed before you book. We also reserve the right to correct errors at any time prior to the price being 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, the price is fully guaranteed and will not be subject to any surcharges.
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
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to below. Should you 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 or by e-mail. 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:
Cancellation received by us: Cancellation Charge
a) more than 15 days before travel: Loss of deposit
b) between 15 - 9 days before travel: 75% or deposit if greater
c) Less than 9 days before departure: 100%
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 any amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges under the terms of your insurance policy. Claims must be made directly to your insurance company. Where any cancellation reduces the number of full paying party members below the number on which the price and/ or any discounts agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
You may transfer your booking or your place on the booking to someone else (introduced by you) providing we are notified not less than 7 days before departure and the person(s) to whom you are making the transfer satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). 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 £20, must be paid before the transfer can be effected.
7. TRAVEL INSURANCE
Adequate and suitable travel insurance is compulsory for all persons travelling and it is a condition of accepting your booking that you agree you will have obtained adequate and suitable travel insurance for your booking by the date of departure. You are responsible for ensuring that the insurance cover you purchase is suitable and adequate for the particular needs of all persons travelling but it should at a minimum cover the cost of cancellation of the holiday by you and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for injury, delays or loss of baggage and personal possessions. Please advise us of the details of your own insurance including the name of the insurer and the policy number as soon as possible. We do not check insurance policies. Please take the policy with you on holiday. Clients in breach of this condition will be deemed to have agreed to indemnify the Company for any costs and expenses incurred by the Company as a result of such breach.
8. CHANGES AND CANCELLATION BY US
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 8. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in the section headed Special Requests in the Essential Information. Where we have to do so, clauses 8(4), 8(5) and 8(6) will apply.
(2) All alterations which are not significant in accordance with clause 8(1) will be treated as insignificant changes. Carriers such as ferry companies may be subject to change. Any such change will not be significant. A change of departure time of less than 12 hours or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes.
(3) Our holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 2 weeks before departure. If possible, we will endeavour to offer you the same holiday departing on a different date. Where we cancel for lack of numbers in accordance with this clause, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
(4) We will, where appropriate, pay you the compensation in the table below. This compensation will not be payable where a change is not significant or we have to make a change or cancel as a result of unavoidable and extraordinary circumstances or we have to cancel because the minimum number of bookings has not been achieved as referred to in clause 8(3).
Period before departure a Significant Change or Cancellation is notified to you: Compensation
i) More than 14 days: Nil
ii) 14 - 8 days: £20
iii) 7 - 0 days: £30
(5) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(6) If you choose to cancel your booking in accordance with clause 8(4), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 9).
(7) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted tour arrangements as a result of unavoidable and extraordinary circumstances (see clause 9) and we notify you of this as soon as reasonably possible or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 8(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you an alternative holiday where possible which you may choose to book in place of that cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 6 will apply.
(8) In the event that unavoidable and extraordinary circumstances (see clause 9) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges. We will notify you as soon as practicable in the event of this situation occurring.
9. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
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 unavoidable and extraordinary circumstances. In these Booking Conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened), war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions and fire. They also include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination.
10. 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) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: • the act(s) and/or omission(s) of the person(s) affected; or • the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or • unavoidable and extraordinary circumstances as defined in clause 9 above.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. 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 applicable standards of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards 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. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 10(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 10(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost paid to us by or on behalf of the person(s) affected 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 without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 10(6). 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 concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question (for example, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol) for international travel by sea, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 Protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or EU regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international Conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(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 or (3) relate to any business (including without limitation, loss of self employed earnings.
11. 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/or 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 ideally 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.
12. ALTERNATIVE DISPUTE RESOLUTION
We are 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. 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.
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. Smoking or the consumption of alcohol is not allowed on coaches. 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.
14. 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 or EU regulations (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
15. 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. Any special requirement which we have accepted will be specifically confirmed as accepted on your Confirmation. If you or any member of your party suffer from any medical problem, disability or reduced mobility which may affect your holiday, please refer to the section headed Activities, Fitness, Disability, Medical Conditions and Reduced Mobility in the Essential Information.
16. BROCHURE, OTHER INFORMATION AND EXCURSIONS
The information contained in our brochure and on our website is correct to the best of our knowledge at the time of publication but may change or occasionally contain errors. If any part of these Booking Conditions is found to be unfair or unenforceable, the remaining terms will still be valid. We may provide you with information (in our brochure, on our website 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, endorsed, 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.
17. ASSISTANCE WHILST ON HOLIDAY
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
18. YOUR FINANCIAL PROTECTION
The Package Travel and Linked Travel Arrangements Regulations 2018 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 a bond held by ABTA (the Association of British Travel Agents). You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, 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. Our Membership Number is V0669
You can access the Package Travel and Linked Travel Arrangements Regulations 2018 at: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure or en-route. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10(2) of these booking conditions. In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
20. FOREIGN OFFICE ADVICE
The UK Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
These Booking Conditions replace all previous issues. © MB Law Solicitors and Mistral European Holidays Ltd.