ESSENTIAL INFORMATION & BOOKING CONDITIONS - Yacht Cruise Holidays to Europe
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. Telephone calls may be 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 "Yacht Cruises" link at the top of this page, select the cruise 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
We continuously look for the best possible flight prices from the UK to our holiday destinations, as these are continually changing. For many years holidaymakers have benefited financially by booking late but this trend has now been reversed and, to avoid increases in the holiday price due to increases in the air fare, early booking is recommended. The price is per person and is based on two people sharing a twin/double cabin, unless otherwise stated. There is no fee 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.
The airlines we use on our holidays include easyJet, Jet2, Ryanair, KLM, TUI, BA, Flybe, Norwegian, Lufthansa, Air France, Vueling, Alitalia, Iberia and Aer Lingus. Due to the ever changing nature of today’s airline industry, the airlines we use for our holidays may change after your booking is made. Therefore the airlines and flight times shown in our brochure, on our website and on your confirmation are provisional and for guidance only. The confirmed airline, flight times and luggage allowances will be sent with your Travel Documents 7 - 10 days before departure. Please note that most airlines today do not include refreshments on European flights, but these can be purchased on board.
Your luggage allowance on yacht cruise holidays of 7 nights or longer is one suitcase (usually between 15 - 23 kilograms, depending on the airline) and one piece of hand luggage per person.
Please note that with most airlines, including Jet2, easyJet and Ryanair, you have to check-in yourself online before departure. Other airlines only require you to give them your Advanced Passenger Information (these are your passport details) before you go to the airport. This is very quick and easy to do yourself, and all you need is access to the internet and a printer. Full details of how to do this (if it applies to your flight) will be sent with your travel itinerary. If you don’t have access to the internet, we are able to do this on your behalf for an administration charge of £20 per person. When checking in online some airlines offer you the possibility to upgrade your seat and/or reserve specific seats at a supplement and payable by you direct to the airline.
FLIGHTS AND FLIGHT SCHEDULES
At the time of printing our brochure and publishing information on our website, not all airlines will have published their schedules. Even when published, airline schedules are subject to change. Therefore the flight times shown in our brochure, on our website and on your confirmation are provisional and for guidance only. We try to make this as accurate as possible from the start, however the timings or flight numbers can change several times before departure due to adjustments by the airline to their flight schedules, or if these flights become fully booked. The majority of the flights we use are direct. However, if these flights do become full or above our budget we will use an alternative flight, which may be a connecting flight. We will inform you as soon as possible if there is a change which affects your departure by a significant amount of time. Final timings will otherwise be re-confirmed with your joining instructions and travel information, sent to you approximately 7 - 10 days before departure. All prices are based on air travel in economy/standard class.
We include return transfers from the airport to the ship in the holiday price. These transfers are usually by scheduled shuttle service which are operated by independent companies. Please note that we sometimes have clients arriving on several different flights and therefore there may be a wait on arrival until other flights have landed before the transfer to the yacht. Your return transfer may also carry guests for more than one flight and this may affect your departure time from the ship.
YACHTS: CATEGORIES, FACILITIES AND SAFETY STANDARDS
Every country has a different system for awarding categories/star ratings. As a general guide the larger the yacht the higher the category, as there is more space per passenger The yachts do not have a lift and sometimes have steps for access. Should circumstances require, we reserve the right to use an alternative yacht of the same standard to the one featured. 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.
En-suite bathrooms have a washbasin, WC and shower. Twin cabins have two single beds and a double cabin has a queen size double bed. Cabins on lower decks usually have one or two portholes and cabins on upper decks usually have one or two windows. Where a TV is advertised, no guarantee is implied as to how many English-speaking channels will be available, if any, including Satellite TV.
CABINS WITH THREE BEDS
Triple (3 beds) cabins are available on some yachts although this may mean that space will be limited.
A limited number of twin/double cabins can be used for sole occupancy on each cruise. The sole occupancy supplement is shown in the price box.
HOTEL TOURIST TAX
If your yacht cruise holiday includes a pre or post cruise hotel stay, a tourist tax of between 1 and 3 Euros per person per night is payable directly by the guest to the hotel on check-out. We will advise you in your Final Travel Documents if your hotel has to implement this charge.
RESORT INFORMATION AND FACILITIES
Our cruises visit busy cities, popular tourist destinations and international resorts and therefore noise and disturbance can be expected from traffic, bars, restaurants, airports and other yachts. Many of our cruises take place during the ‘shoulder’ and ‘low’ seasons. Therefore please bear in mind that from time to time certain facilities and optional excursions may be withdrawn or altered due to lack of demand, weather conditions or other circumstances beyond our control. Some of the shops, bars and restaurants may be closed or have limited opening times.
ITINERARIES AND INCLUDED & OPTIONAL EXCURSIONS
Maps featured are for guidance only and are not to scale and port of call descriptions are intended to give a general overview of the attractions on offer. The itineraries are shown for each cruise but please note that events subsequent to the production of this brochure/website information may occasionally cause us to amend itineraries and their timings. The Captain reserves the right to change the order of the itinerary if weather conditions are bad or if ports are very busy. To help you in planning your holiday, we also indicate in the itinerary the included excursions which are provided as part of your holiday, and any optional excursions which are available at an extra cost. Since some attractions visited offer free admission to visitors at certain times of year, we do not include entrance fees. 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. 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 most 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/website 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.
Latest UK Government Advice for Customers (as at 21 September 2020) We advise our customers travelling with us to Europe from 1 January 2021, when the UK transition period ends, to familiarise yourselves with the UK Government guidance and to check the validity of your passports. You’ll need to have at least 6 months left on an adult or child passport to travel to most countries in Europe. If your passport is burgundy or has ‘European Union’ on the cover, you can continue to use it until it expires (subject to it having 6 months left).
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.
We are unable to promise you that flights will never be delayed, as unfortunately delays sometimes still do occur. Any arrangements provided in the event of flight delay are the responsibility of the airline concerned which is obliged to comply with EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. We recommend you ensure your chosen holiday insurance policy includes compensation for travel delay and allows you to cancel the holiday and claim a full refund from the insurance company in the event of a significant delay on your outward flight.
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 many meals are included on board, it is without doubt very rewarding to dine ashore. Included meals are shown on the holiday itinerary. Unless stated otherwise, breakfasts are ‘continental’ style. Main meals are a three course set ‘table d’hote’ menu, normally served at one sitting. 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 ship, or depart early on the last day, dinner or breakfast may not be available. The ships chefs can normally provide very simple vegetarian meals. Diets in most European countries are more meat and fish orientated and they are not as familiar with vegetarian dishes as in the UK. 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
Our cruise itineraries are planned to offer leisure time cruising at sea and excursions and visits when in port. None of our yachts have lifts and access between decks is by staircase. When ships berth side by side, you may need to cross between them and negotiate ladders. The yachts do not have any cabins adapted for use by those with restricted mobility and the shore excursions usually involve walking, sometimes on uneven surfaces. This means our yacht cruise holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. If you do not inform us of such a condition we will not be liable if an airline or ship refuses to accept you or any member of your party as a passenger. Bookings are accepted on the understanding that all persons travelling are normally in good health and physically equal to the chosen holiday programme. You must promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. However, reduced mobility of course means different things to different individuals and 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.
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.
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. In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
Please note: Telephone calls may be recorded for training/security purposes and to ensure we provide a high level of service.
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 of our Booking Conditions.
HEALTH, INOCULATIONS 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 during the EU transition period until 31st December 2020. 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 Paragraph 7 below.
TERMS AND CONDITIONS - YACHT CRUISE HOLIDAYS TO EUROPE 2020/21
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 6 (IF YOU CANCEL YOUR BOOKING); Section 8 (CHANGES AND CANCELLATION BY US); Sections 19 and 20 (FLIGHT DELAYS and FLIGHTS); 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 7 (HOLIDAY INSURANCE); Section 13 (YOUR BEHAVIOUR); Section 19 FLIGHTS AND FLIGHT TIMINGS. If you are booking a late/special offer or resort stay holiday, any extra information and conditions that apply to the late/special offer resort stay 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; on this website, directly over the telephone 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. As soon as you make any payment, you will also be provided with an ATOL certificate - see clause 18 “Your Financial Protection” for more details. 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 (or within 5 days for any error which affects your flight booking)). 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 £250 per person (or full payment if booking within eight 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 8 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. For flight inclusive bookings, all monies paid to your Travel Agent for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the Travel Agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the Travel Agent or subsequently paid by you to the Travel Agent will be held by the Travel Agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the Travel Agent to pay such monies to us. 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 or, if you make a flight booking by telephone, when we verbally confirm. 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 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 by telephone. We may then ask you to put your cancellation in writing to us, which can be done by either email or post. 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) 60 days or more before travel: Loss of deposit
b) between 42 - 59 days before travel: 60% or deposit if greater
c) 29 - 41 days before travel: 75% or deposit if greater
d) 15 - 28 days before travel: 90% or deposit if greater
d) Less than 15 days before departure: 100%
Important Note: Some arrangements, such as but not limited to a late/special offer or ‘Resort Stay Offer’, ‘Low Cost’ flight bookings, flight upgrades or flights with restrictive ticketing conditions, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. In some instances, specific hotel or other supplier booking conditions may also result in higher cancellation charges being applied to your booking, but we will inform you of these.
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. 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.
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 airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport 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 4 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 60 days: Nil
ii) 42 - 59 days: £20
iii) 29 - 41 days: £30
iv) 15 - 28 days: £40
v) 14 days or less: £50
(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, the Warsaw Convention as amended or unamended and the Montreal Convention 1999 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, 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. 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. ATOL PROTECTED - 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 an ATOL (number 6900) administered by the Civil Aviation Authority. When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform these obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The CAA can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350, e-mail email@example.com www.caa.co.uk
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
19. FLIGHTS AND FLIGHT TIMINGS
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en
We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm the flight timings or the airline which will be used in connection with your flight. The flight timings and airline shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your travel itinerary which will be despatched to you approximately 7 - 10 days before departure. You must accordingly check your itinerary very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after itineraries have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we / the carrier are unable to offer you a suitable alternative the provisions of clause 8 (Changes and cancellation by us) will apply.
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. Any airline concerned may be required to assist you in accordance with EC Regulation No 261/2004 - the Denied Boarding Regulations 2004 as referred to below . 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 (which includes the behaviour of any passenger(s) on a flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
21. DENIED BOARDING REGULATIONS AND FLIGHT DELAY COMPENSATION
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline yourself for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints service. See www.caa.co.uk/Passengers/Resolving-travel-problems for further details.
22. 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.