BOOKING YOUR SERVICE
Our aim is to provide the best service to suit your particular tastes, interests and budget. You can call us on +44 (0)1202 28 75 76 or email: email@example.com. We will listen, discuss, offer advice and arrange virtually any type of travel itinerary, however complex it might be and quote you a price for your chosen holiday before you book.
We like to bring to your attention that the Foreign Office from your country of residency and/or origin may have published country-specific (security) information and tips. As this advise may change we strongly advice that you at least check before booking with us and before going on holiday for any updates. (see also clause 4.1.)
The service, which we offer to you is defined as package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (unless the services you are requesting from us do not fall under this regulation) and you will therefore benefit from all EU rights applying to travel packages. We will be responsible for the proper performance of all travel services included in the package except for events as part of the trip e.g. Wimbledon The Championship, Goodwood Festival of Speed and Revival, Premier League football games, Opera performances (see clause 4.2.2.).
Where the context permits, reference to “you”, “your” and “yourself” in our booking proposal, booking confirmation, travel documentation and correspondence (email, letter) will include you and all members travelling on this booking. This also includes any individual(s) subsequently added or substituted at a later date. "We", "us" and "our" all refer to CARUS Travel Ltd.
We will communicate with you using the email address you have provided when sending us a booking enquiry through our website or have provided e.g. by phone or mail. In providing us with your email address and accepting e-mail communication in regards of your booking request/booking we assume you understand the risks associated with using this form of communication and that your email address is correct. We will use this email address to provide you e.g. with our booking proposal, booking confirmation, invoice, travel documents, e-tickets. Please note that you may still have to contact us via phone or in writing as required in our Terms and Conditions.
GENERAL INFORMATION - PRE-CONTRACT
Most of the accommodations we include in our booking proposal have a country specific official rating. However we would like to make you aware that a rating category in the country of your holiday destination may not fall into the same rating standard as in your country of residency/of origin. Usually we mention that the rating is a country specific rating.
1.2. Room for single travellers
Generally our accommodation suppliers don’t have any single rooms and if they have they may be quite small and the location not always comparable to that of a double room. Therefore we usually include a double room for single occupancy in our booking proposal – unless specifically asked otherwise -. As our suppliers usually do not reduce rates if a room is occupied by a single person the price in our booking proposal for a single traveller is higher than for 2 persons sharing one room.
1.3. Room early arrival/late check-out
Rooms are available in most circumstances between approximately 2 pm and 3pm, and are to be vacated between 10 am and 11 am. We will inform you about the specific times in our booking proposal. Some of our suppliers offer an early check in/late check out service for an extra charge whereas others may request an extra night price. If you would like to check in earlier and/or check out later please inform us of this wish and we will amend our booking proposal accordingly.
1.4. Building & Development Work
Unfortunately refurbishments/developments are sometimes carried out by our suppliers with little or no advance warning and can be also quite intensively. You can be assured that it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. However we have no control over such work. If we are informed or become aware of such refurbishments/developments which can reasonably be expected to have an effect on your holiday, we will endeavour to notify you of it as soon as possible, however near to your departure this may be.
Please note that some of our accommodation suppliers don’t have a lift. If you rely on one as stairs may be a problem for you, please ask us for more details before you book.
Generally our booking proposal includes accommodation with breakfast, which usually is a country specific breakfast and might therefore differ from what you will be served in your country of residency/origin. Please ask at the time of booking if this is important to you.
2.2 Pre booked meals
If our accommodation suppliers offer a dining facility and our booking proposal include pre booked meals (course set-menu) these will be usually served in the main restaurant. You may be able to ask for a credit from an included course set-menu to be used against a meal from an à la carte menu.
3. SPECIAL REQUESTS
If you have specific requests such as interconnecting, adjoining, non-smoking rooms, room location, twin or double bedded room, diet requirements or a particular facility, please notify us at the time you ask us to send you a holiday proposal or as soon as you become aware of them. However we need to be informed of such request not later than 56 days prior to your departure. If your booking with us is within 56 days of you departure we kindly ask you to inform us about your special requirements at the time of your booking request.
We will forward your request on to e.g. an accommodation supplier, hospitality package or other service provider but cannot guarantee in any case that it will be accommodated and will therefore not be liable if any special request is not met.
We recommend that you check directly with the supplier(s) such as hotel(s) or hospitality package provider(s) if any of your dietary requests we have passed on can be met once you have received your travel documentation. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.
4. CHILDREN TRAVELLING WITHOUT PARENTS
If children under the age of 18 are travelling without their parents, they will need to have written authority from their parents. This written authority has to be translated into the language of the country they are travelling to/from and notarised if necessary. We strongly advise you to check the specific requirements of the relevant country to which your children are travelling as you/they may be refused entry.
In holiday countries there are different restrictions from what age children can occupy a room alone without an adult. If children are travelling with you please advise us about their age when sending us an enquiry in order to give specific advise.
5. HEALTH REQUIREMENTS
In general our offers might be suitable if you have any disability/reduced mobility/special requirements as a result of a medical condition (including being confined to a wheelchair), which may affect your trip. If you have such circumstances please inform us about your requirements and we will verify if we can offer you a package with suits your needs.
Please note that we require full details in writing from you before we send you our booking proposal. You also have to inform us about any significant change in the condition or disability and advise us immediately if any medical condition or disability, which may affect your holiday develops after your booking has been confirmed.
For your own safety and in case you are part of a group for the comfort of the group as a whole, you must be fit enough to participate and have an able bodied carer to assist you throughout the trip.
6. WEATHER CONDITIONS
As the world climate is changing it becomes more unpredictable and unusual and/or bad weather conditions may occur. Please note that we can’t be held responsible for disruption of your holiday due to such weather conditions and therefore bad weather conditions don’t have any effect on the contract between you and us.
7. BOOKING ACCEPTANCE
It lies in our absolute discretion to refuse to accept any booking without necessarily specifying a reason.
1. CONTRACT BETWEEN YOU AND US
These Terms and Conditions, together with the relevant information set out in/on our
· (Website) Terms and Conditions,
· any applicable conditions,
· any other written information we brought to your attention before we confirmed your booking,
· any correspondence between you and us,
· additional Travel Information,
· any other terms we may agree with you from time to time
· international conventions in respect of hotel arrangements,
· international conventions or conditions of carriage of applicable Carriers and national and local railway bodies (where applicable referred to herein as ‘the Carrier’) for which see no. 18.104.22.168.,
form the basis of your contract with us.
Please note that the terms and conditions of our suppliers will form part of our contract with you as well as all services which make up your trip are provided by independent suppliers. Their terms and conditions can be usually found on their websites.On request we will provide you with copies of the relevant parts of these terms and conditions. As our suppliers provide their services in accordance with their own terms and conditions their terms and conditions in general shall take precedence over the exclusion of any documentation or communication from us. By proceeding with a booking you acknowledge that you have understood that not only our terms & conditions but also conditions of our suppliers apply.
If we are acting as an agent for another tour organizing company/tour operator we will inform you about this in our booking proposal. Please note that in such circumstances your contract will be with them however the relevant terms of our own booking terms & conditions will also apply.
A contract will come into existence between you and us on the date on which we send you our official Booking Confirmation (see 7. Basis of Sale).
1.1. GENERAL INFORMATION ABOUT THE CONTRACT
1.1.1. Party of the Contract
Only private individuals or companies, which are a party to the Contract, have any right under the Contracts (Rights of Third Parties) Act 1999 and therefore could enforce any term of the Contract or these Terms and Conditions.
1.1.2. Validity or Enforceability
The validity or enforceability of the remainder of these Terms and Conditions and the Contract shall continue in full force if any provision of these Terms and Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason.
1.1.3. Breach of Contract
If you breach the Contract or these Terms and Conditions no waiver by us of any breach of the Contract or these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
We are entitled to assign or subcontract any of its rights, benefits and interests in or under the Contract to third parties. Whereas you are not allowed under the Contract to assign, transfer, purport to assign or transfer to any other person any of its rights or subcontract any of its obligations while the contract is personal to you.
1.2. LEAD BOOKING NAME/PASSENGER
We will deal in general only with the lead booking passenger in all correspondence, e. g. booking proposal, booking confirmation, changes, amendments and cancellations, whether you book alone or as a group. By accepting our booking proposal, the Lead Passenger:
(a) confirms that he/she has been given the authority to bind all persons named on his/her booking to the contract;
(b) confirms that he/she has read (legally binding is the English version of our Terms & Conditions; translations are offered for convenience and serve the easier understanding for our (potential) clients) and understood these Terms and Conditions and agrees (for himself/herself and on behalf of each person named on his/her booking) to be bound by them;
· may include names and contact details, payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions.
· have to be passed on to the relevant suppliers and other third parties. We take appropriate measures, which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
(d) confirms he/she is 18 years of age or over
(e) confirms that he/she and all members of the party are of the appropriate age where placing an order for services with age restrictions.
If you do not agree, we cannot accept your booking.
All correspondence and other communications will be sent to the email address of the lead name on the Booking Confirmation (unless you specify otherwise).
Notices shall deemed to be served
· when sending an email and not having received a “Mail Delivery Failure” message
· 7 days after mailing if sent by mail, provided the postage is properly paid and such notice is correctly addressed to the respective party at the address made known by each party prior to entering into the Contract. If a party changes its address for notification purposes, then it shall give the other party written notice of the new address and the date on which it shall become effective.
· on delivery when delivered by hand,
1.4. MINIMUM NUMBERS OF PARTICIPANTS
In case we offer holiday packages, which require a minimum number of participants, we will indicate this on our webpage(s). We will inform you at least 56 days prior to the start date of the holiday package if the minimum number has been reached. If we haven’t been able to secure the minimum number we reserve the right to pass on any necessary increase of the tour costs due to a lower group number or to cancel the tour. In case the price increase will be more than 8 % you have the right to cancel your booking and we will refund you the already paid money.
Due to our above mentioned cancellation right we strongly advise you that
· you arrange your transport for your holiday destination only after you have received our confirmation that
o the minimum number of participants has been reached or
o there will be a price increase of less than 8 % due to the fact that the minimum number of participants haven’t been reached or
o you and all other participants have agreed to the necessary price increase of more than 8 % due to a failure in the minimum number of participants.
· if our offered holiday package includes only ground arrangements or if you arrange transport before receiving our confirmation that you book transport arrangements with a flexible rate in order to be able to cancel the transport without any costs.
1.5. Our CONTACT DETAIL WHILE ON HOLIDAY
Please ensure you take all your travel documentation, which we have provided you with on your trip as it contains our contact details should you need assistance whilst on holiday.
The following words shall have the following meanings in these Terms and Conditions:
· Contract: A Legally binding contract (= Booking Confirmation);
· Customer: Purchaser of the Holiday Package and/or, other Holiday Arrangements such as Hospitality Packages;
· Deposit: Deposit payable as detailed in our booking proposal or as otherwise notified by us in writing (e. g. Payment request, Invoice);
· Event: Event to which a Hospitality Package relates;
· Factsheet: Information concerning e. g. Hospitality Packages;
· “In writing”: means in written or electronic form
· Hospitality Package: May include without limitation a ticket to the Event together with catering at the Event within the facilities or in the vicinity of the Venue;
· Package(within the meaning of THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018): A package holiday is generally the combination of two or more different types of travel services which are combined for the purpose of the same trip. There are four types of travel service:
a. Carriage of passengers This includes e. g. flights, trains and coaches.
b. Accommodation It is important to note that accommodation that is intrinsically part of carriage of passengers is not in scope. For instance, a ticket on a sleeper train where the purpose is to get from A to B, and staying on board is a necessary part of that journey, would not constitute a package. Accommodation for residential purposes, including for long-term language courses, should not be considered as travel services.
c. Motor Vehicle Hire: This includes car and motorcycle hire.
d. Any other tourist service: These are services that are not intrinsically part of the carriage of passengers, accommodation or motor vehicle hire but make up a significant part of the package. Examples of other tourist services include admission to concerts, sports events, excursions or event parks, guided tours and rental of sports equipment such as skiing equipment, or spa treatments.
When only one of carriage of passengers, accommodation or motor vehicle hire services are combined with another tourist service’ this only leads to the creation of a package (or LTA) if the ‘other tourist service’ is either (regulation 2(6)):
a) Advertised as an essential feature of the combination, or;
b) Accounts for a significant proportion of the value of the combination.
· Price: The Price of the Holiday Package and/or Other Holiday Arrangements such as Hospitality Package detailed on our booking proposal, booking confirmation, invoice or as otherwise notified by us in writing;
· Proposal: Detailing our Holiday Package and/or other Holiday Arrangements such as a Hospitality Package
· Seller: CARUS Travel Ltd. which is registered in England under company number 07704220;
· Status: Confirmed means our supplier(s) has/have accepted your reservation from us, subject to the usual reservation conditions.
· Terms and Conditions:Standard terms and conditions of sale as set out in this document;
· Tickets: Means Tickets, Vouchers, Passes or Badges relating to e.g. accommodation, transfers, car rental, SPA treatments, Hospitality Package, Green Fees, Angling Permits, flight, train, ferry arrangements
· Venue: Location where the event is to be staged.
Where the context dictates in these Terms and Conditions, the singular shall include the plural and vice versa and any gender includes the other gender.
We strongly recommend that you and anyone travelling with you secure adequate travel insurance cover whenever you travel abroad. The insurance should be adequate for you and the needs of all persons travelling with you (e. g. “travel health, travel cancellation before and during the trip, travel luggage”). Please be aware that most travel insurances only cover future risks if they are booked within a few days of your holiday booking. If you already have an insurance policy, which covers multi travel holidays abroad, please check its validity and its content. We can’t accept responsibility for any loss that you or anyone travelling on your booking suffers if the individual isn’t adequately insured. As with all insurance policies, terms and conditions apply, so you need to make sure you’ve got the right policy for you. Any liability we may have to you (whether under our Booking Conditions or otherwise) shall not be increased as a result of your choice to travel without adequate insurance cover (see also clauses 14.12. and 15.3.4.).
4. TRAVEL ADVISE, TRAVEL DOCUMENTS AND TICKETS
4.1. TRAVEL ADVISE
a) We strongly recommend to check the advice issued by your own country’s ministry/office before making any booking which includes a travel abroad.
Your country’s foreign ministry/office may have issued a travel warning, when based on all relevant information it determines that their countrymen should avoid travel to or within a certain nation, after you have made a booking. We therefore advise you strongly to check this information shortly before departure.
We are not responsible if you travel without checking this information from your country’s foreign ministry/office and your country’s foreign ministry/office has issued a warning to travel to the destination you have booked a holiday with us.
It is further your responsibility to ensure that you have fully complied with all health and immunization requirements of the country (countries) you may be visiting.
b) We would like to remind you that you have the same responsibility for your personal safety and that of your possessions as you have at home. You should also keep in mind that health and safety standards in the country you are visiting may not have the same standard as in your country of residency/origin. Nevertheless e.g. our accommodation suppliers comply with local regulations applicable in their country but we strongly advise you to undertake reasonable precaution to protect you whilst on holiday.
c) Health facilities, hygiene and disease risk vary worldwide. You should take health advice about your specific needs as early as possible and ensure that vaccination to be fully effective by the date of travel in case any is recommended/required for your holiday destination. It is your responsibility to ensure you are aware of all recommended and required vaccinations and health precautions in good time before departure. Details should be available on your Foreign Office’s website from your country of residency/origin.
4.2. TRAVEL DOCUMENTS
4.2.1. Time of issue and validity
Your travel documentation will be issued after we have received full payment for your booking and after we have received them altogether from our suppliers but in general not later than 10 – 14 14 days prior to the booked services. Please note that the travel documents are valid only for the passenger(s) named and that you need to take all your booking documents with you on your trip.
4.2.2. Third party services
If we provide you with tickets to events (such as Wimbledon The Championships, opera performances, sporting events) we only provide third-party services and are therefore not liable for the implementation of the events. In case of failure and cancellation of an event we will only refund the amount, which we receive from our suppliers.
We cannot give any guarantee for related tickets or certain seats, but we will, of course, endeavour to fulfil your booking wishes.
During special events (e.g. Wimbledon) the card value and thus the actually paid card price may be higher by a multiple than the printed ticket price. In some cases the difference can be significant especially if extra costs are incurred in obtaining the tickets, such as advance booking fees, membership fees or if tickets are combined within a hospitality package. The replacement cost may depend on the market value of each event. The market value may be partly a multiple of the printed ticket price.
We will take great care to fulfil your booking request but cannot guarantee contiguous tickets or certain places.
4.2.3. Travel documents delivery
Unless you notify us otherwise, your travel documents will be sent to the email address you have given us. If you request a postal delivery we will post them to you at the address you have provided us. However we reserve the right in case of valuable tickets (such as opera tickets, football tickets, tickets including hospitality packages) to deposit them at your hotel or deliver them personally to your hotel while you are staying there.
4.3. RISK CONCERNING TICKETS
4.3.1. Risk of damage to or loss of tickets, etc. shall pass to you in case of tickets, etc.:
(a) to be delivered to your premises by us, when we leave our premises to make such delivery; or
(b) at the time of posting, if tickets, etc. are to be posted by us to you; or
(c) at the time of us handing tickets, etc. to a third party, if the tickets are to be delivered by a third party carrier; or
(d) are deposited at the hotel you are staying in.
4.3.2. Lost or damaged tickets/documents
Once the risk of damage to or loss of the tickets has passed to you in accordance with these Terms and Conditions we shall not be liable to replace any lost or damaged Tickets.
Carriage is subject to the terms and conditions of the carrier with whom you travel and to international conventions, which may limit liability. Transport timings and transport routings are provided by train and other carriers booked. Actual times (e. g. train) are on your tickets. They are local times based on the 24–hour system. We can’t guarantee the times on your booking confirmation won’t change. Accordingly the times of trains and other forms of transport are estimates and for guidance only and are subject to alteration and confirmation.
5.2. TRAVEL DELAYS FOR ARRANGED FLIGHTS/TRAINS BY YOU
As we generally don’t offer flight arrangements in our holiday packages please bear in mind that delays do regrettably happen and we regret that we are unable to offer you any assistance should a delay disrupt your itinerary. Any airline or other transport provider concerned may however provide refreshments and/or appropriate accommodation. Where flight delays result in late arrival at your destination, we are unable to give a refund on unused accommodation as rooms are held for delayed arrivals or missed events such as opera performances, concerts, football matches, Wimbledon.
5.3. SEAT ALLOCATION
The Carrier shall have the right to allocate seats as it thinks, and subject to these Terms and Conditions, to vary any bookings made in respect thereof. They therefore could transfer you from any booked seat to any alternative one. However such amendment needs to provide you with a seat in the class of accommodation you have booked.
5.4. TRANSFER WITH PRIVATE CHAUFFEUR SERVICE OR COACHES
All our Chauffeur/Coach service suppliers use their best endeavours to procure their service in accordance with Good Industry Practice and to all timings specified between them and us. However these timing are not of the essence of the Contract between them and us.
If you have booked a Chauffeur/Coach service as part of your holiday package all parking and toll charges incurred in the provision of services are generally included in your overall package price unless stated otherwise.
5.4.1. Passenger Numbers
22.214.171.124. Private Chauffeur service(s)
The maximum seating of the car/Minivan/Coach provided by our supplier(s) is determined by them and shall not be exceeded. In the event that you require more than 3 passengers to travel in a car/Minivan and you have not specified this at the time of booking of the service additional charges may be levied by our supplier for the provision of a larger vehicle or the carriage of additional people in excess of 3. In case such additional charges occur these have to be settled directly by you with the Chauffeur(s).
Our booking confirmation and/or booking documentation will state the legal seating capacity of the coach(es) and no passenger in excess of the seating capacity of the coach(es) will be carried. A child counts as a passenger.
5.4.2.Waiting time charges for private Chauffeur service(s)
If you ask the Chauffeur to stop on the way to or from a booked service and the Chauffeur has to wait for you while you e. g. visit a Garden, Castle additional costs accrue which are in general not included in our overall holiday package - unless mentioned otherwise - and therefore have to be settled directly by you with the Chauffeur(s). Our suppliers for private Chauffeur services usually calculate such additional charges on a 15 minutes basis.
Our suppliers reserve the right to change your vehicle or Chauffeur at any time if necessary
5.4.3. Departure times of Coache(s)
The coach will depart at times agreed between us and our supplier(s). it is the responsibility of you to account for all passengers at those times. If time changes should be arranged these could either be done by us or the lead passenger whose name we have provided to our supplier(s).
5.4.4. Operational hours
As operational hours are regulated by law you are responsible to ensure that the coach driver(s)/Chauffeurs keep to hours and times confirmed by us in our booking confirmation and/or booking documentation. Neither we, you nor any passenger shall delay or otherwise interrupt the journey in such a way, that the driver(s) is/are at risk of breaching regulations relating to driving hours. You will be responsible for any additional costs incurred - unless it is outside yours control - if any breach occur.
Please note that our suppliers operate a non-smoking policy in all cars/Minivans/Coaches provided.
No one other than the Chauffeur(s)/Coach Driver(s) are entitled to drive the provided cars/Minivans/Coach(es). In the event of any breakdown of the provided cars/Minivan/Coach(es) our supplier will use its best efforts to ensure that an alternative vehicle attends at the earliest opportunity to recommence the service.
It yours sole responsibility to ensure that any seat belt provided in the car(s)/Minivan(s)/Coach(es) is worn by you and all other person/s travelling with you. Our suppliers and we consequently exclude therefore any liability to you and all other person/s travelling with you attributable to any such failure.
The Chauffeur(s)/Coach Driver(s) will drive at safe and sensible speeds in accordance with road conditions, traffic and the legal speed limits and therefore shall not be bound to comply with your request to exceed speed limits.
Please note that some of your properties are carried entirely at your own risk our suppliers and we shall not be held responsible/liable for any loss/damage to such property.
Unless instructed otherwise by us at the time of booking the Chauffeur(s)/Coach Diver(s) will travel by the most appropriate route on the day of your service(s) whether or not it is actually the shortest route. Our supplier(s) shall not be held responsible for loss or inconvenience arising from the delays in journey durations attributable to traffic or weather conditions or a breakdown of another vehicle or otherwise.
5.4.7. Chauffeurs/Coach Drivers absolute discretion
Our suppliers and their Chauffeur(s)/Coach Driver(s) have the right to refuse to carry you and any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the Chauffeur(s)/Coach Driver(s), the car/Minivan/Coach or any other passenger(s). They also have the right to terminate a specific journey under such circumstances. Furthermore the Chauffeur(s)/Coach Driver(s) has/have the right to refuse carriage of luggage if in the Chauffeur’s/Coach Driver’s opinion the weight and volume of the same is excessive. You should therefore take necessary steps to notify us in advance of such requirements. Our suppliers will not be responsible for any damage to, or loss of personal property left in any car/Minivan/Coach, passenger areas or baggage compartments. Our suppliers will not accept any liability for damage or loss to any property entering or leaving the car(s)/Minivan(s)/Coach(es) whilst in motion.
All articles of lost property recovered from the vehicle will be held at our suppliers premises where the car(s)/Minivan(s)/Coach(es) is based.
The Lead Passenger (see no. 1.2.). has to give written notice if a booking needs to be cancelled. Should you and/or a member of your travelling party wish to alter, cancel a holiday and/or re-book an alternative this will be subject to the amendment and/or cancellation terms within these Terms and Conditions. The circumstances surrounding cancellations and refunds vary greatly. It is therefore important that you are fully aware of the cancellation and administrative charges relating to your contract with us. We may use our absolute discretion however to transfer some or all of any monies already paid by you to an alternative booking. If the alternative booking requires a greater payment then has already been paid then the balance between what is required and any monies already paid becomes due.
7. BASIS OF SALE
7.1. BOOKING PROPOSAL/PROPOSAL
As our website only include examples of possible holiday arrangements we can offer and all our holiday proposals are tailor made to your specific requests the price in our proposal may differ from the price you may see on our website (see no. 8).
The booking proposal we therefore may issue to you - detailing a Holiday Package and/or other Holiday arrangements (subject to availability at the time of booking) - include various services which you have requested. Please note that we reserve the right to increase or decrease and change any of the information in our booking proposal before your booking is confirmed and a contract comes into existence.
7.2. PROPOSAL ACCEPTANCE BY YOU
If you are happy with our proposal you have to let us know via email or posted confirmation that you like to accept our (email) written (latest) proposal. With this confirmation you are committed and legally bound as we may already purchase any parts of your holiday package after receiving your confirmation to secure some part/all parts of your holiday package, which may otherwise be not available any longer.
7.3. DEPOSIT PAYMENT
After you have sent us your acceptance of our (latest) proposal you have to pay us the applicable deposit or if booking within 84 days of the departure the full amount. The exact deposit amount will depend upon the services, which form part of your Holiday Package (see no. 9.) The required deposit will be shown in our booking proposal and the invoice which we send to you after we have received your acceptance. Deposits are not refundable unless we are unable to confirm your original booking request or in case of a major change (see no 13.).
7.4. DEPOSIT RECEIPT
After receiving the deposit, we will arrange/continue with arranging your Holiday Package and/or other Holiday Arrangements such as Hospitality Package. In case we aren’t able to secure all parts of your Holiday Package we will contact you and offer alternatives. If the alternative doesn’t suit you, we will refund you the deposit received by you. Otherwise we send you our Booking Confirmation.
7.5. BINDING CONTRACT
Please note that a “booking” is not accepted until we send you our booking confirmation and the date on our booking confirmation is the date of the binding contract.
It is important to check the details on the invoice and the booking confirmation when you get them. Please contact us immediately if any details seem to be incorrect or incomplete, as it may not be possible to make changes later.
The invoice and also the booking confirmation state the details of the due payment date(s) for any applicable balance to be paid.
7.5.1. Notification of inaccuracies of Booking Confirmation and/or Invoice
If any details in our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers) are wrong you must advise us within 5 days after sending you our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers). If your holiday starts less than 5 day after receiving our Booking Confirmation and/or Invoice (or any other travel document issued by us or our suppliers) you must inform us immediately. If we are not notified of any inaccuracies in the Booking Confirmation, Invoice and/or any travel document within 5 days or immediately if your arrival is in less than 5 days we cannot accept any liability for any inaccuracy for which we’re responsible after this time and this may harm your rights. 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.
7.5.2.No variation of the Contract shall be binding unless agreed in writing by us.
Any typographical, clerical or other error or omission in the Factsheet(s) or other sales literature, proposal, Booking Confirmation, invoice or other document or information issued by us and/or our suppliers shall be subject to correction without any liability on the part of us.
126.96.36.199 Pricing Error
We do our best to ensure that errors don’t occur, however, regrettably errors may occasionally occur. When we become aware of any such error we will inform you as soon as reasonably possible. If we have already confirmed your booking you will have the following choices:
· to continue with the chosen itinerary at the corrected price or
· amend to a different holiday or
· cancel the holiday package.
7.6. YOUR PEACE OF MIND
The Package Travel, Package Holidays and Package Tours Regulations 1992 and the EU Directive 2015/2302 on package travel and linked travel arrangements amending Regulation (EC) No 2006/2004 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency.
· Mutual Recognition: Compliant insolvency cover as outlined above acquired by UK established traders will be recognised across all EEA Member States as complying with the PTD 2015. In practice this will mean that a trader established in the UK will be able to sell to customers in other Member States, but only have to comply with the UK insolvency regime.
· Central Contact Point : To help the mutual recognition principle function, EEA States must designate central contact points. These central contact points facilitate administrative cooperation and supervision of organisers operating in different Member States in accordance with the mutual recognition principle on insolvency arrangements.
The CAA has been designated the lead central contact point for the UK. They will be able to draw upon their extensive experience and oversight within the sector to co-operate with contact points across Europe in the supervision of organisers operating in different Member States. Any non-flight cases reported to the CAA will be referred to BEIS.
The CAA contact point can be contacted at firstname.lastname@example.org.
In order to provide you with the required security we are a member of the Travel Trust Association (short TTA, Travel Trust Association, 2 Crown Square, Woking, Surrey, GU21 6HR; membership number U9905). We are obliged to maintain a high standard of service to you by TTA's Code of Conduct. All monies paid to us will be legally safeguarded by being held in Trust in a CARUS Travel Trust account, thus ensuring that in the very unlikely event of our insolvency money paid in respect of advance bookings (future travel) will be refunded in full. You can contact the TTA in the following ways:
· Telephone: 01483 545 780
· Fax: 01483 730 746
Please be aware that if you book arrangements other than a package holiday (e.g. accommodation only), the financial protection referred to above does not apply.
7.6.1. Trust Association
The Travel Trust Association is a travel trade association. Their members consist of travel agents, tour operators and travel organisers.It exists in order to protect you with 100% financial protection and has been doing so for over 20 years. The Travel Trust Association will protect you in the unlikely event of us becoming insolvent.Should we for any reason financially fail or cease trading, the Travel Trust Association will liaise with our suppliers to ensure that your holiday goes ahead unaffected. If for any reason this is not possible, the Travel Trust Association will administer a claim for a refund of money that you have paid to us for your holiday.
7.6.2. Financial Protection
Your holiday package price needs to be deposited into our Trust Account. A Trust Account is a bank account designated to hold your money.Your money remains in the Trust Account and is supervised by an appointed trustee who is either a banker, chartered or certified accountant or a solicitor. Both we and the trustee are required to authorise payments from the trust account.
In addition to hold your money in trust, you also have a financial guarantee from the Travel Trust Association.TTA will guarantee our financial obligation up to a maximum of GBP 11,000 for any one passenger. So if you paid e. g. GBP 2,000 the Travel Trust Association guarantees that it will reimburse the loss of the GBP 2,000, where it is not available for you from the Trust Account.
Therefore, the Trust Account plus the guarantee will ensure that all the money which you have paid is safely protected and available to reimburse the money paid. When you make a booking, you will be supplied with a guarantee certificate – you can see the terms of the guarantee on the website www.traveltrust.co.uk/guarantee.
Should we become insolvent, in most instances your money will still be held within our Trust Account by the designated Trustee, and available to pay for your holiday. If because of fraud or dishonesty the money is not there, then the guarantee is available to reimburse your loss. In some cases your holiday may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance your holiday will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
8. PRICING POLICY
As we tailor made the holiday packages for you the “from” prices shown on our webpages are only an indication of the lowest price available – at the time of publishing - for the accommodation or itinerary featured and may vary as a result of a number of factors. Such factors are e.g. date of travel, choice of accommodation, airport transfer. All prices are quoted in GBP Sterling or EURO and we will always make clear what is included within the quoted price. We are under no obligation to give a breakdown of the costs involved in a holiday package.
8.1.1.We reserve the right to increase the price of your holiday package after you have booked at all times but no later than 20 days before the start of your holiday – see the following points -. We will forward an Amendment Invoice reflecting any changes made and also provide you with an explanation and calculation of the increase calculation which may also include any administration charge.
8.1.2. General reasons for price increases
After a Booking Confirmation has been sent to you, any increase to your holiday package price will be as a result of changes in our costs of supplying your holiday resulting from any government action such as:
· increase in VAT or
· any other Government imposed increases and
· to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or transportation charges (e.g. fuel, any other cost changes which are part of the contracts of our suppliers with e.g. train haulage providers, rail track access providers, ship operators and any other transport providers).
· the exchange rates relevant to your package.
· any cost incurred by us from our suppliers without fault of us or our suppliers since the issue of the Fact Sheet and/or Booking Confirmation.
8.1.3. Variation of price increases:
· Small price increase: An amount equivalent to 2 % of the price of your travel arrangements will be absorbed or retained.
· Larger price increase: For larger variations the above mentioned 2 % will still be absorbed for increases but not retained from refunds. If you have to pay an increase of more than 8 % of the price of your travel arrangements the increase will be considered a Major Change as described in no. 13. (you find here your rights in this case as well). Please note that you must exercise your right within 14 days from the issue date printed on your final/amendment invoice.
· Price reduction: If any change in our costs (resulting from actions as described under 8.1.2.) would cause a reduction in your holiday price, we will not make refunds of amounts less than 2 % of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2 %. However we reserve the right to deduct any administrative expenses from such refund.
9. DEPOSIT AND BALANCE PAYMENTS
9.1. STANDARD DEPOSIT
The following gives a guide to the standard deposit amounts:
· 20% of the cost of your arrangements (= deposit) is payable by you by accepting our booking proposal.
· Balance of 80% (including any applicable surcharge) is due 84 days before the start of your holiday.If your booking is made less than 85 days before the start of your holiday, you will be required to pay the entire cost of your arrangements at the time of your booking.
9.2. HIGHER DEPOSIT
Please note your booking deposit may be increased or there may be a charge payable for some parts of the services included in your Holiday Package in order to secure specific facilities with full payment at the time of booking e.g. Hospitality Tickets, Opera- or Sport-Tickets, non-refundable room rates.
9.3. DEPOSIT DUE DATE
The Deposit shall be paid within 7 days after you have accepted our (e-mail) written proposal. However, we highly recommend you pay the deposit as soon as possible due to our proposal is subject to availability of all facilities, which make up your holiday package at the time of receipt of your deposit payment.
9.4. NONREFUNDABLE DEPOSIT
Once we have confirmed your booking, the booking deposit and additional charges paid will not be refunded in the event of cancellation except in the circumstances specified in no. 13. – Major changes or as otherwise required by law.
9.5. BALANCE PAYMENT
In our Booking Confirmation/Invoice sent to you, you will find further information relevant to your booked holiday, e. g. outstanding balance and when this payment is due and maybe any surcharges (if applicable). The balance is – unless otherwise agreed before confirmation of the booking through us – due at least 84 days before commence of your holiday.
9.6. OVERDUE DEPOSIT/BALANCE PAYMENT
If we do not receive the deposit and/or balance in full and on time (in cleared funds), we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in no. 12. will become payable and/or take legal action against you for all outstanding payments.
10. ALTERATION, CANCELLATION OR FAILURE OF PAYMENT BY YOU
10.1. GENERAL STATEMENT
In the event that you or any member of your travelling party wishes to alter or cancel any part of the booking after our Booking Confirmation has been sent out to you we must be notified immediately in writing by the Lead passenger (see no. 1.2.). Whilst we will try to assist, we cannot guarantee that we will be able to make your requested change. Where a part cancellation is made, it may increase the costs of the holiday for those people who still wish to travel.
10.2. ALTERATION BY YOU
10.2.1. Alteration prior to final payment by You
If you wish to alter an element of your holiday package prior to your final payment (such as changing to a different hotel or changing a name in your booking) or make a cancellation (such as an optional extra you have booked) we will do our best to make the change for you. The alteration is subject to our amendment charges shown below (see no. 11.) as well as to all communication charges or other costs incurred by us as a result of the change. You must also pay any costs and charges incurred or imposed by any of our suppliers in making the requested change. These charges will be payable whether or not we succeed in confirming your requested amendment. Please note that these costs could increase the closer to the start date of your holiday changes are requested/made.
10.2.2. Recalculation of holiday package price
Some facilities such as hotel rooms or transfer services (private Chauffeur-Service, Taxis or Buses) are priced according to the number of people staying and/or using the service. We will recalculate your booking cost based on the new number of people traveling if your booking changes because someone in your party has cancelled. Please note that if fewer people sharing the accommodation (especially amended from room double occupancy to single occupancy) and/or use of any transfer service and/or other facilities the price for the Holiday Package for the remaining travelling party may/will go up.
10.2.3. Multiple alteration by You
We reserve the right to treat your alterations as a different Holiday Package if you make multiple alterations. Changes within 30 days of departure may also be treated as a different Holiday Package. Cancelation charges will apply accordingly (see no. 12).
10.2.4. Alteration by You after issuing of any tickets
Once tickets have been issued, and sometimes even before they have been issued, any changes made to the ticket(s), including names or initials, could result in you having to pay for the cancelled ticket(s) and buy a new ticket(s) at full cost.
10.2.5. Alterations in regards of transport providers
Transport providers (usually not Private Chauffeur service suppliers and Bus companies) normally regard name changes and date changes/time changes as a cancellation and rebooking, and any alteration may incur a 100 % cancellation charge in respect of the fare. These charges will be passed on to you.
10.2.6. Alterations in regards of other service providers
Some other service providers regarding name changes and date changes as a cancellation and rebooking and any alteration may incur a 100% cancellation charge in respect of the service, if the booking of this service states this as a prerequisite. We will make you aware of such terms when sending you our booking proposal and booking confirmation.
10.2.7. Unable to assist You
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you in which case a cancellation charge will be payable (see no. 12).
Note: Certain arrangements may not be able to be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
10.2.8. Price of new Holiday Package
The price of your new Holiday Package will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your travel arrangements/Holiday Package.
10.2.9. Alteration by you after final payment
If you wish to alter an element of your holiday after final payment (such as changing to a different hotel or changing a name in your booking) or make a cancellation (such as an optional extra you have booked) we will do our best to make the change for you. The alteration is subject to our amendment charges shown below (see no. 11.) as well as to all communication charges or other costs incurred by us as a result of the change. You must also pay any costs and charges incurred or imposed by any of our suppliers in making the change requested. These charges will be payable whether or not we succeed in confirming your requested amendment. Please note that these costs could increase the closer to the start date of your holiday changes are requested/made. In accordance with our cancellation conditions (see 12.) we reserve the right to keep a possible refund from our suppliers.
· If you cancel your booking with us after we have agreed that you can change your booking to a booking of lower value, we reserve the right to levy cancellation charges. Please note that under such circumstances these will be calculated on the value of the original booking.
· Please note that without our formally consent it will not be possible for you to make any changes within 30 days of your scheduled arrival date (except for transfer of a booking, see 10.3.).
· Please note that some inclusions of your package such as tickets for e. g. sport and cultural events, Hospitality Packages such as Wimbledon or Goodwood Festival of Speed or Revival may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
10.3. TRANSFER OF HOLIDAY OR CANCELLATION BY YOU
10.3.1. Transfer of holiday by You
10.3.1.1.If you decide to cancel a booking (in respect of which we have sent you a Booking Confirmation) you have the following options:
A person(s) may transfer their place to someone else (introduced by you) if this person is prevented from travelling as a result of an unforeseeable event (e.g. illness, death of a close relative) provided we are notified not less than 20 days before departure. The Lead Passenger will need to give the confirmations and representations set out in section 1.2. If the Lead Passenger is transferring his/her place to someone else a new Lead Passenger needs to accept the transfer and the terms of our contract. You have to pay an amendment fee in accordance with the table below (see no. 11.) and meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers (see also 10.2.).
(b) Unable to find a replacement
If you are unable to find a replacement, the Lead Passenger must notify us in writing of the cancellation of that person. Your notice of cancellation will only take effect when
(1) in the case of post, the notice is received in writing by us at our office at CARUS Travel Ltd., 2 South Pines, 2a Brownsea Road, Poole, BH13 7QP, UK. We recommend that you use recorded delivery or
(2) in the case of e-mail, you receive a reply from us acknowledging receipt of your e-mail sent to email@example.com.
10.3.1.2. Notification of consent
We reserve the right to request a notification of consent from each member of the party in respect of whom the cancellation is made.
10.3.1.3. Joint liability of parties involved in transfer
Both parties involved in the transfer accept that they shall remain jointly liable and responsible for the additional costs involved (including the administration charge in accordance with no.11. and maybe 12.). This will be added to the new Invoice.
10.3.1.4. Refuse of transfer by suppliers
Please note that some supplier(s) may refuse such request and treat the transfer as a cancellation and re-booking.
10.3.2. Cancelation of holiday by You
10.3.2.1.If you give us notice in writing of your intention to cancel your Holiday Package and/or other Holiday Arrangements such as a Hospitality Package or you fail to pay the Deposit/Balance in full after accepting our Booking Proposal/by the due date detailed on the Proposal and Booking Confirmation/Invoice we shall be entitled to cancel the Contract and suspend provision of your Holiday Package and/or Other Holiday Arrangements such as a Hospitality Package. This cancellation by us is without prejudice to any other right or remedy available to us. Cancellation will take effect from the day we are notified provided that written confirmation - in case you inform us by telephone of your intend to cancel - is received by us within 24-hours of the original notification.
10.3.2.2.You should expect to receive a Cancellation Invoice from us once we have received your notice of cancellation. A cancellation invoice will be sent to you usually within 14 days. If you do not receive this please contact us immediately.
The result of your cancellation may be that we are not able to resell the cancelled travel arrangements. You therefore have to compensate us for this risk and to cover the cost of processing your cancellation in way of paying the cancellation charges on the scale shown below (see no.12). The size of the charge depends on when we receive your notification – the more notice you give, the less we will charge. The lead passenger is responsible for paying this charge. However all persons whose names have been provided by The Lead Passenger are liable for the payment of the cancellation charge.
10.3.2.3.Please note, if only some members of your party cancel we will recalculate the holiday cost for the remaining travellers in addition to incurring the applicable cancellation charges. The remaining group members may have to pay e. g. extra room charges such as single room supplements.
10.3.2.4.Please note that, in the case of cancellation after receipt of documents, general no refund will be given (unless unused tickets/Vouchers are returned to us).
10.3.3. Unused services after the start of the holiday
If you ask us to cancel/amend any services booked as part of your holiday while being already on holiday we will do our best to fulfil your request but we cannot guarantee this will be possible. Please note that you will be liable for any cancellation charges that our suppliers may levy for the services originally booked and also for the cost of booking amended arrangements in addition to the arrangements themselves. We cannot guarantee refunds will be paid to you.
11. AMENDMENT/ALTERATION ADMINISTRATION CHARGE IN CASE OF AMENDMENTS/ ALTERATIONS BY YOU
We reserve the right to levy an administration charge of up to GBP 100 for each amendment made to the original booking at the request of you without a cancellation. In addition to our amendment fee you have to pay the costs and charges incurred or imposed by any of our suppliers.
12. CANCELLATION CHARGES IN CASE OF CANCELLATION BY YOU
These charges are based on how many days before your booked start of your holiday is due we receive your cancellation notice. These charges are a percentage of the total price of your booking. In the event of a re-booking this may be changed.
Period (in days) before departure when written cancellation notice of the confirmed booking is received by us. Cancellation Fee is expressed as a % of the total booking price*.
84 days and more Loss of deposit
83 - 70 days 30%
69 - 56 days 50%
55 - 42 days 70%
41 – 28 days 80%
27 - 14 days 90%
13 - 0 days 100%
For certain travel arrangements and many scheduled transport providers the cancellation charge may be higher than shown above. In certain circumstances a 100% cancellation charge applies as soon as the booking is made. We will provide you with full details of cancellation charges at the time of booking if you are requesting these.
* Where the standard deposit is increased to secure specific facilities (e. g. hospitality packages, opera or sport-tickets)or an additional payment has been necessary to made for e. g. tickets/services, transport then the scale of charges shown will be calculated based on a % of the cost of all other arrangements and the costs to secure specific facilities or additional payments will be added to that cancellation charge to give the total charge (e. g. cancellation 35 days before departure; total booking costs GBP 1,000– costs to secure specific facilities GBP 300 = GBP 700 - basis for booking costs to calculate the cancellation charge on the %-basis-; 70 % from GBP 700 = GBP 490; total cancellation charge GBP 490 + GBP 300 = GBP 790).
We will apply any monies you have already paid to us towards settling any cancellation charge(s). We will refund the balance if your payments exceed the sum due.
If the performance of your package is significantly affected by unavoidable and extraordinary circumstances you may cancel your booking without paying cancellation charges. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund.
We highly recommend that you check your insurance policy to see if you are covered for cancellation charges.
13. ALTERATION/CHANGE OR CANCELLATION BY US
13.1. Alteration/Change by Us
13.1.1. Our suppliers and we make every effort to operate all services as stated in the Booking Confirmation and Invoice. However, please note that we have no direct control over our suppliers. On rare occasions our suppliers have to make changes after the booking has been made so that we need to make the same changes towards your booking. We reserve the right to do this at any time. Most changes are “Minor” however sometimes we have to make a “Major” Change to your holiday arrangements.
13.1.2. “Minor” change before departure by us
188.8.131.52. We will try to inform you about such changes before you go on holiday, however we are not obliged to do so. Therefore, no compensation is payable. An example of minor changes includes changes of accommodation to another of the same standard.
184.108.40.206. If you have booked a Hospitality Package every reasonable effort will be made to ensure that the Hospitality Package is in accordance with the details as set out in your Booking Confirmation/Invoice respectively attachments. Nevertheless we reserve the right in our absolute discretion to make any changes to a booked Hospitality Package - in accordance with changes initiate from our supplier or venue host - which do not in the opinion of our supplier and/or venue host and in our opinion materially affect the quality of the Hospitality Package.
13.1.3. „Major“ Change before departure by us
A “Major” Change includes (but is not limited to):
(a) a change to a lower standard accommodation/lower official classification for the whole or major part of your holiday,
(b) an increase of more than 8% of the price of your travel arrangements,
(c) any material change to the Hospitality Package from our supplier(s) or venue host(s) if this package is the main reason you have bought a holiday package/arrangement from us,
(d) a cancellation of the entire booking,
(e) if the applicable train (or suitable alternative train) is not being available (in the case of carriage by train),
(f) departure date change (in case transfers to/from your holiday destination is included in our holiday package),
A“Major” Changes does not include
(a) any changes to the route and/or stopping points (unless the change amounts to a circumstance within (a) – (e) above,
(b) a substitution of diesel or electric traction in the case of booked steam haulage journeys,
(c) non-availability of particular dishes, or
(d) substituted excursions (for example because a particular attraction is closed),
If there is a “Major” Change for any reason other than “Force Majeure” (events beyond our control) before your start of your holiday and after we have confirmed your holiday booking we will make every reasonable effort to inform you as soon as we can and offer you the following options:
220.127.116.11. Options for you in case of a “Major” Change before departure by Us
18.104.22.168.1. You will have the choice of either
(a) accept the change of arrangements, or
(b) accept an offer of alternative travel arrangements of equivalent or closely similar standard from us if available, or
(c) cancel your holiday and receiving a full refund of all monies paid (excluding any amendment charges paid by you before our cancellation)
22.214.171.124.1.1. Should you choose the alternative travel arrangements the Terms and Conditions of your holiday will not change and these Terms and Conditions will still apply to your booking.
126.96.36.199.1.2.You must pay the difference if you choose another vacation, which is more expensive, but if it is cheaper, we will make the appropriate refund.
188.8.131.52.2.In all cases, except where the “Major” Change arises due to reasons of “Force Majeure” (events beyond our control) we will pay compensation as detailed below (see no. 13.1.4). This standard payment will not affect your statutory or other legal rights.
13.1.4. “Major” Change After the Start of Your Holiday by Us
184.108.40.206.In the unlikely event that after departure we are unable to provide a significant proportion of the services you have booked, we will
(a) make alternative arrangements for you at no extra charge and
(b) if appropriate pay you compensation.
220.127.116.11. If we are forced by “Force Majeure” as defined in no. 16. to change or terminate your arrangements after departure, we are not responsible for making any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
13.1.5. Compensation in case of “Major” Changes by Us
If we make a “Major” Change or cancel less than 85 days before departure, we will pay reasonable compensation. Any compensation payable will be based on how many days before your booked start of your holiday we inform you of a “Major” Change.
Period before the start of your holiday when a major change is notified and compensation payable per person
85 days and more 0
84 - 63 days GBP 20
62 - 42 days GBP 30
41 - 22 days GBP 40
21 – 0 days GBP 50
Our offer of any of the above shall constitute your sole remedy against us in respect of a “Major” Change (including without limitation, cancellation) before the start of your holiday.
13.2. No payment of compensation by Us
We will not pay you compensation where
(a) We cancel as a result of your failure to make full payment on time or
(b) the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you or
(c) we make any change other than a Major Change or
(d) we make a “Major” Change or cancel 85 days or more before the start of your holiday or
(e) in the event that we are forced to make a change or cancel as a result of “Force Majeure” as defined in no. 16. or
(f) in the event of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
(g) in the event that our suppliers have to cancel your arrangements because the minimum number of people necessary for the arrangements to operate has not been reached. In such events, we will notify you of cancellation for that reason as soon as we get this information from our supplier.
The options for you by alteration or cancellation by us (see no. 18.104.22.168.1.) will not be available in cases of a) - c).
Cancellation from us should not happen and we therefore do everything to avoid this. However, we have to reserve the right to do so. Usually we only cancel as a result of a “Force Majeure ” (see no. 16.) after you have made full payment ora lack of minimum numbers (see no. 1.4) of participants of a group booking required for a particular holiday. Notification of the later will be provided not later than 56 days prior to arrival.However we also reserve the right to cancel under the following clauses:
13.3.1. Cancellation for any reason by Us
We reserve the right in any circumstances to cancel your vacation for any reason. If we are obliged to cancel your vacation in any circumstances other than your failure to pay any monies due to us, we will
(a) offer alternative arrangements of equivalent or very closely similar standard and price, if available or
(b) provide travel arrangements of a lower standard and a refund of the difference in price or
(c) will give you a full and prompt refund of all monies paid.
Should you choose the alternative arrangement offer the Terms and Conditions of your holiday will not change and these Terms and Conditions will still apply to your booking. In all three cases, we will pay you compensation as detailed in no. 13.1.5.
13.3.2. Cancellation of Events by others than Us
Should an event such as Wimbledon be cancelled or postponed other than by us (e. g. our suppliers, venue host) we will endeavour to obtain the highest value refund for you. However, you are strongly advised to adequately insure yourself against cancellation or postponement of an event, which forms part of your holiday package (see also clause 15.2.4.).
13.3.3. Cancellation/Amendments due to “force majeure” (see no. 16) while being on holiday
Such cancellation (or amendment) is most unlikely however if such occasion occurs we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result of our cancellation. Please ensure you have adequate travel insurance in place to cover any such eventuality.
14. CUSTOMER RESPONSIBILITIES
14.1. Accuracy of personal details
You (lead name on the booking; see no. 1.2.) are responsible for ensuring the accuracy of the personal details or any other information supplied. This includes details in respect of yourself and any other person travelling on the booking.
14.2. Checking of details on the Invoice, Booking Confirmation and Travel Documentation
It is important for you to check the details on the Invoice, Booking Confirmation and Travel Documentation as soon as you receive it/them. The names and titles shown on your Booking Confirmation, Invoice, tickets etc. have to match exactly with names and titles as they appear in the passport or identity card of all the people who are travelling. In the event of any discrepancy please contact us immediately as you may e.g. be denied access to a venue such as The Championship in Wimbledon. We cannot accept liability for any inaccuracies that are not brought to our attention within 5 days of issuing your Booking Confirmation/Travel Documentation, nor can we accept responsibility for inaccurate information that you have supplied. In case your holiday start less than 5 days after you have received the Booking Confirmation/Travel Documentation you have to inform us immediately. A minimum amendment charge of GBP 25 per correction will apply in case the correction is a result of inaccurate information supplied by you.
14.3. Passing on of any information
You are responsible for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
14.4. Travel Documents
14.4.1. You and all members of your travelling party must be in possession of a valid travel document before boarding the applicable flight/train/ferry.
14.4.2. Travel documents are only valid for the dates and for use only between the points of departure and destination and by the route or routes shown on the travel document.
14.4.3. Travel documents are not transferable (other than as expressly permitted by these Terms and Conditions).
14.4.4. Travel documents bearing unauthorised alterations are not valid for travel. Travel documents remain our property and if you fail in any material respect to comply with any condition (including but not limited to these Terms and Conditions) governing its use, your travel document(s) may be withdrawn or invalidated by our staff or agents or the staff and agents of our supplier(s) and you may be required to pay the full fare (again).
14.4.5.There may be an administration charge for replacing any lost or damaged travel documents and we will give no credit or refunds for lost, mislaid or destroyed travel documents.
14.5. Passport, Visa and Immigration Requirements and Health Formalities
14.5.1. It is your responsibility to check and fulfil passport, visa, health (including vaccinations) and immigration requirements applicable to your itinerary. We can only provide general information about such requirements. Most countries now require passports to be valid for at least six months after your return date. You must check the requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
14.5.2. If you are a national of an EU country and your trip includes a trip to another EU country you are advised to obtain a European Health Insurance Card (‘EHIC’) prior to departure.
14.5.3. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities and you will not be entitled to any refund in respect of any unused services and you will be deemed to have cancelled your holiday and have to pay the cancellation charges (see no. 11.). You agree to reimburse us on demand in relation to any fines or other losses, which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
14.5.4.No visas are (currently) required for EU Nationals to visit the UK.
14.6. Arrival on time for transfers
It is your responsibility and of all members of your travelling party to arrive on time for transfers. We cannot accept responsibility for you missing e.g. trains/ferries/coaches as a result of late check-ins and we will not be responsible for any loss or delay to your journey arising from any failure by you to comply with this section and section 14.7. and no credit or refunds will be given if you fail to take up any component of your holiday. If you miss the train/ferry/coach or are refused boarding, you will be treated as if you had cancelled without notice (and the cancellation charges at (see no. 12. will apply).
14.7. Boarding, Alighting or Changing of trains/ferries
When alighting or changing trains/ferries during your journey you should make sure that:
(a) you board the correct train/ferry;
(b) if appropriate, you travel in the correct part of the train/ferry;
(c) you alight from the train/ferry at the correct destination, including any destination where you need to change onto another train/ferry;
(d) you keep your possessions with you at all times (other than luggage which has been checked–in);
(e) promptly following arrival at any destination, you alight the train/ferry and (if applicable) remove all luggage.
If you require assistance to board/alight a train/ferry, you must please advise us not less than 30 days before the start of your holiday so that arrangements can be made. In case your holiday starts less than 30 days after you have received the Booking Confirmation/Travel Documentation you have to inform us immediately.
14.9. Disabilities and Medical Conditions
14.9.1.If you or any member of your travelling party has any medical condition or disability which may affect your trip, please provide us with full details at least before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements.
14.9.2.If we are unable to appropriately accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we have the right to cancel it and impose applicable cancellation charges (see no. 12.) when we become aware of these details.
14.9.3.If your fitness to travel may be in doubt as a result of recent illness, surgery, injury, medical treatment or an existing medical condition which may require treatment or assistance (including but not limited to additional oxygen, wheelchairs, assistance to use the bathrooms, assistance to get in or out of bed, medication administered via a needle other than well-managed diabetes) you must
(a) provide us with an up-to-date certificate from your doctor no later than 7 days prior to departure certifying that you are fit to travel (in case your holiday starts less than 7 days after you have received the Booking Confirmation/Travel Documentation you have to inform us immediately) and
(b) be accompanied by another passenger at least when you travel on special trains for UK day or overnight trips who is able to provide you with all the appropriate assistance you may need (the staff of our suppliers cannot provide such assistance).
14.9.4.Our suppliers may refuse to provide the booked service (and no refund or compensation shall be paid to you) if you have not provided the applicable certificate and/or are not accompanied by a suitable passenger.
14.10. Property for use
Trolleys and other equipment available for passenger use at airports, railway stations, ports and hotels are not our property and consequently you use such equipment entirely at your own risk.
14.11. Venue Conditions
14.11.1. You are responsible for any member of your party and/or your guests. Therefore you will procure that any member of your party and/or your guests comply with these Terms and Conditions (where relevant) and with any rules, regulations and directions set down by us or our suppliers, the Event organiser and/or the Venue owner including, without limitation, any and all conditions of sale applicable to Tickets/Hospitality Packages.
14.11.2. You will not resell or pledge or otherwise transfer or charge by way of security for any indebtedness any part of a Hospitality Package.
14.11.3. You will not use any or part of a Hospitality Package (including, for the avoidance of doubt, any Tickets) as prizes in competitions, sweepstakes, raffles, draws or for other similar commercial, promotional or charitable purposes without our and/or our suppliers prior written consent.
14.11.4. You will not display any signage, promotional material or other such items anywhere at the Venue without our and/or our suppliers prior written consent.
14.11.5. You shall be responsible for ensuring the good and orderly behaviour of any member of your party and/or your guests whilst at the Venue. You shall ensure that any person behaving in an unruly or abusive manner shall leave the Venue if requested to do so by us, our supplier and/or the authorised staff of the Event organiser or the Venue.
14.11.6. Neither our suppliers nor we accept any responsibility for personal possessions brought into the Venue by you or any member of your party and/or your guests.
14.12. Personal items/Lose of any personal items
We strongly recommend that valuables (for security reasons) should be kept to a minimum and packed in your hand luggage along with e.g. your medicine. We like to remind you that it is your responsibility to look after your property at all times and to ensure you are adequately covered by comprehensive insurance (see clause no.15.3.4). If you lose any personal items whilst on your holiday please obtain a written report from the police, which will help you with any insurance claim upon your return.
14.13. Dress code
Some of our suppliers are expecting that you and all members of your travelling party will be appropriately dressed (as advised in our booking proposal and/or Booking Confirmation and/or Booking Documentation). We, our supplier and/or Venue Host therefore reserve the right to refuse admission to any person wearing inappropriate items of clothing and/or footwear or to require any such person to leave the Venue. Specific advice in relation to dress code will be included in the booking proposal and/or in the Booking Confirmation and/or Booking documentation sent to you.
You must behave in a reasonable and responsible manner to other people that you meet in the course of your travel arrangements. So if in our reasonable opinion or that of e. g. any hotel staff, tour guide, chauffeur, supplier of services or other person in authority, your behaviour (or any articles carried by you) is causing
· danger or
· damage to property or
· persistently affecting the enjoyment of others or
· that you are suffering from a contagious disease, or
· to cause a delay or
· diversion to transportation or
· violation of any applicable law or
we or the applicable supplier reserve the right to terminate your vacation immediately. In the event of such termination our liability to you will cease and you may without prior notice be refused boarding or be required to leave e. g. the ferry, train, accommodation, event venue or other service immediately which forms part of your booking with us. We (and the supplier or Carrier in question) will have no further obligations to you. In any of these circumstances no refunds or compensation will be paid to you and you may also be required to pay for loss and/or damage caused by your actions and we will hold each member of your party jointly and individually liable for any damage or losses caused by you. Such payments may have to be paid locally. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Criminal proceedings may also be instigated.
14.15. Inherent risks in some activities
Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.
14.16. Prerequisite for claims against Us
It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
14.17. Refuse to accept you as a Customer
We also reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is
towards us or any other person on the telephone, in writing or in person or we believe it causes unnecessary inconvenience.
15. OUR WARRANTIES & LIABILITIES
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out at no. 18. in these Terms and Conditions.
15.1. General Warranties from Us
15.1.1. We will arrange for you to receive the services that make up the holiday that you choose and that we confirm using reasonable skill and care. The services included in your holiday package will be provided either directly by us or through independent suppliers. We will be responsible if our employees, suppliers or servants fail to perform your arrangements if they are not using reasonable skill and care. We apply reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards and therefore use reputable business. If we, our employees, suppliers or servants fail to perform your trip using reasonable skill and care, taking into consideration all relevant factors (for example following the complaints procedure as described in these Terms and Conditions and the extent to which our or our employees’, servants’ or suppliers’ acts or omissions affected the overall enjoyment of your trip), we will (subject to these Terms and Conditions) pay you reasonable compensation, unless this is due to reasons beyond our control (see no. 16. “Force Majeure – events out of our control”).
15.1.2. The services and facilities included in your trip will be deemed to have been provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.
We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by reputable businesses and that the descriptions, information and opinions given on our websites in respect of our suppliers whose services are used are given in good faith, based on the latest information available at the time of publication.
15.1.3. Approximately 14 – 10 days prior to the departure we will email the travel documents (e. g. e-tickets, accommodation voucher, transfer voucher) to the lead passenger. However they will not be released until we have received full payment. Please note that some of our suppliers don’t issue any vouchers. We will point this out in the travel documentation you receive from us. Please note that we reserve the right not to email or send you any valuable tickets (e. g. opera/sport tickets or tickets within hospitality packages) via post but to deliver them personally or deposit them at your hotel or at the venue of the event. We will inform you in your travel documentation accordingly. With regards to Risk of tickets see 4.3.
15.2. Our liability for Events/Hospitality Tickets
15.2.1. Control over the Event or the Venue
Neither our suppliers nor we (if the service has not been purchased directly from the Event-Organisation) have control over the running of Events (e. g. The Championship in Wimbledon) or the Venue and therefore neither we nor our supplier (if the service has not been purchased directly from the Event-Organisation) give warranty and make representation that the Event shall take place.
a) If an Event is cancelled or rescheduled we will inform you as soon as we become aware of such change. However we can’t guarantee that you will be informed of such cancellation before the date of the Event.We like to point out that it therefore lies in your responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event.
b) For football matches, no guarantees can be given that the Event will take place at a particular time or on a particular date and the Venue and/or the Promoter reserve the right to reschedule any such Event without notice and without any liability whatsoever. The details given on football tickets are indicative only and it is your responsibility to check the final arrangements for any matches for which you have tickets, including the date and kick-off time of any such Event.
c) Where a refund is sought, you must bring this to the attention of us as soon as reasonably possible upon becoming aware of the cancellation, postponement or abandonment.
15.2.2. Acts or omissions on the part of persons organising the Event or operating the Venue
We accept no liability for any acts or omissions on the part of persons organising the Event or operating the Venue or their servants, agents, employees or subcontractors and make no representation that any individual artist, performer, player or participant shall appear at the Event. All given information on individual artist, performer, player or participant etc. is therefore not binding and individual artist, performer, player or participant changes are therefore expressly reserved. This also includes the right of persons organising the Event or operating the Venue of time and schedule changes as well. Subject to no. 15.2.3. and 15.2.4., we and our supplier shall not be liable to give any refund in the event of the Event being cancelled or postponed.
15.2.3. Validity of tickets in case of postponed Event or Venue
If for any reason the Event is postponed, your booking for that Event will be valid for the rescheduled Event (if any) save where such re-scheduled Event takes place at a location other than the original Venue.
15.2.4. Refunds in case of postponed, cancelled or abandoned Event or Venue
If for any reason outside our or our suppliers control (including, without limitation, due to the circumstances set out in no.15.) the Event is postponed, cancelled or abandoned (whether wholly or in part) any refunds shall be at our suppliers entire discretion and you are advised to take out your own insurance to cover such risks and associated costs.
15.2.5. Pricing of tickets and position of seats
You acknowledge that we have no control over the pricing of Tickets and that any description of the position of seats is that of the Event organiser or Venue owner.
15.2.6. Claim in respect of validity of Hospitality Tickets
Where any valid claim in respect of the Hospitality Package is based on the validity of the Tickets is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace such Tickets free of charge or, at our sole discretion, refund to you the Price of the Hospitality Package (or a proportionate part of the Price), but we shall have no further liability to you.
15.3. Our liability
15.3.1. General statement about limitation of liability
22.214.171.124. Except as specifically set out in these Terms and Conditions we will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. Furthermore please note that subject to these Terms and Conditions and any applicable International Conventions, to the extent permitted by law, we shall not be liable for
(a) missed connections or
(b) any loss or damage caused to you and/or your luggage by the cancellation, non-arrival, lateness, delay or change to your trip or any other service or
(c) for any loss or damage consequential upon such cancellation, non-arrival, lateness or delay.
(d) services or facilities which do not form part of our agreement and which you book on your own either before travelling or while at your holiday destination.
126.96.36.199. Information given by You
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to issuing our Booking Confirmation, we could not have foreseen you would suffer or incur if we breached our contract with you (by way of non-exhaustive examples, if you fail to notify us of a food allergy or medical condition or incur any business losses).
188.8.131.52. Expenses or losses and damages by You
We are not responsible for meeting any expenses or losses you may incur as a result of change or cancellation. Please note: where services with a higher price than the original services contracted for are offered by us and accepted by you, the difference in price will be deducted from any compensation payable to you.
Notwithstanding anything to the contrary contained in the Factsheet or our Terms and Conditions, we shall not be liable to you for any indirect or consequential loss or damage (including, without limitation, loss of revenue, loss of profits or loss of anticipated savings) arising out of or in connection with the performance or any breach of the Contract and the maximum liability of us to you in aggregate for any and all claims made against us in contract, tort or otherwise under or in connection with the subject matter of the Contract shall not exceed the total Price paid for the holiday package by you to us in respect of the Contract.
184.108.40.206. Use of services not arranged by Us
Porters at railway stations, transfer agents, chauffeurs and hotel staff are not employees or agents of ours and consequently you use their services entirely at your own risk.
15.3.2. Liability in case of different circumstances
Our liability to compensate you and the amount of such compensation is subject to the following limitations.
220.127.116.11. Liability in case of claims other than death, illness or personal injury
In the case of claims other than death, illness, personal injury or a lower limitation of liability applies to your claim, compensation - if we are found liable - is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your vacation can be said to have been affected. The maximum amount we will have to pay in respect of these claims is the price paid to us by or on behalf of the person affected for the trip less any amendment charges. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. Where enjoyment has affected not the whole but only part of the trip we will refund reasonable related expenses and pay a daily sum of compensation up to £ 50 per day per person affected.
18.104.22.168. Liability in case of illness, personal injury or death as a direct result of the holiday arrangements booked with Us
We also accept liability if you or any member of your party suffers illness, personal injury or death as a direct result of these holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on our part or on the part of our suppliers but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party or by circumstances which neither we nor our suppliers could have anticipated or avoided even exercising all due care.
22.214.171.124. Liability in case of illness, personal injury or death from an activity, which is not part of the holiday arrangements booked with us
If you suffer illness, personal injury or death from an activity, which is not part of the holiday arrangements we make for you, we will not be liable to pay you any compensation. However if you are in difficulty and ask us for help we will offer assistance where appropriate and in our sole discretion, we will try to help if we can. This assistance will consist mainly of providing, where appropriate, information on aspects such as health services, local authorities and consular assistance, as well as help, for instance with regard to distance communication and alternative travel arrangements.
126.96.36.199. Limitation of Liability in all cases as if we were Carriers or suppliers
Please note: The maximum amount of compensation we will have to pay you will be limited where any claim or part of a claim is based on any travel arrangements provided by any air, sea, rail or road carrier or any stay in a hotel. This includes also claims relating to process of getting on/off the transport concerned. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention which include
· The Warsaw/Montreal Convention (international travel by air);
· The Athens Convention (with respect to sea travel); Regulation (EC) No 1371/2007 of the European Parliament and
· of the Council on Rail Passengers’ Rights and Obligations incorporating the Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail and The Berne Convention 1961(with respect to rail travel),
· The Geneva Convention 1973 (with respect to carriage by road) and
· The Paris Convention (with respect to hotel arrangements).
In addition, you agree that any applicable operating Carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation or accommodation for you, we rely on the terms and conditions contained within these International Conventions. You acknowledge that all of the terms and conditions contained in those Conventions form part of your contract with us, as well as with the supplier(s) involved.
We are not obliged to make a payment to you for a claim or part of a claim where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim. If you have received any payment or are entitled to receive any payment from the transport provider or accommodation supplier for the claim in question we are entitled to deduct any money which you have received or will receive from the transport provider or accommodation supplier when making any payment.
188.8.131.52 No liability in respect of any flight cancellation, delay or downgrading
Flights do not form part of our travel arrangements for you and therefore the fact that a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements and 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 is covered by the airline's obligations under the Denied Boarding Regulations ( EC Regulation No 261/2004 - the Denied Boarding Regulations 2004). You must pursue the airline for the compensation or other payment 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. and Reimbursement in such cases will not entitle you to a refund of your holiday cost from us.
15.3.3. Operational decisions by carriers and airports
184.108.40.206. Operational decisions may be taken by carriers and (air)ports resulting in delays, diversions or rescheduling. We have no control over such decisions, and are therefore unable to accept responsibility for them.
220.127.116.11.Where, as a result of circumstances beyond our control we are obliged to change or end your vacation after departure, but before the end of your vacation, we will not pay compensation or reimburse you for expenses incurred.
15.3.4. Loss or damage to luggage and/or personal possessions
You should have adequate travel insurance for your vacation and should claim via your insurance company and/or our supplier for any loss or damage to luggage and/or personal possessions.
15.4. Claiming liability procedure
15.4.1. You must tell us and the supplier involved about your injury or illness while you are at your holiday destination. In order to allow us to investigate it properly you have to write to us about your claim within three months of coming home from your holiday. Furthermore you have to cooperate with us so as to enable us to carry out such investigation. Please include a letter about your injury or illness from your doctor.
15.4.2. If we or our insurers make any payment to you or any member of your party (and their parent or legal guardian if under 18 years) for death, personal injury or illness, you must cooperate fully with us in seeking recovery of any payment (plus any legal or other costs) we or our insurers make if we or our insurers want to enforce those rights.
15.4.3. You must also assign to us or our insurers any rights you have against the suppliers in order to enable them to pursue any third party.
16. FORCE MAJEURE – EVENTS OUT OF OUR CONTROL
We cannot accept liability or pay compensation or be deemed to be in breach of the Contract or these Terms and Conditions were “Major” Changes, cancellation or by reason of any delay in performing or failure to perform any part of the contract is as a result of “Force Majeure”. This refers to any event which we or our supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to:
· any Act of God, explosion, epidemics, health risks and pandemics, flood, tempest, fire or accident; war or threat of war; terrorist activity or threat of terrorism and its consequences; riot, sabotage, insurrection, civil disturbance or requisition; natural, nuclear or industrial disaster; closed or congested airports/ports/train stations; fire, chemical or biological disaster; adverse weather, sea, air, ice and river conditions, flooding; unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers; regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or other national or local authority including airport, port, river or train station authorities; import or export regulations or embargoes; strikes, lockouts or other industrial actions or trade disputes; power failure or postponement or cancellation of the Event(s) and all similar events outside of our control or the supplier(s) concerned control.
You shall indemnify us or our suppliers in full against and hold us or our suppliers harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by us or our suppliers as a result of or in connection with any and all acts or omissions of you and/or any member of your party, yours guests, employees, agents or subcontractors including but not limited to acts or omissions at e. g. airplanes, trains, ferries, cars, accommodation, at Events and damage caused to a Venue, properties of others. In general: These charges must be met by you and may have to be paid locally. In case we agree to the invoice of our supplier for such charges on your behalf you agree to compensate us for this payment within 30 days after receiving a copy of our suppliers invoice from us.
18. COMPLAINTS PROCEDURE
Whilst we make every effort to ensure that your holiday runs smoothly, there may be occasions when things do not go as planned.
18.1. Immediately information by you
If you have a problem during your holiday, you have to inform the relevant accommodation, Chauffeur-Service provider or other supplier immediately so that they can endeavour to put things right. If they cannot resolve the problem, you must contact us immediately by telephone or email so that we are given an opportunity to help (in case if you suffer any loss or damage to your luggage you have to inform the relevant Carrier immediately). We will not hold ourselves responsible for the non-performance of an itinerary through causes beyond our control or when we are not notified of a problem at the point when remedial action can be taken. Therefore failure to do this and report any issues immediately to us will invalidate any claims made upon your return as you never provided us the opportunity at the time to help you and resolve your issue.
18.2. Complaint cannot be resolved at the time of notice
In the unlikely event that a complaint cannot be resolved in a reasonable time, you should write to us (CARUS Travel Ltd., 2 South Pines, 2a Brownsea Road, Poole, BH13 7QP, UK) within 28 days of returning home. Please provide us in your written complain with
· your original invoice number and
· outlining in full the reason for your complaint or dissatisfaction and
· include your daytime and evening telephone numbers.
18.3. Failure by you of any of these steps
If you fail to take any of these steps this will hinder our ability to put any problem right and/or investigate it fully and any right you may have to receive compensation will be reduced or completely invalidated. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return.
18.4. Arbitration scheme
In the event of a breakdown of communication or a serious disagreement between you and us the Travel Trust Association can act as an independent intermediary.
All complaints are dealt with in writing. Should you feel the need to make a complaint about us, please detail the matter in writing and post it to:
Travel Trust Association, Albion House , High Street , Woking, Surrey, GU21 6BD
Please enclose copies of any previous correspondence that you may have had with us and any paperwork that is at all relevant e.g. receipts, invoices, etc.Upon receipt the Travel Trust Association will act as an independent intermediary in your grievance with us and shall liaise between both parties. Should the response that you receive from us not be satisfactory, the Travel Trust Association can then offer you an arbitration service. The arbitration service is administered and managed independently from Travel Trust Association and the Travel Trust Association member.
19. METHODS OF PAYMENTS
Your invoice can be settled by way of bank transfer or using a Credit Card. In case you pay the deposit and/or balance of the invoice, amendment or cancellation charges by credit card please note that a service charge may be levied. We will advise you at the time of booking in case such charges may apply.
In case you instruct your credit card company to charge back any payments due we reserve the right to charge an additional fee of GBP 20. Please note that we have under such circumstances the right to take legal actions for all outstanding payments. We also reserve the right to cancel your booking.
All payments must be identified by the passenger’s name and invoice number.
Any and all bank charges associated with making payment have to be borne entirely by you.
Our obligations under the terms of this agreement do not come into effect until funds have been cleared through our bank.
Details regarding payments are mentioned in the proposal as well as in the booking confirmation.
20. GOVERNING LAW
Your contract with us and any non-contractual rights and obligations relating to your booking and any agreement to which they apply is governed by and construed in accordance with the laws of the United Kingdom. You and we both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your booking will be dealt with by the Courts of England and Wales only, unless you wish to submit the claim through a process of arbitration as detailed under the complaints section.
Please note: If you live in Scotland or Northern Ireland 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 claim governed by the law of Scotland/Northern Ireland as applicable. However if you do not choose, English law will apply.
In the event of any inconsistency between these Conditions and any applicable third party conditions and/or International Conventions etc. these Conditions shall, to the extent permitted by law, prevail.
21. STATUTORY RIGHTS
These Terms and Conditions do not affect your statutory rights.
CARUS Travel Ltd., September 2019