By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- He/she accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
PLEASE NOTE: Our obligations to you will differ depending upon what services you book with us and whether or not they create a Package. We have tried to set out our obligations as clearly as possible below. These booking conditions contain three sections:
- Section A contains the conditions that will apply to all bookings you make with us, other than a booking of a holiday by air to Jersey;
- Section B sets out the additional terms and conditions that will apply when you make a booking with us for a Package, other than a booking of a holiday by air to Jersey; and
- Section C only applies where you make a booking of a holiday by air to Jersey, in which case we act only as agent on behalf of Destinations Ltd (trading as Destination Specialists). Sections A and B do not apply to such bookings.
Where your booking is for a Package (other than for a holiday including air travel to Jersey), as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked travel arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions. These can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
A “Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
a) transport; or
b) accommodation; or
c) rental of cars, motor vehicles, motorcycles (in certain circumstances); and
d) any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
– do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
– are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.
SECTION A –
APPLICABLE TO ALL BOOKINGS EXCEPT FOR BOOKINGS OF HOLIDAYS BY AIR TO JERSEY
1. Booking & Paying For Your Arrangements
Bookings via telephone or travel agent
Where you make an enquiry for a booking, we will reserve your holiday provisionally for 3 days (or only 1 day if the enquiry is made within 6 weeks of the departure date). If you wish to confirm the booking you must pay a deposit of £50 per person (£175 per person for River Cruise) plus your insurance premium within that 3 day period. If we do not reserve the payment within that time, we will cease to hold the holiday for you.
You must ensure you pay the balance of monies due (without any further reminder from us) 42 days before departure (84 days prior to departure for River Cruise holidays).
Bookings via the internet
It is not possible to make a provisional booking when booking online. Payment must be made online using your credit or debit card. The deposits are the same as those set out above for telephone and travel agent bookings. You can choose the option to have your balance payment taken automatically at the due dates set out below. If you do not select the option to automatically take payment from your card, you must ensure you pay the balance of monies due (without any further reminder from us) 42 days before departure (84 days prior to departure for River Cruise holidays). You should print the final page of the internet booking process as your confirmation for your records, although a confirmation will also be sent to you by email if you have provided your email address or alternatively via post.
Your booking is confirmed when we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your agent. If your booking confirmation or any other document is incorrect you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable.
Travel Tickets will be forwarded approximately 10 days prior to departure. Since local pick up times are frequently re-scheduled, it is essential that you check the time shown on your travel ticket and do not rely on your initial confirmation for your pick up time.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make you’re booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see clause 26 for further information.
Adequate travel insurance is a condition of your contract with us, either through our scheme or an equivalent travel policy. If you wish to insure through another company, you must inform us of the insurer’s name and emergency contact number by telephone or by emailing us at [email protected] quoting your booking reference. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. If booking on the website, please indicate it in the Special Requests section on the booking screen. Whilst every effort will be made by us to try and accommodate your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met. Where a payment is made for additional facilities, our liability shall be limited to the brochure price of that supplement. Bookings for rooms with bath or shower shall be deemed to be fulfilled by the provision of either facility or requests for one or the other will be treated as requests only. Bookings for a double room shall be considered satisfied by the provision of either a double or twin bedded room. Bookings for a twin room shall be considered satisfied by the provision of a room with two or more beds.
Where your special request relates to dietary requirements, you are also strongly urged to make direct contact with the hotel 7-14 days prior to arrival and to forward details of their requirements in writing to the hotel.
6. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen travel arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.
Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If you or any member of your party is mobility impaired or have any medical circumstances or disabilities which may affect your holiday you must contact the Alfa Customer Relations Department on 01257 248134 so that we can ascertain if your chosen hotel is able to satisfy your needs. Please note we do not have any vehicles fitted with wheelchair lifts, so it is essential that all customers are able to manage the steps necessary to board a coach either unaided or with the assistance of members of their own party. Due to weight restrictions on our coaches, we cannot accommodate scooters, either on the outbound or inbound journey. Passengers may, however, be able to hire scooters during their stay and they are able to take these on the excursions, so long as the heaviest piece weighs no more than 15kg and the scooter has a brake which can be applied when the coach is moving. Please note that the passenger will be responsible for the scooter and drivers cannot be held responsible for loading/unloading. Should you wish to hire a scooter, please do not hesitate to contact our customer relations team on 01257 248134 and they will be happy to check if the hotel can accommodate scooters and to provide you with hire details for companies local to the hotel.
7. Minimum Number of Passengers
Please Note: for all of the holidays that we offer, we require a minimum of 30 travellers to have booked on each holiday in order for us to be able to operate it. Where we do not receive this number of bookings in respect of your chosen holiday, we may unfortunately be unable to go ahead with providing that holiday and may be required to cancel your holiday as a result. If we choose to cancel in such circumstances, whilst we are not liable to pay you any additional compensation, we will provide an equivalent tour at a discount from the published price as set out below. If this alternative is not acceptable, we will refund all monies paid, whereupon we shall have no further liability to you.
|Duration||Deadline by which we will notify you of our need to terminate|
|More than 6 days||20 days before the start of the package|
|6 days or less||7 days before the start of the package|
8. If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £20 per person per change if made more than 42 days prior to departure or £40 per person per change if made 42 days or less prior to departure, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 9.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us
|Coach holidays and self drive||River cruise holidays|
43 to 84 days prior to departure
|Loss of deposit||100%|
|29 to 42 days prior to departure||40%||100%|
|15 to 28 days prior to departure||55%||100%|
|8 to 14 days prior to departure||75%||100%|
|Less than 8 days prior to departure||100%||100%|
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
10. If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard or changes of carriers.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
– A change of accommodation area for the whole or a significant part of your time away.
– A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your arrangements by more than 12 hours.
– A significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your travel arrangements after the balance due date for your holiday, except for reasons of force majeure or failure by you to pay the final balance or where the minimum 30 clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i. (for significant changes) accepting the changed arrangements; or
ii. having a refund of all monies paid; or
iii. if available and where we offer one, accepting an offer of alternative travel arrangements (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Discount in the event of cancellation due to low numbers:
In the unfortunate event that we have to cancel due to insufficient numbers booked onto your chosen holiday, we will contact you to offer an alternative holiday and will provide a discount off the published price as detailed below;
|Period before departure in which we notify you||Amount of discount we will provide*|
|More than 56 Days||Nil|
|28 – 56 Days prior to departure||£10|
|15 – 27 Days prior to departure||£15|
|8 – 14 Days prior to departure||£20|
|0 – 7 Days prior to departure||£25|
If you chose not to book the alternative offered, the Company will refund all monies paid, whereupon all liability on the part of the Company shall cease.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances: (a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure in which we notify you||Amount you will receive from us*|
|Coach holidays and self drive||River cruise holidays|
|More than 84 days prior to departure||Nil||Nil|
|60 – 84 days prior to departure||Nil||£10|
|59 – 42 days prior to departure||£10||£10|
|41 – 28 days prior to departure||£15||£15|
|27 – 14 days prior to departure||£20||£20|
|Less than 14 days prior to departure||£25||£25|
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements before the balance due date;
(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 13).
(g) if we cancel your travel arrangements because the minimum number of participants to run the arrangements has not been reached.
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
We make every effort to ensure that your trip runs smoothly but if you do have a problem during your tour, please inform the relevant supplier (e.g. your driver/hotelier as applicable) immediately who will endeavour to put things right. If your complaint is not resolved locally, and you wish to complain further, write to: The Customer Care, Alfa Travel, East Terrace, Euxton, Chorley PR7 6AF within 28 days of the end of your stay, giving your booking reference and all other relevant information or email [email protected]
Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 25 for further details. You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
12. Our Responsibility for your Booking
1. Subject to the remainder of this clause, we have a duty to provide the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused.
2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) The act(s) and/or omission(s) of the person(s) affected; or
(b) The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst on the tour, or any service or facility which your hotel or any other supplier agrees to provide for you.
Please Note: Where you have booked a Package we will accept responsibility for that Package as a package organiser and additional terms and condition apply. Please see clause 29 for further information.
13. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports, changes to the visa requirements of British citizens travelling to, within or through the EU and the validity of EHIC cards. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
Special Conditions for River cruises: If a Force Majeure event occurs, we reserve the right to change the itinerary of the river cruise where the captain of the ship determines that it is advisable or necessary to do so. Such events also mean that we may substitute another vessel for some or all of the trip. The captain of the ship always have the right at their absolute discretion to carry any planned routing without prior notice or consultation if they deem it is necessary to do so in the interest of safety. As the events are beyond our control, we will not be responsible for any loss, damage, expenses, cost or inconvenience caused by such changes.
14. Visa, Passport and Health Requirements
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Advice line on 0300 222 0000 or visit https://www.gov.uk/browse/citizenship/passports. For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country or countries through which you are travelling. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
15. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Smoking is prohibited by law on all coaches and in the public areas of all hotels throughout the UK. Most hotels, including all Leisureplex Hotels, also prohibit smoking in hotel bedrooms and treat electronic cigarettes as though they were cigarettes made from tobacco and therefore prohibit their use inside the hotel. Failure to follow smoking prohibitions will be considered unreasonable behaviour and the provisions of clause 16 above shall apply.
18. Infectious and Contagious Diseases
If you develop an infectious or contagious disease and in our reasonable opinion your presence on the coach represents a serious risk of infection to other customers we reserve the right to refuse to allow you to travel. In such circumstances, we will make every effort to assist with alternative means of returning you to your point of origin but responsibility for the costs incurred in such alternative transport will be yours. If you have taken the insurance policy offered by us at the time of booking, we will ensure all necessary arrangements are made. If you have insurance through another insurer, it is your responsibility to make contact with your insurer but we will make every effort to assist if requested. Please contact us on our emergency number 01257 248002 to request such assistance.
Animals (other than registered assistance dogs) are not allowed on our trips. If you have a registered assistance dog you must advise us at the time of booking and provide the dog’s registration number or a letter from the Charity who provided the dog, which confirms their assistance dog status.
20. Hotel Amenities
Some facilities (e.g. lifts) are not always available due to sudden breakdowns or the need to service them. Other facilities (e.g. outdoor swimming pools) are only available when weather permits. The nature and frequency of entertainment is also subject to demand and is at the discretion of the hotel.
21. Late Arrival by Passenger and Passengers in Difficulties
We will be unable to delay departures where you arrive late at any of the stops en route during your trip or where you are late to arrive at the departure point and where you miss a pick up you shall have no claim against us for any losses you incur as a result. We will, however, make every effort to assist passengers who get into difficulty through circumstances beyond their control where you notify us and request such assistance by telephoning our emergency number: 01257 248002.
22. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Each passenger is allowed one suitcase measuring no more than 26in x 8in x 15in and weighing no more than 33lb (15kg). In the interests of the health and safety of our employees and agents, we ask customers to strictly observe this weight limitation on individual suitcases and customers will be refused porterage facilities for suitcases which exceed the weight limit.
We are a Member of ABTA, membership number V2560. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages (other than packages which include travel to Jersey) and should be read in conjunction with Section A of these Booking Conditions.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
(i). the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii). the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.
(iii). the exchange rates relevant to the package.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
27. Transferring Your Package
If any member of your party is prevented from travelling on their Package, that person(s) may transfer their place to someone else, subject to the following conditions:
– that person is introduced by you and satisfies all the conditions applicable to the travel arrangements making up the Package;
– we are notified not less than 7 days before departure;
– you pay any outstanding balance payment, an administration fee of £20 per person transferring if made more than 42 days prior to departure or £40 per person transferring if made less than 42 days prior to departure, as well as any additional fees, charges or other costs arising from the transfer; and
– the transferee agrees to these Booking Conditions, the Supplier/Principal’s terms and conditions and all other requirements applicable to the travel arrangements making up the Package.
– You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 9. Otherwise, no refunds will be given for passengers not travelling or for unused services.
28. If You Cancel your Package due to Unavoidable & Extraordinary Circumstances
If you have booked a Package, you have the right to cancel your confirmed Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.
Please note that your right to cancel in these circumstances will only apply where the Government or Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.
For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
29. Our Responsibilities in Respect of Packages
1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 13).
3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(c) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. 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.
(d) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
4. 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 in these conditions.
5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6. Please note: we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business:
(c) indirect or consequential loss of any kind.
7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
30. Insolvency Protection for Package Payments
We provide full financial protection for our package holidays where we act as package organiser which don’t include flights by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. ABTA can be contacted by calling 0203 117 0599.
If you book travel arrangements that don’t form part of a Package your monies will not be financially protected. Please ask us for further details.
31. Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
32. Prompt Assistance for Packages
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
33. What is included in your Package
Holiday price includes coach travel, accommodation, excursions and meals as specified in the holiday description. Some hotels make a small additional charge for tea or coffee taken after meals. Personal items and other food and beverages are not included in the price of the holiday.
SECTION C: BOOKINGS WHERE WE ACT AS AGENT
This section only applies to bookings of air travel packages to Jersey, in which case we act as agent only and not as principal or package organiser.
34. Your contract
When making your booking we will arrange for you to enter into a contract with Destinations Ltd, trading as Destination Specialists, which is the supplier of the travel arrangements in question (“Supplier/Principal”). As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the travel arrangements provided by the Supplier/Principal. The Supplier/Principal’s terms & conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
A contract between you and the Supplier/Principal will come into force when we issue a confirmation invoice on behalf of the Supplier/Principal. Until your booking has been confirmed by the individual Supplier/Principal, no contract has been formed between you and the Supplier/Principal.
You will be required to pay a deposit at the time of booking, or full payment the booking is made within the balance due period. If you have paid a deposit, you must pay the full balance 60 days prior to your scheduled departure without further reminder from us. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for arrangements will be held by us on behalf of the Supplier/Principal concerned until such time as we make payment to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.
36. Cancellation & Amendment
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £20 per person transferring if made more than 42 days prior to departure or £40 per person transferring if made less than 42 days prior to departure, as well as any additional fees, charges or other costs arising from the transfer.
Please note: the Supplier/Principals may not allow changes and therefore full cancellation charges may apply.
37. Changes or Cancellations by the Supplier/Principal
We will inform you of any changes or cancellations as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
Because the contract for your arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your holiday whilst away, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, please write to us and we will liaise with the Supplier/Principal on your behalf.
39. Our responsibility for your booking
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we have earned on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises because of our negligence or that of any of our employees whilst acting in the course of their employment.
Published August 2019