In the sale of charter flights Globepost Limited (part of the lastminute.com plc group) acts as agent for various third party suppliers. The contract for the charter flight will be between you and the relevant supplier and you will be subject to their terms and conditions. For your ease of reference those terms and conditions are listed below.
In addition as we incur cost in administrating cancellations and modifications, if you ask us to administer any relevant cancellation and/or amendment on your behalf we will charge an administration fee of £45. Please be aware that this fee will be in addition to any charge you may have to pay the supplier.
Full payment for scheduled fares, and those bookings made via our Website, is required at the time of booking. For other flights you must pay a deposit of £40.00 per person for transport arrangements including European flights only and £100 per person for transport arrangements including Long Haul flights. In addition to this, payment of all applicable insurance premiums (if required) is due at the time you make your booking and you must pay the rest of your transport price 8 weeks before you leave. If you do not, we may treat your booking as cancelled by you and ask you to pay cancellation charges as set out in section 10. If you book your transport arrangements 8 weeks or less before departure, you must pay the full cost at the time of booking.
Following confirmation of
your transport arrangements, we will issue a confirmation invoice. Please check
the invoice and all other documents you receive from us (including tickets and
insurance details) as soon as you receive them. Contact us immediately if any
information which appears on the confirmation seems to be incorrect or incomplete
as it may not be possible to make changes later. We regret we cannot accept any
liability if we are not notified of any error in any document within 10 days of
our sending it out (5 days for tickets).
To the best of our knowledge all our published information is correct at the time
of publication. It does not commit any of the carriers mentioned in it or any
carrier whose services may be used by us in the course of any transport arrangements.
Please note, advertised information and prices may have changed by the time you
come to book your chosen transport arrangements. Whilst every effort is made to
ensure the accuracy of information and prices, regrettably errors do occasionally
occur. You must therefore ensure you check all details of your chosen arrangements
with your travel agent or ourselves at the time of booking.
The Price of your Transport
Arrangements.
The prices quoted at the time of booking may increase or decrease before
your booking is confirmed and they are quoted in pounds sterling per person. We
also have the right to correct obvious errors in advertised and confirmed prices.
Your travel agent or Avro will be able to confirm the price for your transport
arrangements before you complete your booking. Unless there are increases in dues,
fees payable for landing taxes or exchange rate variations, which exceed 2% of
the price of your confirmed transportation arrangements, (excluding insurance
premiums and any amendment fees) we guarantee that once you have made your booking
and paid a deposit (or full payment as applicable) we will not increase the price
of your transportation arrangements.
If any surcharge is greater than 10% of the cost of your transport arrangements (excluding insurance premiums and any amendment charges) you will be entitled to cancel your booking and receive a refund of all monies paid to us except for insurance premiums and amendment charges. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel for this reason. If you do not do so, we are entitled to assume you do not wish to cancel and will be liable to pay the surcharge. Any surcharge must be paid with the balance of the transport arrangements or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of departure. Due to the above promises, no refunds can be made in the event of any decreases in our costs.
If we make a major change or cancel your transport arrangements before departure,
other than due to your default in payment, you may accept that change and receive
compensation as shown in scale A below, or cancel and receive a full refund with
compensation as shown in scale B below. If we can, and there is time to do so
before departure, we will also offer you the choice of purchasing suitable alternative
transport arrangements from us (with you paying or receiving any refund in respect
of any price difference) together with compensation as shown in scale A/B below.
Compensation for each full fare-paying passenger
| Period of notice before departure we give you or your travel agent | If you accept | If you cancel |
| Scale A | Scale B | |
| 0 - 7 Days | £40 | £20 |
| 8 - 14 Days | £30 | £15 |
| 15 - 28 Days | £20 | £15 |
| 29 - 42 Days | £15 | £5 |
| 43 - 56 Days | £10 | £5 |
| 57 Days or more | Nil | Nil |
However, compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of any of the events listed in the important note below. Any change which is not a major change does not entitle you to cancel or change to different transport arrangements without paying our normal charges. No compensation is paid for minor changes.
Provision of services
We will endeavour to ensure that all advertised facilities and services are
provided. If any facility or service is withdrawn or limited for any reason, we
will try to advise you and where appropriate will refund any supplement paid.
This is the extent of our liability in respect of such facilities or services.
Air, road and rail carriers
and our liability
The Warsaw Convention unamended or as amended and/or, for airlines with an
operating licence granted by an EU country, the EU Regulation on Air Carrier Liability,
generally governs the liability of airlines. More details of these limitations
appear below. The Berne Convention on International Carriage by Rail governs the
liability of rail carriers. We rely on the terms, conditions, limitations and
exclusions contained in these Conventions/Regulation and any other applicable
Convention(s), Regulation(s) or other legislation, which apply to the transport
in question. For all claims and parts of claims which concern or are based on
any travel by air, road or rail, we cannot accept any greater, additional or different
liability to that imposed on the airline, road or rail carrier in question by
International Convention and/EU Regulation as applicable. If you make a claim
against us, you must give credit for all sums which you receive or are entitled
to receive from the carrier.
EU Airlines
European Community Council Regulation No. 2027/97 applies to all airlines granted
an operating licence by a Member State of the European Community.For all such
airlines (unless the following paragraph applies) there will be no limitation
on the damages which may be claimed if a passenger is killed or sustains bodily
injury by accident whilst on board or in the process of getting on or off an aircraft
of any such airline.Such airlines will not be liable to pay more than the equivalent
in local currency of 100,000 SDR (Special Drawing Rights) if the airline proves
that it and its agents took all necessary measures to avoid the accident or that
it was impossible for it or them to take such measures. The airline may not be
held responsible, in whole or part, if the death or bodily injury was caused or
contributed to by the negligence of the injured or deceased passenger, as determined
by the Court in accordance with applicable law.In the event of an accident, the
airline will provide an advance payment sufficient to meet immediate economic
needs within 15 days of identifying the correct natural person entitled to compensation.
In the event of death, the initial payment will not be less than the local currency
equivalent of 15,000 SDR. The airline reserves the right to reclaim any such payment
in the event of the payment being made to the wrong person or the payment exceeding
the airlines liability.
Airlines are insured according to the conditions governing their operating licence.For
full information, see the airline's conditions of carriage (available on request).
One SDR is currently worth approximately £0.90.
Other Airlines
If your flight is provided by any other airline (i.e. one which has not been granted
an operating licence by a Member State of the European Union), the above provisions
will not apply. However, unless otherwise agreed by the airline, all airlines
limit their liability for death and personal injury of passengers usually in accordance
with the Warsaw Convention unamended or as amended. Please see the airlines own
Conditions of Carriage (available on request) for full details.
Luggage and personal possessions - all airlines
Unless otherwise agreed by the airline, all airlines limit their liability for
loss, damage and delay to luggage, usually in accordance with the Warsaw Convention
unamended or as amended. Most airlines with a UK operating licence currently limit
their liability to 17 SDR per kilogram in respect of checked luggage and to a
maximum of 332 SDR's in respect of all other luggage and personal possessions.
Please see the airlines own Conditions of Carriage (available on request) for
full details (including time limits for notifying claims).
Delays
The provision of extra services in the event of a delay depends on various factors
including whether they are available, the time of day, the number of passengers
affected and the anticipated length of delay. We cannot accept any liability for
any payment you make or incur unless we have given our permission beforehand,
or for any time lost as a result of any delay. It may be possible for you to make
an insurance claim for any delay.
If you want to change
or cancel your booking
If you want to change your booking details in any way, we will try to help
you, although we cannot guarantee that we will be able to do this. The following
charges apply for changes in addition to any difference in price. We cannot transfer
insurance premiums.
| Time before departure when change request is received by us | Change of name (per name changed) | Other changes (per person per change) |
| 42 days or more | £15 | £15 |
| 15 - 41 days | £25 | Cancellation charges apply, see below |
| 0-14 days | £40 | Cancellation charges apply, see below |
If you want to cancel the
whole, or part of, your booking after we have accepted it, the passenger who made
the booking must send signed instructions to your travel agent or us. We will
ask you to pay cancellation charges on the scale shown below. These charges reflect
our estimated loss as a result of dealing with your booking to the point of cancellation
and any other losses we may have to pay.
| Time before departure when change request is received by us | Cancellation charge as a percentage of the total booking cost (excluding insurance premiums and any amendment charges) |
| 42 days or more | Deposit (plus any administration charges) |
| 29-41 days | 50% |
| 15-28 days | 60% |
| 0-14 days | 100% |
3. Terms and conditions when the supplier is Freedom Flights
Your contract is with Freedom Flights Ltd ATOL No 5296 & ABTA No W163X
1. What are the conditions when I make my reservation?
All bookings are made and accepted subject to these booking conditions. You must then pay the deposit together with any insurance premium. An invoice will be sent to you or your travel agent for the balance of monies owing. If the departure date is within eight weeks, then the total flight cost and insurance premium is due at the time of booking.
2. Do you guarantee the price?
Freedom Flights guarantee the basic flight price against any fuel increases. However, all UK and overseas airport tax/security levy increases are beyond our control and will be passed on to the client.
3. What happens if you change my flight?
We plan our flying programme many months in advance, and although it is unlikely that we will have to make any changes to confirmed bookings, it can happen. Changes are usually of a minor nature, and we will advise you (or your travel agent) if there is time, before your departure. Flight timings and carriers are subject to change - confirmed details will be sent with your tickets. If a major change happens you will have the choice of: a// accepting the changed arrangements, b// purchasing another available flight from us, or c// cancelling your flight. In all cases, except where the major change arises from events beyond our control, we will pay compensation as detailed below. In the cases of b and c you will also receive a full refund.
A major change includes any of the following made before day of departure: change of departure airport (except between Gatwick, Stansted, Luton and Heathrow), or stay in resort reduced by more than 12 hours. As flight timings and carriers are subject to change we reserve the right to make such changes as and when necessary, for commercial and operational reasons. We will advise such amendments to your flights, and confirmed details will be sent with your tickets. If we alter the airline or aircraft type operating your flight, we will be under no obligation to notify you, as this is not a material change. We will not pay compensation for flight delays. If you wish, we will give you a credit note against a future Freedom Flights flight instead of cash.
Period before departure within which a major change is notified: Compensation per full fare paying passenger (excludes infants): Greater than 56 days £nil 29 - 55 days £10 15 - 28 days £15 8 - 14 days £20 0 - 7 days £25 Compensation payments do not apply to changes caused as a result of force majeure, war, threat of war, riots, civil disturbances, industrial disputes, terrorist activity, natural disasters, fire, technical problems to transport, closure or disruption to airspace or airport or other events beyond our control.
4. Supposing Freedom Flights cancels my flight?
We reserve the right, in any circumstance, to cancel your flight. However, in no case will we cancel your flight less than 8 weeks before the departure date, except for the reasons stated under 3. Major Change.
5. What is Freedom Flights Liable for?
We accept responsibility for the acts and/or omissions of our employees and agents while acting within the scope of, or in the course of their employment or agency with us. We also accept responsibility for any deficiencies in the services we are contractually obliged to provide, or the failure of such services to reach a reasonable standard. We do not accept responsibility in respect of death, bodily injury or illness of any person taking one of our flights, except when caused by the negligent acts and/or omissions of our employees or agents while acting within the scope of, or in the course of their employment or agency with us. All our flights and arrangements have been purposely designed to allow for some un-scheduled changes. You will appreciate we cannot be held responsible for changes outside our control resulting in a missed or delayed connection. At all time a representative or agent will be on hand to ensure that any problems are overcome as quickly as possible. We will give you what assistance we can to a client who through mishap suffers illness, personal injury or death during the period of the flight arising out of an activity which neither forms part of the flight arrangement, nor forms part of an excursion offered through Freedom Flights. In all respects, our liability is limited in the manner permitted by the relevant international conventions, and the conditions of carriage of the airline, which are available upon request from this office.
6. What happens if I change my reservation?
If you wish to change your reservation in anyway, and we can accept the change, the following charges will apply. Time scales refer to the date of receipt of your instructions in writing, and cancellation charges are detailed below. More than 42 days of departure - £20.00 per change. Less than 42 days before departure - cancellation charges apply except for a name change, which is charged at £40.00 per name, except the day of departure when a charge of £50.00 per name will be levied. The following exceptions apply: -
a. no changes are allowed from a full priced flight to a special offer flight
b. for any change to a booking, the basic price will remain the same as the price quoted at the time of booking (excluding supplements)
7. What if I cancel my reservation?
If you wish to cancel your flight, this must be done in writing in whoever's name the flight is invoiced (or the travel agent through whom the booking was made). In the event of cancellation or part cancellation, the following charges become applicable: -
Period before departure date that written instruction is received: Cancellation charge as a % of total flight cost: Greater than 42 days Deposit only 42 - 29 days 50% 28 - 22 days 60% 0 - 21 days 100% Cancellation must be notified in writing to your travel agent or us if you booked direct, and commenced from the date received by Freedom Flights. Please note that if the reason for cancellation falls within the terms of you insurance policy, the insurance company will normally refund any such charges to you. The normal deposit of £40.00 is charged for all passengers travelling including free and discounted children.
8. What happens if I complain about my flight?
If a problem arises during your flight, it is important that you advise the supplier and/or representative at the earliest opportunity, who will endeavour to put things right. If your complaint cannot be resolved locally the complaint must be followed up upon return to the UK, in writing, within 28 days of your return, to our head office, quoting your booking reference number. It is unlikely that you will have a complaint that cannot be settled amicably. However disputes that cannot be amicably settled may (if you so wish) be referred to arbitration under an independent scheme devised by the Association Of British Travel Agents. The scheme is administered by the Charted Institute of Arbitrators, and provides a simple and inexpensive method of arbitration on documents alone with restricted liability on the client in respect of costs. The scheme does not apply to claims over £5000 per person or £15000 per booking whichever is higher. Neither does it apply to claims, which are solely, or mainly in respect of physical injury or illness or the consequence of such injury or illness. If you elect to seek compensation under this scheme, written notice requesting arbitration must be made within nine months after the scheduled date of return from flight (only in exceptional circumstances may it be offered outside this period). Full details are available from the Association Of British Travel Agents, 68/71 Newman Street London W1PAH.
9. Special requests
Freedom Flights contracts airline seats in bulk. Client bookings are made within bulk allocations, but no specific seats can or will be confirmed. Freedom Flights will make every effort to meet your requests although they cannot be guaranteed. Any special meal requirements must be made at time of booking.
10. How do I book, what do I pay.... and when?
The person in whose name the booking is made acts on behalf of all other persons named, and becomes responsible to us for all payments in respect of the booking. Your reservation will be confirmed upon payment of a deposit of £40.00 per person, plus any applicable insurance premium. Infants under the age of 2 years on the return date are charged at £15 providing they do not occupy a seat. It is a condition of booking that you are adequately insured on your flight, please contact Freedom Flights for details. For direct bookings the deposit or balance due must be paid by credit/debit card on day of booking. We must receive the balance of flight cost at least 8 weeks before departure date. Please note that you will not receive notice that final payment is due. Please also ensure that you send payment in sufficient time for us to pay-in and clear payment through your bank, otherwise your booking will be cancelled, and you will be liable to cancellation charges as shown in condition 7. If your flight is arranged through a travel agent and not us, then they hold all monies as your agent, on our behalf. Upon this confirmation, we will confirm your booking, and set aside your chosen flight for you. Any agent requesting you pay money otherwise than in accordance with these terms and conditions and in particular requesting the balance monies in advance of 8 weeks before departure, will hold that money on behalf of Freedom Flights until such time as payment is due under these terms and conditions. For all bookings made within 8 weeks of departure, the flight is confirmed as soon as a verbal confirmation is given over the telephone or your travel agent confirms the booking on viewdata. Therefore if you subsequently cancel your booking, cancellation charges as shown in condition 7 apply. Full payment for the flight, including insurance premiums and car hire must be made at the time of booking in order to secure the reservation.
11. When can I expect to receive my tickets?
Normally, your tickets will be dispatched 14 days prior to the departure date, to you or your travel agent. However if your reservation is made within 14 days of your departure date then there will be a £7.00 per person charge applied to collect your tickets at the point of departure. This charge is subject to fluctuation.
12. What happens if I lose a piece of baggage?
Under the terms of various international conventions, whilst your personal effects and baggage are in the hands of the carrier, the carrier is liable for the safety of such baggage. If your baggage is lost or damaged between the time of airport check in, and the recovery of the baggage from the carousel at the end of the flight then the carrier is under a duty to pay compensation. The amount of any compensation is determined by the international convention, details of which are on the reverse of your flight tickets. In case of loss or damage a property irregularity report must be completed before you leave the airport. Should your claim be in excess of the airports compensation level then you should approach your insurers to see if they will pay the difference. Items of high individual value should be adequately insured, as neither Freedom Flights nor its carriers will accept liability for loss or damage.
13. What about health and travel documentation?
Where travel and health documents are necessary to comply with the requirements with any country you may wish to visit, then it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon Freedom Flights then you should be liable to reimburse Freedom Flights accordingly. You must ensure, by consulting your own doctor if necessary, of specific health precautions deemed prudent for the country / resort you intend to visit, and the appropriate medication/ inoculations complied with.
14. Should I reconfirm my inbound flight?
It is imperative and a strict condition of booking that you confirm your inbound flight details with the local office noted on your itinerary (not the airport authorities) not more than 48 hours and not less than 18 hours prior to the previously notified flight time. We can accept no liability for clients who fail to comply with this condition and, due to a flight change, miss their return flight.
15. Civil Aviation Authority regulations
Civil Aviation Authority regulations specify that both the outbound and inbound of the air ticket must be used. In the event that the outbound flight is not used, the passenger will not be allowed to return on the inbound charter flight. Should anyone check in less that 90 minutes before the ticketed departure time, admission to the flight is likely to be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any costs involved.
This contract is made on the terms of these booking conditions, which are governed by English law, and both parties shall submit to the jurisdiction of the English courts. These booking conditions are valid up to 31 October 2003, unless superseded by those published in a subsequent brochure or shown on a revised invoice.
4. Terms and conditions when the supplier is Libra
Fair Trading Conditions
The following conditions form the basis of the contract between you and LIBRA HOLIDAYS LTD and will be subject to English Law and jurisdiction. We are a member of ABTA (membership no V0688) and are currently holding ATOL No 324 issued by the Civil Aviation Authority, which provides for your protection in the unlikely event of our insolvency. The CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking. For further information, visit the ATOL website at www.atol.org.uk.1. Our Agreement with You
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. You will also become directly responsible for the payment of the total price and if applicable and appropriate, any cancellation charges. A contract will exist as soon as we issue our confirmation invoice. In the event that your booking is made via Viewdata by a travel agent a contract will exist once you ask the travel agent to confirm the booking on Viewdata and a booking reference has been issued to you subject to paragraph 24 below (system errors).
This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.
Written consent from parent / legal guardian is required for any travellers under the age of 18 who are travelling without their parents or legal guardians.2. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Please note that it is not possible to change your holiday from one season to another, for example, you cannot change a 2003/4 holiday for a 2004/5 holiday. Such alterations will be considered cancellations. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge, these are detailed below, and any further cost we incur in making this alteration. 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. Note: Certain travel arrangements (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.For scheduled flights, name changes must be notified to us at least 35 days before the departure date and a fee of £20.00 per name change will be charged. Any amendments to names within 35 days of the departure date (for scheduled flights) will mean that the flight will have to be cancelled and re-booked and appropriate cancellation charges will apply (please refer to condition 4).Charges for alterations will apply as follows. If you make any alteration to your holiday after we have confirmed your booking, other than increasing the numbers in your party or adding a service to your booking, an amendment fee of £15.00 per person named on the booking will be charged (maximum £90.00).
For changes within 8 weeks of the departure date, other than a name change, you will be liable to pay cancellation charges (please refer to condition 4).
Name changes will be accepted up to 3 weeks before your departure date and a charge of £20.00 will be applicable for each name change. A charge of £50.00 will be levied where name changes are made within 3 weeks of the departure date. This includes changing a name from your maiden name to your married name.
If the holiday price depends on the number of persons booked into an accommodation and you wish to change that number of persons, the price will be calculated on the basis of the new party size. Any increase in price per person as a result of part cancellation is not a cancellation charge. It is a price adjustment resulting from the amendment to the number of persons travelling.
IMPORTANT NOTE: ALL AMENDMENTS MUST BE CONFIRMED IN WRITING BY FAX OR POST BY THE LEAD NAME ON THE BOOKING OR HIS/HER TRAVEL AGENT. IF A FAX IS USED AS THE APPROPRIATE METHOD OF CANCELLATION, YOU/THE TRAVEL AGENT ARE ADVISED TO KEEP A COPY OF THE FAX CONFIRMATION AS THIS MAY BE REQUIRED FOR PROOF IN THE UNLIKELY EVENT OF ANY DISCREPANCIES.3. If you cancel your flights
You may cancel your travel arrangements at any time. Your travel arrangements may not be cancelled by anyone else in your party unless we have express written permission from you to do so. All cancellations must be notified to our office in writing by the lead name on the booking or your travel agent and should be marked 'URGENT - CANCELLATION NOTIFICATION'. Cancellations can also be made by fax by you or your travel agent and must be marked the same way. Once again, we would advise you or your travel agent to keep a copy of the fax confirmation for your own purposes.
The effective date of cancellation will be when the notification is received by Libra Holidays.
Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below:
Notification period cancellation charge More than 56 days loss of deposit More than 29 days 40% More than 14 days 60% More than 7 days 80% 6 days or less - no show 100% PLEASE NOTE: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Any insurance premium paid to us is non-refundable in the event that you cancel your travel arrangements.
4. Your responsibilities
(a) You must ensure that you and the rest of your party have valid passports and appropriate visas (please refer to condition 16).
(b) You should check what vaccinations are required for your chosen destination with your doctor. Vaccination information given in our brochure is correct at the time of going to print but may be subject to change and should be used as a guideline only.
(c) Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have a doctor's certification that they are fit to travel. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
(d) You must be responsible for the behaviour of yourself and your party. (Please refer to condition 9).
(e) You must tell us if you have an existing medical problem or disability that may require assistance before you book your holiday. We may refuse to accept physically disabled customers or customers confined to a wheelchair who do not tell us before they book, or if we feel the holiday you choose is not suitable for you without a suitably qualified travelling companion. Please refer to condition 215. If we change or cancel your flight
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. If we make a major change, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
We also reserve the right to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will endeavour not to cancel your travel arrangements, except for reasons of force majeure or failure by you to pay the final balance.
Please note that carriers such as Airlines used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard or higher within the same resort area.If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below.
Notification period compensation per person 56 days and over nil between 56 to 28 days £10.00 between 27 to 14 days £20.00 13 and 1 day or notice in resort £30.00 Major changes may include the following:
No claim for additional expenses or other compensation will be considered. For example, if you decide to cancel your travel arrangements instead of accepting the alternative we have offered and you then book a more expensive holiday, we would not consider any claim for the difference in price you have paid.
IMPORTANT NOTE: Compensation payments do not apply to circumstances beyond our control (force majeure). We can cancel your holiday in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, go slow, airport closures, bad weather conditions and similar events beyond our control.
6. Our liability to you
We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this brochure. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of £5,000.
We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.
We cannot accept liability in the following circumstances:
A If you or any member of your party is at fault.
B If the failure is the fault of someone else not connected with providing the services that make up the holiday that we have confirmed to you.
C Any unusual or unexpected circumstances beyond our control, which we could not have avoided, even if we had used all possible care.
D Any event that the service supplier or we could not help, expect, or prevent.We will of course use our best endeavours to offer our assistance if you suffer difficulty whilst on holiday. If you, or any member of your party, suffer illness, personal injury or death, through no fault of your own, during your holiday which arises out of an activity which is not part of the holiday arrangement, we will help you organise any claim you may have against anyone else. The extent of our assistance in this respect may include the provision of translation services, communicating with authorities and others in foreign resorts and recommending foreign lawyers if this is appropriate. We will not pay more than £5,000 for your booking. We cannot accept liability for any payment unless you have told us within 90 days of the incident that you want to make a claim and we have given our written permission. We may ask you to pay back any payment we have made if you make a successful claim against the other person or you have suitable legal indemnity insurance. If our suppliers can exclude or limit liability under any international convention, we will rely on that exclusion or limitation.
Any compensation we pay for claims against us, other than compensation for personal injuries, will not be more than the cost of your holiday.7. Behaviour
If you are prevented from utilising your aircraft seat and/or booked accommodation because of the opinion of a person in authority (e.g. police, security person, aircraft pilot or accommodation proprietor), or you appear to be unfit for travel or likely to cause disturbances or discomfort to other persons whether due to alcohol consumption, misuse of drugs or general misbehaviour our responsibility for your journey/accommodation ceases. Full cancellation charges will apply (if applicable) and any extra costs incurred in making alternative arrangements will be payable by you.
Furthermore our liability towards you will cease in the event that you or your party causes any damage/disturbance/discomfort for any reason, whilst staying in your resort. This may also lead to your eviction from the accommodation. Our contract with you will be deemed terminated and we will have no further obligation to assist you with alternative arrangements.8. Condition of carriage
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices.This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines or carriers mentioned herein or any airline or carrier whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight.9. Flight delays
Unfortunately there are occasions when, for reasons beyond our control, your flight may be delayed. Although we can accept no liability for any delays, we will do our best to provide the following services in the event of a delay.
Delay service offered 4 - 6 Hours Light Refreshments 6 - 10 Hours Main Meal For delays over 10 hours a decision will be made in liaison with the airline concerned as to what provisions will be made for your comfort. Please remember that it may be possible to make an insurance claim for any flight delays. If you have chosen to purchase our insurance policy, you will be offered compensation for delays of more than 12 hours. If you have not purchased our insurance, it is your responsibility to ensure that you are fully protected against flight delays. We cannot accept any liability for any payment you have to make unless we have given our permission beforehand, or for any time lost on your holiday as a result of any delay.
10. If anything goes wrong
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately, who will endeavour to put things right. Before complaining, please consider whether you have taken into account our 'WHAT YOU NEED TO KNOW' section. Your complaint will be recorded on a Customer Service Report Form, which will be given to you by our Representative. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Libra Holidays, Castle House, 21 Station Road, New Barnet, Herts, EN5 1PA, giving your bookingreference & all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a Customer Services Report form whilst in resort.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
Please note that under article 15(9) of the EC Directive - The Package Travel Regulations 1992, you have an obligation to make your complaint known in resort to our local representative. The Directive states the following: "the consumer must communicate any failure in the performance of a contract which he perceives to the supplier of the services concerned and to the organiser and/or retailer in writing or any other appropriate form at the earliest opportunity".It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to Arbitration under a special scheme which, is arranged by the Association of British Travel Agents (ABTA), but is administered quite independently by the Chartered Institute of Arbitrators.The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for over £5,000 for each person or £15,000 for each booking form or to those which are only or mainly to do with physical injury or illness or the consequences of any injury or illness. The scheme can deal with general compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The rules of the scheme say that you must apply for arbitration within 9 months of the date you return from holiday, although in special circumstances, it may still be offered outside this period. There may be occasions where at the time of booking we agree to changes to the contract terms. Other than this, no travel agent can change the term of the contract which include any statement appearing in the brochure, including descriptions of any hotel or apartments without our specific agreement.
Full details of the scheme are available from ABTA at 68-71 Newman Street, London W1P 4AH.11. Ticket conditions
When you travel by air, sea or land, the conditions of carriage of that airline/boat/coach company apply, some of which limit or exclude liability for certain events. These conditions are the subject of international agreements between countries and will be made available for inspection at the offices of Libra Holidays; copies will be available on request. We will not be responsible if you arrive late for the specified check in time or for the flight nor can we accept any responsibility for any loss by you for your holiday travel tickets, vouchers or coupons. A charge of £5 per person (to a maximum of £25 per booking) will be made for ticket re-issue. This would take effect where your ticket was either lost or misplaced, but not for any name changes. Where your ticket needs to be amended for any name changes you will be charged in accordance with condition 3.It is imperative and a strict condition of booking that you confirm your inbound flight details not more than 48 hours and not less than 12 hours prior to your previously notified flight time (*72 hours if the reconfirmation period falls over a public holiday). This can be done with the local office noted on your itinerary, or our Head Office in London. We can accept no liability for clients who fail to comply with this condition and, due to flight change, miss their return flight. The times quoted on your documentation are local times. It is important that passengers check-in at least 2-3 hours before the flight departure time. If your outbound journey is not utilised the inbound reservation is automatically cancelled.
Important Note: Council Regulation (EC) No 202/97 applies to air carriers granted an operating licence in a Member state of the European Community. For such carriers, there is no limitation on the damages that may be claimed if a passenger sustains death or bodily injury by accident whilst on board or in the process of embarking on or disembarking from its aircraft. Such carriers shall not be liable to pay more than the equivalent in local currency of 100,000 SDR if the carrier proves that he and his agents look at necessary measures to avoid the accident or that it was impossible for him or them to take such measures. However, the carrier may be exonerated wholly or partly from liability by any negligence of the passenger, which causes or contributes to the accident in accordance with applicable law. In the event of death an initial payment shall not be less than the local currency equivalent of 15,000 SDR. Carrier reserves the right to reclaim such payment(s) in the event that the payee has been incorrectly identified or the payment(s) exceed carrier's liability because of the negligence of the payee or the passenger. Carriers are insured according to conditions governing their operating licence. For full information see individual carrier's conditions of carriage.12. Documentation and insurance
It is your responsibility to ensure you are in possession of a valid passport and any visa, which might be necessary. Non British Passport holders are required to check with the consulate of the country to which they intend to travel for visa requirements. It is a condition of booking that you take steps to adequately insure yourselves before travelling. You must therefore either take out our travel insurance or alternatively arrange a policy yourself which is at least as good as that provided through us. Failure to purchase adequate travel insurance may result in our cancelling your holiday and levying appropriate cancellation charges. If you hope to travel to another country, perhaps on an excursion, outside your holiday destination you must ensure that you are adequately insured for travel to that country. Please check with your travel insurer for details.
Passport Reminder
All British Citizens now need a full 10-year British Passport for all overseas visits. It is essential that you travel with a valid passport and it is your responsibility to check that your passport is valid on the dates that you travel. If you need to apply for a passport or renew an existing one, you must do so well in advance of travel.13. All inclusive properties
All-inclusive normally includes all meals and some local drinks during designated times of the day. The choice of drinks available varies from property to property. Please refer to the individual property descriptions in our brochure or viewdata for further details.14. Impaired mobility
Libra Holidays, in line with most Tour Operators, endeavour to accommodate all customers, including those with disabilities. However, our experience indicates that certain holidays are not suitable for customers who rely upon wheelchairs for mobility or have certain other disabilities. To ensure the suitability of the holiday you have chosen, we strongly urge that you or your Travel Agent telephone the Customer Services Department on 0870 2415190 prior to booking.15. System errors
In the event of a costing error being given either by our reservations/Viewdata System or appearing on the confirmation invoice, the price/costing as appears in the brochure or relevant late availability offer will prevail. Accordingly, you may not seek to rely on any brochure or reservations/Viewdata system errors with a view to obtaining a holiday at less than the correct cost. Please note that any contract entered into upon a mistake, such as a wrong costing, is not valid or binding.16. What you need to know
The information in the 'WHAT YOU NEED TO KNOW" feature and other relevant details in our brochure which affect your chosen holiday are incorporated in these conditions and these must be read carefully and accepted by you before you enter into contract with us. Failure to take these matters into consideration before you book may lead to subsequent disappointment, for which we cannot accept responsibility.
5. Terms and conditions when the supplier is Thomas Cook
Thomas Cook acting as a Carrier for non Thomas Cook Airlines flights
Please read these booking conditions carefully, since they, along with the other information in our brochure or on our website, set out the terms and conditions of the contract between you and Thomas Cook Tour Operations Limited. Our obligations to you may vary depending upon whether what you book with us is a Package or a Flight, and our differing obligations are set out below, in three separate sections. Section A contains the conditions which will apply to both Packages and Flights. Section B contains the conditions which will apply when you book a Package, and Section C those which will apply when you book a Flight. A Package exists if you book two or more different holiday components (excluding insurance) with us at the same time. This will be flights and car hire. A Flight is when you make a booking with us for a flight only. Where we sell you a Flight, we act as the booking agent, except where the Flight is provided by Thomas Cook Airlines, where we act at the principal.
SECTION A - ALL BOOKINGS
Brochure or Website information and prices
We publish brochures up to many months before you actually go on holiday and as far as we know, all information is correct at the time of publication. However, things may still change and after the brochure or our website has been published we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system so you will receive the latest information when you make your booking. If you have already booked, we will do our best to let you know about any changes before you travel.
Booking your HolidayBefore you book your arrangements please discuss your choice of arrangements with the travel agent, or our reservations staff, to make sure it will be suitable for you and the people you will be travelling with. The person who signs the booking form is the 'lead name'. He or she must be over 18 years old and is responsible for payment of the total holiday price, including any insurance premiums, cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by signing the booking form, confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information contained in the brochure. When you book your arrangements, payment will depend on whether you book a Package or a Flight. For Flights, and Packages you will have to pay either the deposit of £25 or £50 depending upon destination; or the full cost of the arrangements if it is 10 weeks or less before you go. On the invoice, pay particular attention to the date your final payment is due as we may cancel your arrangements if you do not make your final payment on time. If we do this we will keep your deposit.
If you have a special request for anything that is not automatically part of your arrangements, please check when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice confirms we have received it but does not guarantee that we or the relevant supplier can meet your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that it will be met, e.g. special meal types on flights, etc. You must be 18 or over on your departure date if you want to travel without an adult accompanying you. If you are 17 on your departure date, we will only allow you to travel without an adult if your parent or legal guardian signed the booking form in front of the travel agent when you booked the arrangements. We may ask you to send us a photocopy of their passport showing their name and signature. We will not accept written permission from a parent or legal guardian unless we can check the signature. If you are 16 or under on your departure date you must be accompanied by an adult of 18 or over. Once you have booked, within 7 days we will issue an invoice confirming the arrangements and the price. A contract will then exist between us. If you book through one of our authorised travel agents, they will hold all the money you pay for your arrangements on our behalf. Please check the details on your invoice carefully. If you have any questions, or anything does not appear to be right, you must contact your travel agent or our reservations staff immediately.
We will provide your personal information as well as any personal information you provide in relation to the persons whose arrangements have been requested by you, to suppliers and carriers that might be located outside the UK and/or EU, to enable the operation of the service requested by you. If you make special requests, which include, but are not limited to, special dietary, religious or disability related requirements, which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services to you.
Cancellations by us
If we have to cancel your arrangements for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you alternative arrangements of equivalent or superior quality at no extra cost, or less expensive arrangements, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can make another booking with us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your arrangements within 8 weeks of departure except if we are forced to do so because of unusual circumstances we could not foresee where we could not avoid the results of those circumstances even after taking all reasonable care, (see 'Circumstances beyond our control' below) or if you have not paid the final amount that you owe. On rare occasions, we may also need to cancel your arrangements if not enough customers have booked to make it worth operating your flight. No compensation will be payable in these circumstances whenever they happen and we will only have to offer you the above choices.
Cancellations by you
In order to cover our expected losses for the transport services we pay for in advance, there is a set scale of charges which applies if you or anyone travelling with you cancels. You must give notice to cancel in writing and the charges shown below apply from the date we receive the notice at our offices.
Thomas Cook Extra Thomas Cook Standard Thomas Cook Basic More than 42 days Deposit 50pp Deposit 110pp Deposit 110pp 42-29 days 50% cost of holiday 50% cost of holiday 50% cost of holiday 28-22 days 70% cost of holiday 70% cost of holiday 70% cost of holiday 21-8 days 90% cost of holiday 90% cost of holiday 90% cost of holiday 7 days or fewer 100% cost of holiday 100% cost of holiday 100% cost of holiday Before you travel
You must take out insurance suitable for your needs before you travel. We cannot be responsible for any costs you incur as a result of failing to do so. For your own peace of mind the insurance should cover you if you have to cancel your arrangements, or for any emergencies which arise while you are away. We recommend the insurance we offer as it provides cover which meets most people's needs. Please check your policy when you receive it and take it with you on holiday.
Minor changes by us before travel
Minor changes include departure times changing by less than 8 hours, non stop flights becoming direct or non direct flights, if the cumulative effect is 8 hours or less, or changing airline or aircraft type. We do not have to tell you about minor changes before you depart and we will not pay compensation.
Suppliers' Conditions
Our suppliers, namely airlines and car hire companies, have their own conditions of carriage or booking conditions, and you will be bound by these so far as the relevant supplier is concerned. Our suppliers' conditions will also apply to your contract with us, and in the event of any conflict between the suppliers' conditions and our conditions, the suppliers' conditions will prevail, save to the extent that any term in the suppliers' conditions is deemed to be invalid or unenforceable, in which event these conditions will prevail. Some of our suppliers' conditions may limit or exclude liability on the part of the relevant supplier, and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the office of the relevant supplier.
Circumstances beyond our control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, expenses, losses or any amount or otherwise accept responsibility if we have to change your arrangements after departure, or we or our suppliers cannot supply your arrangements as we had agreed, or you suffer any loss or damage of any description as a result of circumstances beyond our control. When we refer to circumstances beyond our control, we mean any event which we or our supplier in question could not foresee or avoid even after taking all reasonable care. Such circumstances will usually include war, terrorist activity, civil unrest, industrial dispute, and bad weather (actual or threatened).
Your Responsibility
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or own staff, or put them in danger, we may end your travel arrangements and this could mean we prevent you from boarding the aircraft. We will deny boarding or impose additional conditions of carriage on any passenger, for example, who is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, refunds, or meet any expenses you suffer as a result.
If you have a complaint
We aim to provide the best arrangements possible. However, if you are not satisfied with your arrangements please complain as soon as possible to the relevant person. If they cannot help you must tell your Thomas Cook representative and we will do everything reasonably possible to sort the problem out. If you are still not satisfied, ask your rep for a Customer Relations Report Form. Fill this in and return a copy of it to him or her. You will have to keep a copy. When you get back home, send your copy to our offices in the UK, together with a covering letter, within 28 days of returning home. If you have special needs which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. The address to send the completed form and covering letter to is:
Customer Relations Department
Thomas Cook Tour Operations Limited
2/4 Godwin Street
Bradford
BD1 2ST.
E-mail: Customerservice@thomascook.comWe should point out that failure to follow the above procedures, and/or failure to complain as set out above within 28 days of your return may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you done so, you or we could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if we are not told about it during the holiday and reasonably quickly once the holiday is over. Your right to compensation may be reduced or extinguished, should any delay in your complaint being notified during or after the holiday, prevent us from carrying out a proper investigation. We aim to sort out all complaints ourselves, but if this is not possible your complaint can be considered under a scheme devised by the Association of British Travel Agents and administered by the Chartered Institute of Arbitrators. We will give you details of this scheme if you ask. The scheme does not apply to claims over £15,000 in total or more than £5,000 a person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact the Chartered Institute of Arbitrators within 9 months of returning from your Holiday. Thomas Cook Tour Operations Limited The Thomas Cook Business Park Coningsby Road Peterborough PE3 8SB. Registered in England No. 1450464.
Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes.
SECTION B - PACKAGES
Changes by us
From time to time we may have to change details of the arrangements you have booked. If any change will have a significant effect on your arrangements we will tell you or your travel agent about it before you depart, if there is time. Changes we will tell you about include a change of your UK airport, and a change of more than 8 hours to the time you leave the UK or your destination; if you do not want to accept a significant change, which we will tell you about before you depart, we will, if we are able to do so, offer you alternative arrangements of equivalent or superior quality at no extra cost, or less expensive arrangements, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can make another booking with us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your arrangements and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. If we have to tell you about a significant change before you travel, (unless the change is as a result of circumstances listed in the paragraph below headed "Circumstances beyond our control") we will pay you compensation as shown in the table below. The amounts in the table are the minimum compensation payments you will receive in this event.
Time before departure when we will tell you about the change Compensation if you accept the change or book another Thomas Cook holiday Compensation if you cancel your holiday and take a full refund Within 8 weeks 15 15 Within 6 weeks 30 15 Within 4 weeks 45 15 Within 2 weeks 60 30 Compensation payments relating to a child for which you have paid a child price are half the amounts shown (up to a maximum of the child price paid).
Changes made after travel
If, after your departure, a significant part of your arrangements cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you suitable alternative arrangements or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
Flight delays
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the airline. If you have taken out our recommended holiday insurance or a comparable policy you should have cover against delays.
Changes made by You (excluding name changes)
If you want to change any of your arrangements please contact your travel agent or us immediately and we will do all we can to help you. Our normal cancellation charges (below) will apply if you need to make any changes to these arrangements. The minimum cancellation fee is the booking deposit paid, dependant on the arrangements booked. We will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition we will also charge an administration fee of £15 per person, per change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made. Note that any change to dates of travel cannot be made less than 2 weeks before departure without incurring cancellation changes. If the changed arrangements are more expensive than those originally booked, you must also pay the price difference. The costs shown are per change per person. If you cancel any 'optional extras' for which there is a charge, you will either lose any deposit you have paid for the item, or pay a fee of £15 for each 'cancelled extra'. If you cancel any holiday insurance you booked through us your premium will not be refunded, as cover under the policy will already have been obtained.
Name Changes before Travel
Thomas Cook Extra Thomas Cook Standard Thomas Cook Basic Notice given 42 days or more Notice given less than 42 days Notice given 42 days or more Notice given less than 42 days Notice given 42 days or more Notice given less than 42 days Name changes Unlimited name changes free 15 for each name change 15 for each name change 25 for each name change 15 for each name change 25 for each name change Price Guarantee
The price of your travel arrangements can be varied due to changes in: transportation costs eg fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and us, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations.
In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations than this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. 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 you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, in the terms set out in respect of major changes in the clause entitled "Changes by Us", to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact in the price of your travel due to contractual and other protection in place.
Our Responsibility
(i) Our obligations, and those of our suppliers providing any service or facility included in your arrangements, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your arrangements may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your arrangements will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
(ii) For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (iv) and (v) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation. However, the maximum amount of compensation which we will pay you in any circumstance will be twice the price of your arrangements. This maximum will only be payable when every aspect of your arrangements has gone wrong and you have not received any benefit from them. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions) will be deducted from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your arrangements, we accept, and will only have, liability subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation.
(iv) We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure to provide, or failure in, your arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If your baggage is lost, damaged or destroyed in any circumstance not subject to the Warsaw Convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements.
(vi) If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.
(vii) You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your arrangements or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your arrangements.
(ix) If you or any member of your party suffers illness, injury or death, through misadventure, as a result of any activity which does not form part of your contracted arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
SECTION C - FLIGHTS
Our Responsibility
Save in respect of Thomas Cook Airlines, we act only as the booking agent for the airlines providing the Flights featured in our brochure or on our website, and we accept no liability whatsoever for any death, personal injury, loss or damage of any kind, unless caused by our own negligence.
Where we sell Flights with Thomas Cook Airlines, we act as principal so your contract of carriage is with us and Thomas Cook Airlines provide the Flights on our behalf. Our liability to pay you compensation and the amount (if any) of compensation payable to you by us in respect of any such Flight will be limited in accordance with the provisions of the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Protocol of 1975) ("the Convention"). For the avoidance of doubt, this means that when we sell you a Thomas Cook Airlines Flight, we have the benefit of all the limitations of liability and compensation contained within the Conventions.
If your baggage is lost, damaged or destroyed in any circumstance not subject to the Warsaw Convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements.
Changes by us before travel
From time to time we may have to change details of the Flight you have booked. If the changes are significant, we will tell you or your travel agent as soon as possible. Changes we will tell you about include a change of your UK airport, and a change of more than 8 hours to the time your leave the UK or your destination. Where the Flight concerned is a Thomas Cook Airlines Flight, if you do not want to accept any such change we suggest, you can choose another [Thomas Cook Airlines] Flight from us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Flight and receive a full refund of any money you have paid. If we have to tell you about a significant change before you travel (unless the change is a result of the circumstances listed in the paragraph above headed ("Changes for reasons beyond our control") we will pay compensation as shown below:
Time before departure when we will tell you about the change Compensation if you accept the change or book another Thomas Cook holiday Compensation if you cancel your holiday and take a full refund Within 8 weeks 15 15 Within 6 weeks 30 15 Within 4 weeks 45 15 Within 2 weeks 60 30 Where the Flight concerned is not a Thomas Cook Airlines Flight, any offers of alternatives are at the sole discretion of the airlines concerned. Since we act as the agent of the airline, we have no liability to offer alternatives, or to accept any other liability or make any payments of compensation.
Changes made by You (excluding name changes)
If you want to change any of your arrangements please contact your travel agent or us immediately and we will do all we can to help you. Our normal cancellation charges (below) will apply if you need to make any changes to these arrangements. The minimum cancellation fee is the booking deposit paid, dependant on the arrangements booked. We will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition we will also charge an administration fee of £15 per person, per change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made. Note that any change to dates of travel cannot be made less than 2 weeks before departure without incurring cancellation changes. If the changed arrangements are more expensive than those originally booked, you must also pay the price difference. The costs shown are per change per person. If you cancel any 'optional extras' for which there is a charge, you will either lose any deposit you have paid for the item, or pay a fee of £15 for each 'cancelled extra'. If you cancel any holiday insurance you booked through us your premium will not be refunded, as cover under the policy will already have been obtained.
Name changes Before Travel
Thomas Cook Extra Thomas Cook Standard Thomas Cook Basic Notice given 42 days or more Notice given less than 42 days Notice given 42 days or more Notice given less than 42 days Notice given 42 days or more Notice given less than 42 days Name changes Unlimited name changes free 15 for each name change 15 for each name change 25 for each name change 15 for each name change 25 for each name change Price Increases
Some airlines' conditions may reserve the right to levy surcharges even after full payment is received and we reserve the right to pass these on to you in full.
6. Terms and conditions when the supplier is Olympic Holidays
Please read the following terms and conditions carefully. They apply to all holidays and flights supplied by Olympic Holidays and they deal with your rights and obligations to us and ours to you.
Security:
Olympic Holidays and Odyssey Holidays are trading names of Travelworld Vacations Ltd which will be the other party to the contract created when you book holiday/flight arrangements from this brochure. We hold an Air Travel Organiser's License ("ATOL") number 4108 issued by the Civil Aviation Authority and this covers all holiday and flight arrangements in this brochure. This means that when you book a holiday or flight arrangement with us you can be entirely confident that in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured and, if you are overseas, that full arrangements will be made to repatriate you at the end of your holiday. We are also members of ABTA (the Association of British Travel Agents) number V8302. This guarantees our standards of trading.
Your contract with us:
When you book a holiday or flight arrangement with us, a contract between us will only come into effect when we send you a written confirmation of your booking. If you book late (within 21 days of your scheduled departure date) when there is not enough time to send you written confirmation, the contract between us will come into effect when we or our authorised agents tell you that your booking is confirmed. When the contract comes into effect, we become responsible to provide you with the holiday or flight you have booked, and you become responsible to pay for it, in each case subject to these terms and conditions.
Please note that it is important you check carefully the written confirmation when you receive it, or if booking late that all details are as you require them. Our obligation is to provide the arrangements you have booked as described in this brochure and confirmed to you. If you wish to change or cancel those arrangements later, you may have to pay an amendment or cancellation charge and additional costs (see below) which may be as much as the whole of the original price of your arrangements.
In parties of two or more people, the person who actually makes the booking by telephone or other means is the person with whom we make the contract and that person accepts responsibility for making all payments to us for all members of the party. Conversely, we will send all documents and other information to that person alone, who will be responsible for ensuring that all other members of the party are kept fully informed.
Prices:
All prices shown in this brochure are in pounds sterling per person. This brochure is published many months before the start of the arrangements to which it relates, and we therefore reserve the right to change the prices shown in it at any time before you book. If we do, you will be told of the revised price applicable to the arrangements you require before you commit yourself. The price of your travel arrangements can be varied due to changes in transportation costs e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between ourselves and the airlines we use, Government action such as increases in VAT or any other Government imposed increases (whether in the UK or overseas) and currency in relation to adverse exchange rate variations.
In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements (which excludes insurance premiums and any amendment charges) will be absorbed or retained. For larger variations will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid except for any amendment charges. 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 you decide to cancel for this reason you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes (see 'If we make changes below') to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out in that section. 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.
Please note that in the event of any conflict between the price given in this brochure or (if issued later) any late availability circular, and the price given by any viewdata system or verbally, the price given in this brochure or the relevant late availability circular will prevail.
Payment:
The total price of the arrangements you have booked is payable:Please note that your booking may be cancelled if you do not make payment on time (and we will not normally send reminders) and if it is, cancellation charges as set out under "If you cancel" (see below) will be payable by you.
- If you book more than 8 weeks before your scheduled departure date, a deposit of £49.00 per person (excluding infants of under 2 years of age on the date of return) plus any insurance premiums is payable when you book, and the balance will be payable 8 weeks before your scheduled departure date. If you book less than 8 weeks before your scheduled departure date, then the full price is payable when you book.
- Payment may be made by cash, cheque (providing there is time to clear it to meet the payment schedule shown above - you should allow 10 working days for clearance from the time we receive it) or any major credit or debit card.
- If you book through a travel agent, any money which you pay to that agent under or in contemplation of any contract with us is held by them on our behalf until the date of actual payment to us.
Special requests:
If you have any special request, which is not mentioned in connection with the arrangements described in this brochure (for example dietary requirements or a need for special assistance) please inform us. We will always do our best to meet such requests but cannot guarantee to do so, and in no circumstances will any such request be accepted by us so as to form part of our contractual obligations.
Insurance: It is a condition of booking with us that you take out travel insurance. This cover is, we believe, adequate for most purposes and unless you specifically refuse it when booking, you will be automatically covered by it and the premiums will be added to the price of the arrangements you have booked. If you do not accept our insurance, however, you must be covered by other suitable insurance arrangements covering at least the cancellation of your booking, and providing medical cover for illness or injury while overseas. You must provide us with the name of any alternative insurers when you book with us or as soon as possible thereafter. If you have not provided us with the name of any alternative insurer within 14 days of booking (or 3 days before departure if booking late) we reserve the right to cancel your booking and refund all payments you have made to us.
While we believe that the insurance described in this brochure is adequate, if you need or wish to increase cover, or cover for any other risks, it is your responsibility to make the appropriate arrangements with the insurers direct.
If you wish to make changes after booking:
If you wish to make any changes to the arrangements you have booked after we have sent you confirmation, we will do our best to help, but will have no obligation to do so, other than allowing any member of your party who is prevented from travelling to transfer his/her booking to someone else, providing that written notice is given not less than 28 days before the scheduled departure date with full details of the proposed transfer. In these circumstances, you will remain liable with the transferee for payment of the price of the transferred arrangements, together with any additional costs arising from the transfer. In the case of any other changes, you must write to Interaction Worldwide Ltd (who provide a support service for us) at 1, Torrington Park, London N12 9SU detailing the change(s) required. If we can help we will make a fixed charge to cover administration charge as follows:In all cases any charge made by any supplier of facilities or services (e.g. the accommodation owner) arising from any change will also be passed on to you.
- Holidays/Flights based on charter flights. There will be a fixed charge of £15 per person if the change is requested 29 days or more before departure. If 28 days or less before departure the fixed charge will be £25 per person.
- Holidays/Flights based on scheduld flights. Whilst we will do our best to help, changes are not always allowed by airlines and they may treat a change as a cancellation and charge accordingly. In this case these charges will be passed on to you. This will invariably be the case if any change is requested after tickets have been issued. If we are able to make changes without incurring cancellation, our charges for administration will be the same as for a charter flight (see above).
If you charge the number of people in your party, the price of the arrangements will be ecalculated for the new party size. If, for example, a party is reduced in size this may mean that accommodation is under-occupied and therefore each member of the party may have to pay an increased price. You should note that any increase in price because of changes you have requested is not a cancellation charge, even though it may arise because a member of your party has cancelled, and is not therefore covered by the insurance we offer.
If you cancel:
Because we start to incur costs in relation to your arrangements from the time we confirm your booking, if you cancel we have to make a charge, and the nearer to your departure date you cancel, the more the charge will be. If you wish to cancel a confirmed booking, you must do so by writing to Interaction Worldwide Ltd at 1, Torrington Park, London N12 9SU. It is recommended that letters are sent by recorded delivery post. Cancellation takes effect from the date your letter is received. Cancellation charges will be as shown in the table below (which also applies if we cancel because you have failed to make payments on time - see "Payment" above) and will be payable immediately on cancellation.
Number of days before departure on which notice of cancellation is received Cancellation charges as a percentage of the total holiday price (excluding insurance premiums) More than 49 days £49 per person between 49 and 43 days 35% (or £49 per person if greate between 42 and 29 days 55% (or £49 per person if greater between 28 and 15 days 75% (or £49 per person if greate between 14 and 8 days 90% 7 days or less before departure,
or if you do not check in for your flight.100%
Remember that if one or more of your party cancels this may also mean that the price of the arrangements for the remainder of the party may increase to reflect this.
If you have to cancel for a reason covered by insurance (whether arranged through us or otherwise) and follow the procedure laid down by insurers, you should be able to reclaim the cancellation charges.
Please note, however, that insurance premiums do not form part of the price of your arrangements and are not refundable in any circumstances unless cancelled in accordance with the terms of the insurance.
If we make changes:
Because this brochure is published many months before the start of the arrangements shown in it, we reserve the right to change any of the details shown in it at any time before we confirm your booking. If any such details are changed, you will be informed before we confirm your booking.
Sometimes, even after we have confirmed your booking we may have to make some alterations to confirmed arrangements. Most such alterations will be minor and of little effect on your overall arrangements, and in that case, while we will do our best to notify you of any such minor change before your departure, we will have no other liability to you.
Occasionally, however, we may have to make a significant change to your confirmed arrangements. Significant changes include the following:NB: A change of arrival airport in Cyprus does not constitute a major change.
- Change of UK departure airport (except between the airports serving London: Gatwick, Heathrow, Luton and Stansted)
- Change of your time of departure from the UK by more than 12 hours
- Change of resort area
- Change of holiday accommodation to accommodation of a lower official rating
If we have to make a significant change, we will notify* you as quickly as possible and you may then either:In addition, if you choose either the first or second option above, you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, of the amount shown in the table below.
- accept the change, and the contract between us will then be varied to incorporate the change; or
- take alternative arrangements altogether (subject to availability). If the alternative arrangements selected are of a lower price than those originally confirmed, the difference will (if already paid) be refunded to you. If the alternative is more expensive, then you will have to pay the difference; or
- withdraw from the booking completely in which case we will, as soon as possible, refund all money paid to us.
Number of days before departure
when we notify* you of a major changeCompensation in £ per person Advice in resort to 7 days £25 8 to 14 days £20 15 to 28 days £15 29 to 42 days £10 43 days or over Nil
Please note that the compensation scales shown above apply to full fare paying adults only. Children or others travelling at concessionary rates will receive compensation pro rata based on the concessionary price against the full adult price as respectively shown on the confirmation document and the brochure. Infants do not qualify for compensation. This compensation is in full settlement of and discharges all liability to you.
* Notice is deemed to have been given to you on the second day after the notification has been posted by us, or immediately you or your travel agent have been informed verbally of any change to which this section 'If we make changes' relates.
Important Note: The above does not apply when we are forced to cancel your arrangements or make changes which cause you to withdraw, or to cancel your arrangements by reason of unusual and unforeseeable circumstances beyond our control and which we could not have avoided by the exercise of all due care. In these circumstances our only liability will be to refund, as soon as possible, all money paid to us by you.
Our liability to you:
We accept liability for any damage caused to you or any person in your party by the failure to perform, or the improper performance, of the contract made when your booking is confirmed (subject to any changes subsequently agreed between us) unless:Our liability to you is, in any event limited to the lesser of the following:
- the failures which occur in the performance of the contract are attributable to you or some other person in your party;
- such failures in performance are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable and unavoidable; or
- such failures are due to:
- unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which we, or the supplier of the services (if not us) could not foresee or forestall even with all due care.
Please note any reference to, or liability for, personal injury is deemed to refer to physical injury only and excludes psychological injury, damage or trauma.
- Except in the case of damages for personal physical injury twice the price of the holiday of the person claiming (excluding insurance premiums); or
- The minimum amount payable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been applied in or ratified by the United Kingdom.
- You are reminded that providers of transport by land, sea and air have their own Conditions of Carriage which are incorporated into the contract between us and which may limit or exclude liability in certain circumstances. A copy of any such conditions which relates to your travel arrangements can be supplied on request.
Where appropriate and subject to our reasonable discretion we shall offer general assistance if you, through misadventure suffer illness, personal injury or death during the period of your holiday but arising out of any activity which does not form part of the contracted services. If you undertake legal action, provided you do so with our prior agreement, we will meet the intial costs of such action (provided you request such assistance within 90 days of the misadventure) limited to a total of £5,000 per booking. In the event that there is a successful claim for costs against a third party or there is suitable insurance in force, any costs which we actually meet maybe recovered from you.
Complaint procedure:
If, while you are overseas, you or any member of your party has any complaint about the performance of any of the services provided as part of the arrangements we have confirmed, you must firstly raise your complaint with our local representative who will do his best to resolve the matter to your satisfaction on the spot. If this cannot be achieved, the representative, agent or supplier will ask you to complete a report outlining your complaint which he will then forward to us. We cannot accept any claim on your return from holiday unless this procedure has been followed.
On your return to the United Kingdom, if you still wish to pursue your complaint, you must write to Interaction Worldwide Ltd at 1, Torrington Park, London N12 9SU or email: cservices@olympicholidays.co.uk quoting your booking reference number and giving all relevant details of your complaint. Interaction are authorised to deal with all complaints and claims made against us and it is important that they are enabled to investigate all complaints quickly, and we therefore ask that your letter is received within 28 days of your return to the UK. Please note that we cannot accept any correspondence or claims from any other member of your party (although you may write on their behalf). If Interaction do not hear from you within that period, you will be deemed to have waived any claim you might have had against us. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £15,000 per booking form. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
Flights:
The flight times in this brochure are given for guidance only and they can be subject to change as a result of decisions of the various UK and overseas airport scheduling committees or for various other reasons. Please check your tickets carefully when you receive them as they will have the actual flight timings on them. It is against these times that your entitlement to compensation, or to cancel your booking under 'If we make changes' above will be measured.
You are reminded that Captains of aircraft have absolute authority over the aircraft and its passengers while boarding or in flight. The Captain or other authorised representative of the airline can refuse to carry anyone if they are unruly, unfit to travel, or a danger to the flight or other passengers. If you or any member of your party is refused carriage in these circumstances, the contract between us will terminate immediately and we will have no further responsibility for, nor liability to, you or any member your party.
Termination/Indemnity:
When you book arrangements with us you accept responsibility for the proper conduct of yourself and your party while those arrangements are being provided. If your behaviour or that of any member of your party is such that it causes or is likely to cause distress, damage, danger or annoyance to any of our clients, employees or anyone else responsible for providing any part of your holiday, we may terminate your holiday immediately and will have no further liability to provide any further service or facility, nor for any refund, compensation or any additional costs which you incur. If your actions or omissions, or those of any member of your party cause damage to any property utilised in the provision of the contracted arrangements, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify us against any claim (including professional fees and legal costs) made against us by or on behalf of the owner of such property, or the operator of the flight or other means of transportation.
Jurisdiction and Law:
The contract arising from any confirmed arrangements is to be interpreted according to, and subject to the laws of England, no matter where you live or book your holiday, and both you and we agree that the Courts of England shall have exclusive jurisdiction over any claim or dispute under or concerning it. We agree any action or proceedings brought against Travelworld Vacations Ltd may be served at the offices of Interaction Worldwide Ltd, 1, Torrington Park, London N12 9SU and if served there, we will accept them as having been validly served upon us.
Terms and conditions when the supplier is CT2/LOCO
Your contract is with HCCT (Holidays) Limited, a member of ABTA.
These booking conditions apply to any booking which you make with us, so you should read them carefully. They contain some exclusions and limitations of liability.
Our (CT2/LOCO) air flights' are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 2067. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk
Your Flight Only Contract
When you make a booking you guarantee that you have the authority to accept on behalf of your client the terms and conditions. A contract will exist, for internet bookings as soon as the booking is confirmed over the web. This contract is made on the terms of these booking conditions which are governed by English Law and the jurisdiction of the English Courts. However, if your have booked your flight in Scotland or Northern Ireland disputes may be dealt with by the courts in Scotland or Northern Ireland as appropriate.Your Financial Protection
We are a member of ABTA, holding ATOL No. 2067 issued by the Civil Aviation Authority, which provide for your protection in the event of our insolvency.Our Flight Only Price
When you make your booking the relevant amount due, plus any insurance premiums, will be added to your account to be paid as per our agreed credit terms. The person making the booking accepts responsibility for payment for all the persons on the booking, and is responsible for informing all party members of the relevant booking details.
The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser. Also government changes in VAT or any other government imposed changes. CT2/LOCO also reserves the right to increase the ticket price to reflect any currency adjustments.
Even in this case, we will absorb an amount to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means that you have to pay more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive full refund of all monies paid, except for any premiums paid to us for holiday insurance and any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.What's Included
Flight(s) to and/or from your resort airport.
Airport and security charges in the UK and abroad and compulsory government tax.
VAT on all travel arrangements.
Free luggage allowance on charter flights of 20kgs per person (excluding infants) unless stated otherwise on your tickets and one small piece of hand luggage per person weighing less than 5kgs.If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £15, and any further cost we incur in making this alteration. 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.You Cancel Your Booking
You, or a member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in canceling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown: -
Period before departure within which written notification is received by LOCOFlights.com/CT2 Amount of cancellation charge incurred (% of total Flight Only price excluding insurance premiums) 56 days or more Deposit Only 29 - 55 days 50% 22 to 28 days 60% 0 to 21 days 100%
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.We Change Or Cancel Your Flight Only
It is unlikely that we will have to make changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majored. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, we will pay you compensation as set out in this clause.
Please note that carriers such as Airlines used by CT2/LOCO may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, or changes of aircraft type.
If we make a major change to your flight, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or canceling your flight and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
Period before scheduled departure date within which a major change is notified to you or your travel agent Amount of cancellation charge incurred(% of total Flight Only price excluding insurance premiums) including amounts paid on children's holidays More than 56 days Nil 29 - 55 days £10 8 to 28 days £15 0-7 days £25
FORCE MAJEURE: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.Travel Insurance
When you book travel arrangements with us, you must take out our travel insurance or another policy that offers the same or greater protection. The cost of medical treatment, repatriation and other services overseas can be high. An insurance policy cannot be transferred to another person.Infants
Please note that in accordance with navigation orders in order to qualify for infant status, a child must be under two years of age on their return flight.Unaccompanied Minors
We use a variety of airlines. Children between the ages of 6 and 11 may travel unaccompanied on some airlines, however not all airlines allow this. We would therefore suggest that the relevant airline is contacted for confirmation.Reconfirm
It is an important condition of booking that you reconfirm your inbound flight details with the local office noted on your itinery (not the airport authorities) not more than 48 hours and not less than 24 hours prior to the previously notified flight time. We cannot accept liability for clients who fail to comply with this condition and due to a flight change miss their return flight.Conditions of Carriage
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices.
This is our responsibility, as your tour operator and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.Travel Documentation
It is your responsibility to have valid travel documentation. We will look to recover from you any fines imposed upon your carrier or CT2/LOCO as a result of your holding incorrect or improper documentation.Checking Inbound Flights
On some flights you can be asked to confirm your inbound (return) flight details with the overseas office, telephone number of which appears in your ticket itinerary, not more than 48 hours and not less than 24 hours prior to the previously notified flight time. Documentation included with your tickets will advise if this requirement is necessary and we cannot accept liability for any losses or expenses to passengers who fail to comply with this condition.
The times quoted on your flight tickets are local times. It is essential for you to check in at least 2 hours before the flight departure time. If the outbound journey is not used, with the inbound flight reservation is automatically cancelled.Civil Aviation Authority Regulations
Civil Aviation authority regulations specify that both the outbound and the inbound of the air ticket must be used. In the event that the outbound flight is not used, the passenger will not be allowed to return on the inbound charter flight. Should anyone check in less than 90 minutes before the ticketed departure time, admission to the flight is likely to be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any cost involved.If You Have A Complaint
If you have a problem with your Flight, please inform us by letter from the lead passenger within 28 days of your return home by writing to our Customer Services Department at CT2/LOCO, Fourth Floor, Jackson House, Sibson Road, Sale, Manchester, M33 7RR giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.Special Requests
You must inform us at the time of making your booking of any special requests which you may have so that we are able to make arrangements, as far as reasonably possible, to cater for them. However, we cannot guarantee that we will be able to cater for all special requests. We may have to make a charge to meet the cost of providing them. Please note that such requests do not form part of our contractual obligations and we have no liability to you if they are not met.What Happens To Complaints
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to Arbitration under a special scheme which, is arranged by the Association of British Travel Agents, but is administered quite independently by the Chartered Institute of Arbitrators.
The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £1,500 per person or £7,500 per booking form. Also it does not apply to claims which relate to physical injury or illness. If you choose to proceed to Arbitration under this scheme, you must send a written notice of your decision to ABTA within 9 months after your scheduled date of return.
Full details of the scheme are available from the Association of British Travel Agents at 68 - 71 Newman Street London W1P 4AH.Our Liability To You
(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of twice the cost of your travel arrangements excluding any amendment charges or insurance premiums. (ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law. (iii) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our offices at CT2/LOCO, 4th Floor, Jackson House, Sibson Road, Sale Manchester M33 7RR or 0870 756 2000. (iv) We cannot accept liability where the failure to perform the contractor or improper performance of the contract is due to: -(a) acts and/or omissions of yourself or any member of your party. (b) The fault of someone else, not connected with the provision services contracted for and is unforeseen or unavoidable. (c) Any circumstances, unusual or unforeseeable, beyond our control, which could not have been avoided even if all due care had been excised.(d) Any event which we, or the supplier of any part of the contract, even with all due care, could not foresee or forestall.Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.
Details correct at date of printing 16th March 2005
Terms and conditions when the supplier is Cosmos
All bookings are subject to the following terms and conditions. Please read them carefully. In these terms and conditions “we” “us” and “our” means Cosmos Holidays plc.We sell charter flights. Your contract will be with us and is subject to the terms and conditions below.
1. The Head Office of Cosmos Holidays plc is at Prospect House, London Luton Airport, Luton, Bedfordshire. Cosmos Holidays plc is a member of The Association of British Travel Agents (Membership No. V0531) and is fully bonded by the Civil Aviation Authority under Air Travel Organisers' License (ATOL) Number 2275. The charter flights we offer are therefore ATOL protected. In the unlikely event of our insolvency, if you have bought a charter flight, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk When your travel agent or we confirm your booking, a legally binding contract between you and us, comes into existence.
Your contract with us and all matters and disputes which arise out of it is governed by English Law. We both agree that any dispute, claim or other matter by the English Courts unless you live in Northern Ireland or Scotland, in which case the courts of Northern Ireland or Scotland (as appropriate), deal with any disputes.
N.B. Your calls may be recorded or monitored as part of our customer service training scheme. A copy of our privacy statement is published on our Website at www.cosmosholidays.co.uk Alternatively, you may wish to request a copy from our Customer Services Department on 0870 160 8182.
2. How do I make a booking?
You can make your booking through a travel agent or by telephoning us direct on 0870 145 5009 or through our website www.cosmosholidays.co.uk. All monies you pay to one of our authorised travel agents for your booking with us will be held by the agent, until they are paid to us or refunded to you. Full payment for bookings made via our Website is required at the time of booking. For long haul charter flights you must pay a deposit of £100.In addition, payment of all applicable insurance premiums (if required) is due at the time you make your booking. You must pay the rest of your balance (if applicable) 8 weeks before you depart. If for any reason the balance is not received by us or your Travel Agent on time, we or your Travel Agent will write and tell you that the payment is overdue. If it is still not received by us or your Travel Agent within 7 days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you and keep your deposit. If we do not cancel straight away because you have promised to make payment, you must in addition pay the cancellation charges shown in section 7 depending on the date we reasonably treat your booking as cancelled. If you book your travel arrangements 8 weeks or less before departure, you must pay the full cost at the time of booking.
Payment can be made by credit/debit card, but if you wish you may pay the balance by cheque or postal order. For any payments made my credit card, there will be a processing charge which will be advised to you at the time of booking.
3. Following confirmation of your travel arrangements, we will issue a confirmation invoice. Please check the invoice and all other documents you receive from us (including tickets and insurance details) as soon as you receive them. Contact us immediately if any information which appears on the confirmation seems to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
To the best of our knowledge all our published information is correct at the time of publication. It does not commit any of the carriers/independent organisations mentioned or any carrier whose services may be used by us in the course of any flights. Please note, advertised information and prices may have changed by the time you come to book your chosen travel arrangements. Whilst every effort is made to ensure the accuracy of information and prices , regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements with your travel agent or us at the time of booking. Where there appears to be an obvious pricing error your travel agent has an obligation to point out such pricing errors to us.
Our Obligation To You
4. If we change or cancel your flight before you leave.
We try to avoid making any changes to travel plans. However, as they are planned many months in advance occasionally, we have to make changes to and correct errors in published details both before and after bookings have been confirmed and cancel confirmed bookings. We must reserve the right to do so.Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know we can reasonably expect to have a significant affect on your travel arrangements. Significant changes are likely to include the following changes when made before departure.
A change in the time of departure or return by more than 12 hours from the original.
A change of UK departure airport on your outward or return flight to one which is more inconvenient to you.
A change of destination airport where the new destination airport is more convenient for you.
A change in your flight from a day flight to a night flight if the time of your departure and/or return has changed by more than 4 hours. A night flight is defined as one planned to depart from the UK between 22.00 and 05.59 hours or arriving back in the UK between 24.00 and 05.59 hours.
If after making your booking we are advised that an aircraft will stop en route, we will advise you as soon as reasonably possible. However, such a change will not constitute a significant change.
If we make a significant change or cancel your booking we will tell you as soon as possible. If there is time to do so before departure, we will offer you one of the following options.
(1) (for significant changes) accept the change and receive compensation as shown in scale A below, or (2) cancel or accept the cancellation and receive a full refund with compensation as shown in scale B below or (3) (If we can, and there is time to do so before departure), we will also offer you at least one alternative charter flight of equivalent or higher standard (if this is less expensive than your original flight we will refund the difference but if it is more expensive we will not ask you to pay any more ) together with compensation as shown in scale A/B below as appropriate.
If you decide not to take the alternative we specifically offer you, you may purchase any other available flight from us at the applicable price. NB. The compensation shown below is the minimum we will pay you depending on the exact circumstances and the date the change or cancellation is made.
Minimum Compensation for each full fare-paying passenger
Scale A If you accept
No. of days notice we give you before departure
Compensation in £'s sterling
0 - 7 Days
40
8 - 14 Days
30
15 - 28 Days
20
29 - 42 Days
15
43 - 56 Days
10
57 Days or more
Nil
Scale B If you cancel or accept the cancellation
No. of days notice we give you before departure
Compensation in £'s sterling
0 - 7 Days
20
8 - 14 Days
15
15 - 28 Days
15
29 - 42 Days
5
43 - 56 Days
5
57 Days or more
Nil
However, compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of any of the events listed in clause 5 (Important note) below. No compensation is paid for minor changes. A minor change is any change which we could not reasonably expect to have a significant effect on your travel plans. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
Very rarely, we may be forced by "force majeure" (see clause 5) to change your return flight after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
At the time of making your booking direct with us or through your travel agent, we will advise the most up to date timings before the booking is confirmed. Timings are for guidance only and may change. The actual timings will be shown on your tickets, which you must check very carefully. It is possible that timings may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs.
5. Important Note
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept any liability, pay compensation or welfare expenses where the performance of our contractual obligations is prevented or affected or you otherwise suffer any damage or loss as a result of circumstances or events beyond our control. Such circumstances and events include war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, technical problems with aircraft or transport, closure or congestion of airports, runways, bad weather, epidemics or health risks, insolvency of airlines and all similar events beyond our control.
6. If you want to change or cancel your booking
If you want to change your booking details in any way, we will try to help you, although we cannot guarantee that we will be able to do this. The following charges apply for changes in addition to any difference in price We cannot transfer insurance premiums.
Name Change
Time before departure when change request is received by us
Cost in £'s sterling per name change
42 days or more
30
15-41 days
30
0-14 days
50
Other Changes
Time before departure when change request is received by us
Cost in £'s sterling per change
42 days or more
30
15-41 days
Cxc charges apply
0-14 days
Cxc charges apply
If you want to cancel the whole, or part of, your booking after we have accepted it, the passenger who made the booking must send signed instructions to your travel agent or us. We will ask you to pay cancellation charges on the scale shown below. These charges reflect our estimated loss as a result of dealing with your booking to the point of cancellation and any other losses we may have to pay.
Cancellation charges
Avro Charter
Time before departure
When we receive change request.
Cancellation charges are shown as a percentage of the total booking cost (excluding any insurance premiums, credit card charges and amendment fees).
42 days or more
Deposit + Amendment fees
29-41 days
60%
15-28 days
80%
0-14 days
100%
7. Fees
Insurance premiums, credit card charges and amendment fees are not refundable in the event of your cancellation. However, if you have taken our travel insurance you may be able to recover the cancellation charges less the applicable excess from the insurance company depending on the reason for your cancellation. Claims must be made to the insurance company direct.
8. Travel Insurance
When you book travel arrangements with us, you must take out the travel insurance we offer or another policy that offers the same or greater protection. You have the right to cancel the policy you purchase from us, and receive a full refund if you cancel our insurance within 14 days of making the booking, providing that you have not travelled or made a claim on the policy. The cost of medical treatment, repatriation and other services overseas can be high. An insurance policy cannot be transferred to another person under any circumstances. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
9. Behaviour
You or any member of your party may be prevented from travelling or continuing with your travel arrangements if the behaviour of the person(s) concerned is causing or is likely to cause, in the opinion of any person in authority, danger, distress or annoyance to themselves or any other person(s) or damage to property. In this case we and/or the carrier and/or other will (including any return journey) and will not be liable to make any refunds, pay any compensation or meet any costs the person(s) concerned has to pay as a result. You or the person(s) concerned must pay any costs incurred by us as a result.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.
10. Travel Documents
The passport, visa and health requirements applicable at the time of printing to British citizens for the flights we offer are shown, via a link to the Foreign and Commonwealth Office, on our website. A full British passport presently takes approximately 12 weeks to obtain although at certain times of the year this may be longer. Requirements may change and you must check the up to date position in good time before departure. The name and initials on your passport must exactly match those on the ticket or the person concerned will be refused carriage. British Citizens must hold a 10-year British Passport valid for at least 6 months after their return date of travel, and for certain destinations longer. If you are travelling to the USA on or after 26 th October 2004, you must ensure that your passport is machine-readable. If you are unsure whether your passport is machine readable, please ask at the time of booking. From 26 October 2004, anyone without a machine-readable passport will need a visa to travel to the USA. Please ask at the time of booking for further details.
Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a completed and issued form E111 (details in leaflet T6 referred to above) prior to departure.
It is the party leader's responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
11. Special Requests
We will try to pass on any special requests you tell us about when you book but we cannot guarantee they will be met. We will not always be able to tell you before you leave if we cannot meet your special requests. If your special request is vital, it must be specifically agreed with us before or at the time you book your travel arrangements. We promise to comply with any special request which we have specifically agreed. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
From time to time Airlines may change their conditions of carriage. Most Airlines charge a fee for the carriage of golf clubs and/or other named items. Please note that some Airlines now levy an administration fee, which is non-refundable, for the provision of oxygen.
12. If you have a problem
If you have a problem with any aspect of, you must report it to the Airline or other supplier or their agent as soon as possible, certainly within 7 days If your problem cannot be resolved, you must write to our Customer Services Department within 28 days of the date you travelled on the flight on which you experienced the problem, providing your booking reference.
We regret we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause. Disputes arising out of or in connection with your contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website ( www.abta.com ). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims, which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement.
13. Flight Information
The flights referred to are planned to be operated by UK and European charter airlines including our sister company Monarch Airlines. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight. We reserve the right to change airlines, aircraft types or destination airport at any time. Except for a change of destination airport, any such change will not constitute a significant change entitling you to cancel or take an alternative flight without paying our normal charges. All UK Charter Airlines have a strict no smoking policy throughout the aircraft.
14. Conditions of suppliers.
Independent suppliers provide the services which make up your flights. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
15. Liability
In respect of the Charter flights we sell we enter into a direct contract with you to ensure that you are protected by CAA ATOL Regulations (see clause 1 above). In the event that we are found liable in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount of compensation we will have to pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier. Please note, the airline is also entitled to limit its liability to you in accordance with such applicable International Convention(s) or Regulation(s). When making any payment, we are entitled to deduct any money which you have received or are due to receive from the airline for the complaint or claim in question.
Air carrier liability notice for passengers and their baggage
NB. The information notice below is required to be given by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal Convention. It does not form part of the contract between the carrier(s) and you. No representation is made by the carrier(s) as to the accuracy of the contents of this notice.
Please note however that the notice is inaccurate. It states that for damages up to 100,000 SDRs the air carrier cannot contest claims for compensation. However, the Regulation and the Montreal Convention state that for damages up to 100,000 SDRs in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, the carrier cannot exclude or limit its liability except where there is contributory negligence . Also the limit of the air carrier's liability for baggage delays, destruction, loss or damage to baggage is 1,000 SDRs in total and not, for example, 1000 SDRs in respect of delay and 1000 SDRS in respect of damage where both have occurred to the same baggage. The statement that if the name or code of an air carrier is indicated on the ticket, that carrier is the contracting carrier, does not apply in all cases .
Compensation in the case of death or injury .
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approx. £ 82,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRS (approx. £13,000).
Passenger Delays
In case of passenger delays, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRS (approx. £3,500).
Baggage Delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approx. £850).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approx. £850). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for Baggage.
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check in and by paying a supplementary fee.
Complaints on Baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States.
Essential Information
What's included in the price?
Flight(s) to and/or from your resort airport. All Airport and security charges in the UK and abroad and compulsory Government Taxes including VAT.
A baggage allowance on all flights, of 20 kilos per person (excluding infants) unless otherwise stated on your ticket. In addition to this you are permitted one small piece of hand baggage per person e.g. camera or handbag.
2. And What's Extra?
Travel insurance: see section 8
ii) An administration fee if tickets are collected at the airport. Please ask at the time of booking for further details.
iii) Excess baggage charges and fees for carriage of sport or other equipment. Most Airlines levy a charge for the carriage of golf clubs, please contact Customer Services on 0870 160 8182 for further information and prices.
v) Special catering requirements or other particular requests.
vi) Anything else not specifically included in the cost of your chosen flights
vii) An arrival tax of £10 is required in Turkey, payable in sterling, Scottish notes or Euros.
3. When can I expect to receive my tickets?
Normally, you will receive your charter tickets about 3 weeks before departure. If you book your flights close to your departure date, it may be necessary to collect your tickets at the point of departure and a fee for this service will be charged at the time of booking.
4. Infants
One infant less than 2 years old on the date of the return journey, may sit on a parent's lap on a flight for which there will be a fee. You may purchase a seat for your infant provided you bring along an approved child's car seat. Further information is available upon request. An infant requires a passport.
5. Unaccompanied Minors
We do not accept bookings for any children travelling alone under 16 years of age on the date of travel unless accompanied by an adult aged 18 years or over. Please contact us for more details.
6. When should I check in?
Please check-in for your flight approximately 2.5 hours before the departure time on your ticket. We are unable to confirm specific seats. If you arrive at the Airport later than the specified check-in time we will not accept responsibility if you are unable to travel. Your ticket cannot be transferred or refunded. For security reasons all members of your party should be present when checking in for a flight.
7. Information about my destination
There may be information from the Foreign Office relating to the country you are visiting. For details you can check on CEEFAX BBC2 pages 470 onwards, or by telephoning the Foreign Office on 0870 606 0290 or visiting their Website at www.fco.gov.uk . You can also contact your travel agent.
8. Are there any health regulations?
If you are pregnant then, please check to ascertain whether the airline on which you will be flying will accept your reservation as restrictions may apply, before you confirm your booking. Lengthy periods of immobility can increase the risk of Deep Vein Thrombosis (DVT), but there are simple steps you can take to reduce susceptibility. Take plenty of non-alcoholic drinks; get up and move about whenever possible, do some simple leg and foot exercises. Your airline may demonstrate the type of exercise. Consult your GP if you are concerned about your fitness to fly.