Booking
Conditions
Your contract is made with Jewel in the Crown Holidays Limited (Company
No. 1691427) (ATOL 3906, ABTA Membership No. W0020) whose registered
office is at Temple Bar House 23-28 Fleet Street London EC4Y 1AA
and whose principal place of business is at 3 Charlwood Court County
Oak Way Crawley West Sussex RH11 7XA. These booking conditions have
been formulated as a result of our responsibilities under law. They
do not affect your statutory rights.
1.
Your Holiday Contract:
When you make a booking you undertake that you have the authority
to accept and do accept these booking conditions on behalf of yourself
and your party. A contract will exist upon our accepting any monies
from you towards the booking or upon the issue of our Confirmation/Invoice,
whichever is earlier. These conditions in conjunction with the information
set out in our brochure form the entire agreement between ourselves
and yourself. Any advice/information given to you by your travel
agent which is inconsistent with our brochure and these conditions
will not form part of your contract with ourselves. We hold Air
Travel Organiser's Licence No. 3906 issued by the Civil Aviation
Authority which provides for your financial protection and, if applicable,
repatriation, in the event of our insolvency.
2.
Making a Booking:
When you or your travel agent make a booking with us for a 'Blazing
Trail' holiday and we accept it, you must immediately pay a
deposit of £600.00 per person together with any applicable
insurance premium. A Confirmation/Invoice will then be sent to you
or your travel agent setting out the balance due which balance must
be paid no later than two months prior to departure. If you are
departing within two months, then the total holiday cost including
any insurance premium is payable in full upon booking. If the deposit
is not paid on time, we reserve the right to cancel your travel
arrangements. If the balance is not paid on time we shall retain
your deposit and reserve the right to cancel your travel arrangements
and levy the cancellation charges set out in clause 5 below. Any
monies you pay to your travel agent are held by him on our behalf
at all times.
3.
Prices:
Prices are fixed at the time of booking and will generally not be
subject to surcharges. The only exception to this is an increase
in costs arising as a result of any government action including
but not limited to new or increased taxes such as VAT. Even in this
case we will absorb an amount equivalent to 2% of the holiday price
which excludes insurance premiums and any amendment charges. Only
amounts in excess of this 2% will be surcharged but when a surcharge
is payable an administration charge of £1.00 per person together
with an amount to cover travel agent's commission (if applicable)
will be added. If this means that you have to pay more than 10%
of the holiday price you will be entitled to cancel your holiday
with a full refund of all monies paid except for any insurance premiums
and amendment charges. Should you decide to cancel because of this
you must exercise your right to do so within fourteen days from
the date we advise you or your travel agent of the amount due. We
reserve the right to change our prices at any time before you book
including any special offers we may from time to time have which
may or may not be the same as set out in our publicity material.
4.
Changes by You:
If you wish to change your plans in any way and we can accept
the change a charge of £25.00 per person per amendment will
apply provided that your instructions in writing are received two
months or more prior to departure. Thereafter, except as provided
by applicable law, cancellation charges, as specified in Condition
5 below, apply
| Period before Scheduled Departure
Date |
Cancellation Charge
as a % of total holiday price |
| Two months or more: |
Deposit Only |
| Less than two months but one month
or more: |
50% |
| Less than one month but 15 days
or more: |
75% |
| 14 days or less or 'no show':
|
100% |
|
|
5.
If you Cancel your Booking:
You or any member of your party may cancel your holiday at any time
providing that the cancellation is made in writing by the person
who made the original booking and is communicated to us either direct
or via your travel agent. You will receive a refund of the amount
paid (excluding any insurance premiums and amendment charges) less
the cancellation fees specified below. Refunds are made only through
the original booking office.
6.
If We Amend your Booking:
It is unlikely that we will have to amend your booking. Occasionally
changes may be made which we reserve the right to do at any time.
Most of these changes are minor and we will advise you at the earliest
possible date. Flight timings and carriers set out in our publicity
material are subject to change and all details given to you are
for guidance only. Confirmed details will be as shown on your ticket.
Should a material change become necessary we will inform you as
soon as reasonably possible. You may decide whether or not to accept
the change although you must let us know by return. A material change
is one made to your travel arrangements before departure involving
change of departure or arrival airport (other than between airports
within the same city airport system) outward or return flights being
re-scheduled by more than 12 hours or by substitution of accommodation
originally booked with one of a lower grade. If we alter the airline,
aircraft type operating your flight or routing this is not a material
change and we will be under no obligation to notify you of any such
change in advance. If you do not wish to accept a material change
we will give you a full refund and in addition, whether or not you
accept a material change prior to departure we will also give you
compensation for the inconvenience as follows:
| Period before Scheduled Departure
Date within which a major change is notified |
Compensation payable
to you or your travel agent (per person) |
| Two months or more: |
Nil |
| Less than two months but one month
or more: |
£10 |
| Less than one month but 15 days
or more: |
£20 |
| 14 days or less or 'no show':
|
£30 |
which is the only recompense
which will be paid to you. As we do not control the day to day management
of your accommodation, it is possible that we may be advised that
the reserved accommodation may not be suitable or available to you
upon arrival in resort. If this happens, we will endeavour to provide
accommodation of at least the same standard in the same resort area.
If only accommodation of a lower standard is available then we will
refund the difference of the brochure price between the accommodation
booked and that available together with compensation of £30
per person for any inconvenience. IMPORTANT NOTE: We are not responsible
for changes which arise as a result of situations outside of our
control such as technical or maintenance problems with means of
transportation, changes imposed by re-scheduling or cancellation
of flights by an airline or main charterer, war or threat of war,
civil strife, industrial disputes, natural disasters, bad weather
or terrorist activity.
7.
If We Cancel your Holiday:
We reserve the right in any circumstance to cancel your holiday.
However in no case will we cancel your holiday less than two months
before the scheduled departure date unless it is for reasons outside
of our control or for late or non-payment by you. If we have to
cancel your holiday (other than for late or non-payment by you)
we will offer you either (i) an alternative holiday of comparable
type, though if the alternative offered is at additional cost, the
difference will be payable by you and any 'No Surcharge Guarantee'
on the original booking will not apply or (ii) a full refund of
all monies paid, in either case being the only recompense which
will be due to you.
8.
Our Liability:
We accept responsibility for the negligent acts and/or omissions
of our employees agents sub-contractors and suppliers while acting
within the scope of or in the course of their employment with us
and for any deficiencies in the services we are contractually obliged
to provide or the failure of such services to reach a reasonable
standard. In any such case our liability shall be limited to a maximum
of twice the original holiday cost. We do not accept responsibility
in respect of death bodily injury or illness of any person taking
one of our holidays except when caused by the negligent acts and/or
omissions of our employees agents sub-contractors or suppliers while
acting within the scope of or in the course of their employment
agency contract of supply or sub-contract although where the services
in question consist of carriage by air, by sea or rail or the provision
of accommodation, the limit of our liability shall be as provided
for under applicable law and/or international convention. |
|
9.
Documentation:
Where travel and health documents are necessary to comply with
the requirements of 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 us then you shall reimburse us 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.
10.
Conditions of Carriage / Accommodation:
We are neither a carrier nor a provider of accommodation. Each journey
(whether undertaken or not) that you book by land sea or air is
governed by the conditions of the carrier undertaking to provide
that carriage. Some of these conditions limit or exclude liability
and are often the subject of international agreements.
Copies of applicable conditions are available for inspection at
the offices of the carrier concerned or tchrough ourselves. It is
your own responsibility to reconfirm the onward or return sectors
of any air journey with the carrier concerned or such carrier's
duly authorised agents and according to such carrier's regulations.
When you book accommodation (whether provided or not) its availability
or provision is subject to the 'house rules' of the hotel
or other accommodation providing or undertaking to provide such
accommodation.
11.
Conduct:
We reserve the right in our absolute discretion to terminate your
holiday arrangements without notice should your behaviour be such
that it is likely in our opinion to cause distress, damage, annoyance
or danger to any other person. In such circumstances, no refund
or compensation will be due to you.
12.
Unused Services:
No refund will be due to you in respect of non-utilisation of any
part of the travel arrangements made for you.
13.
Insurance:
We cannot stress enough the importance of your taking out adequate
holiday insurance against cancellation charges, unexpected curtailment
of your holiday, medical expenses arising overseas, loss or damage
to luggage and personal liability claims against you. Should you
elect not to effect suitable travel insurance cover despite this
advice, then you undertake on behalf of yourselves and all members
of your party to indemnify both ourselves and our overseas agents
and representatives (as applicable) for any costs that arise which
would otherwise have been met had such insurance cover been taken
out.
14.
Complaints:
We do our very best to ensure that your travel arrangements go according
to plan. However, if you have a complaint arising out of what we
have agreed to provide for you please let us know at the earliest
opportunity, if necessary by calling our U.K. office from wherever
you may be. If a problem arises during your holiday, it is important
that you advise the supplier and/or our representative at the earliest
opportunity who will endeavour to put things right. If your complaint
cannot be resolved locally you should advise us within 28 days of
the incident, in writing, giving your original booking reference
number and all other relevant information. Your letter will be given
prompt attention. If you fail to follow this simple procedure we
cannot accept responsibility as we would have been deprived of the
opportunity to investigate the matter and hopefully rectify any
problem. Disputes arising out of, or in connection with, our contract
with you which cannot be amicably settled may be referred to arbitration
under a special scheme which, though devised by arrangements with
ABTA, is administered quite independently by the Chartered Institute
of Arbitrators. The scheme (details on request) provides for a simple
and inexpensive method of arbitration on documents alone with restricted
liability on the customer in respect of costs. This scheme does
not however apply to claims for an amount greater than £1,500.00
per person or £7,500.00 per booking form nor to claims which
are solely or mainly in respect of physical injury or illness or
the consequences of such injury or illness 15. Applicable Law: This
contract between us and these booking conditions are governed by
and construed in accordance with English law. We both agree to submit
to the exclusive jurisdiction of the Courts of England & Wales. |
