Your contract is made with Jewel in the Crown Holidays Limited
(Company No 1691427) (ATOL 3906, ABTA Membership No
W0020) whose registered office 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 the 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 and we accept it,
you must immediately pay a deposit of £100 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 Condition 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 not be subject to any form of surcharge.
The exception to this is an increase in costs arising as a result
of any government action including but 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 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 per
person per amendment will apply. These instructions must be
received from the lead name, in writing, a minimum of two
months prior to departure. Thereafter, except as provided by
applicable law, cancellation charges, as specified in Condition
5 below, apply. If all names on a booking need to be
changed, cancellation charges, as specified in Condition 5
below, apply as at least one name from an original booking
must remain. It is not possible to amend from one season to
another; cancellation charges, as specified in Condition 5
below, apply.
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, but adjusted (if
applicable) for any higher price, payable by other members of
the original booking who elect to continue with their booking.
Refunds are made only through the original booking office.
Period before
Scheduled Departure Date that Notice of Cancellation is Received |
Cancellation
Charge as a % of total holiday price |
Two months or more |
Deposit Only |
Less than 2 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% |
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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 rescheduled
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 2 months but one
month or more |
£10 |
Less than one month but 15
days or more |
£20 |
14 days or less |
£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, for reasons of safety or security, or for late or
nonpayment 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, subcontractors 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. |
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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 through ourselves. It is your own responsibility to reconfirm
the onward or return sector 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.Data Protection Policy:
We comply with the requirements of the Data Protection Policy. However,
to enable us to process your booking, we need to pass on certain
information to our third-party suppliers, some of whom are
outside the European Economic Area (EEA) controls. We shall
be pleased to provide further details upon request.
15.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 £5,000 per person or £25,000
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.
16.Applicable
Law:
The contract
between us as well as these booking conditions are governed by and
construed in accordance with laws of England and Wales. In the case
of any dispute between us which cannot be settled amicably or
resolved through the arbitration scheme referred to in
Condition 15 above, both yourselves and ourselves agree to
submit to the exclusive jurisdiction of the courts of England & Wales. |