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 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 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, 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. |
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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.
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