Red Sea Holiday Booking Conditions - Jewel Holidays

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.

2.Your Financial Protection: The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an Air Travel Organiser's Licence No 3906 administered by the Civil Aviation. When you buy an ATOL protected air holiday package from us (or via our authorised agent through which you booked) you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence. 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. If you book arrangements other than a package holiday from this brochure, your monies are protected by way of a bond held by ABTA.

3.ABTA: We are a member of ABTA, membership number W0020. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at http://www.abta.com/heretohelp.shtml

The arbitration scheme is arranged by ABTA and administered by IDRS, Part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.

4.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 56 days prior to departure. If you are departing within 56 days, 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 7 below. Any monies you pay to your travel agent are held by him on our behalf at all times.

5.Prices: Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus 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 will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

6.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 56 days prior to departure. Thereafter, except as provided by applicable law, cancellation charges, as specified in Condition 7 below, apply. If you are travelling within 14 days and wish to make a name change the administration fee will be £50 per person per amendment. If all names on a booking need to be changed, cancellation charges, as specified in Condition 7 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 7 below, apply.

7.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
56 days or more	Deposit Only
Less than 56 days but 28 days or more	50%
Less than 28 days but 15 days or more	75%
14 days or less, or 'no-show'	100%

8.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)
56 days or more	Nil
Less than 56 days but 28 days or more	£10
Less than 28 days but 15 days or more	£20
14 days or less	£30

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 endeavor 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. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows: Monarch Airlines, Onur Air and Thomas Cook Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. 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.

9.If We Cancel Your Holiday: holiday. However in no case will we cancel your holiday less than 56 days before the scheduled departure date unless it is for reasons outside of our control, for reasons of safety or security, 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.

10.Our Liability: If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and 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 our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements.

Our liability will also be limited in accordance with and/or in an identical manner to:

(a) The contractual terms of the companies that provide the Transportation for your travel arrangements. These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention of travel by sea, the Berne convention in respect of travel by rail and the Paris in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices: 3 Charlwood Court, County Oak Way, Crawley, Sussex. RH11 7XA. Telephone: 01293 533338.

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitile you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 8. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 http://www.auc.org.uk

11.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.

12.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.

13.Prompt Assistance in resort: If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and 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 our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

14.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.

15.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.

16.Data Protection Policy: Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements of this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons). Full details of our data protection policy are available on request.

17.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. The arbitration scheme is arrange by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The 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 £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 IDRS 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. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from http://www.abta.com

18.Passport, Visa and immigration requirements: Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

19.Excursions: Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

20.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 17 above, both yourselves and ourselves agree to submit to the exclusive jurisdiction of the courts of England and Wales.