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% |
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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.
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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. |