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'Go Travel Group' are a member of Holiday Direct Ltd. Your booking
contract is with Holiday Direct.
1. Your contract with 'Holiday Direct Limited' – ATOL
holder (6858)
2. Making a booking
3. Prices
4. Changes by You
5. If you cancel your booking
6. If we amend your booking
7. If we cancel your booking
8. Our Liability
9. Documentation
10. Conditions of carriage/accommodation
11. Contact
12. Unused services
13. Insurance
14. Complaints
15. Applicable law
1. Your Contract with Holiday Direct Limited – ATOL holder
(6858)
When you make a booking with 'Holiday Direct Limited' 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 published literature or website form the entire
agreement between yourself and ourselves.
2. Making a Booking
When you or your travel agent makes a booking with 'Holiday Direct
Limited' and we accept it, you must immediately pay a deposit
of £150 per person or 25% whichever is greater in respect
of the services supplied by 'Holiday Direct Limited'. PLEASE NOTE:
payment for airfares (subject to the ticketing deadline) and travel
insurance may also be due in full at the time of booking.
After we receive your deposit a Confirmation/Invoice will then
be sent to you or your travel agent setting out the balance due.
This balance must be paid no later than 12 weeks prior to departure.
If you are departing within 12 weeks then the total cost of the
holiday is payable in full when the booking is made.
If the deposit is not paid on time then we reserve the right to
cancel your arrangements with 'Holiday Direct Limited'.
If the balance is not paid on time we shall retain your deposit
and reserve the right to cancel your arrangements with 'Holiday
Direct Limited' and levy the cancellation charges set out in clause
5 below. Any monies you pay to Holiday Direct Limited are held
by the company at all times.
You are not covered by ATOL when tickets for scheduled flights
are sent to you within 24 hours of payment being accepted, or
where your payment is made direct to airlines.
3. Prices
Prices are fixed at the time of booking and generally will not
be subject to surcharges. The only exception to this will be an
increase in our costs arising as a result of any government action
including but not limited to new or increased taxes such as VAT.
When a surcharge is payable an administration charge of £2.50
per person together with an amount to cover travel agents commission
(if applicable) will be added. If this means that you have to
pay more than 20% of the original booking price you will be entitled
to a full refund of all monies paid in respect of your overland
tour booking with 'Holiday Direct Limited' except an amendment
charge.
Should you decide to cancel because of this then you must exercise
your right to do so within fourteen days from the date we advised
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 not be the same as set out in our publicity material.
4. Changes by You
If you wish to change your booking with 'Holiday Direct Limited'
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 clause 5 below, apply.
5. If you cancel your booking
You or any member of your party may cancel your booking 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 amendment charge) less the cancellation
fees specified below. Refunds are made only through the original
booking office:
| Period
before Scheduled Departure Date that Notice of Cancellation
is Received |
Cancellation
Charge as % of Booking Price |
| 84
days or more |
Deposit |
| 30
- 83 days |
50%
|
| 15
- 29 days |
75% |
| 14
days or less, or 'no-show' |
100% |
6. If we amend your booking
Due to the nature of our holidays it may be necessary for us to
make changes to your itinerary, 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 of any changes. Flight timings
and carriers set out in publicity material are subject to change
and all details given to you are for guidance only. Confirmed
dates will be as shown on your ticket and/or tour voucher.
We are not aircraft operators and only act as agents for the airlines.
Should an airline make a material change to your travel arrangements
then we will endeavor where possible to accommodate those changes.
If this involves an extra cost then you will be invoiced for this
cost. If it is not possible to accommodate changes that occur
because of a changed airline itinerary then providing your original
departure date is more than 6 weeks from the date of notification
of the change then we will cancel the contract and provide you
with a full refund for our part of the services. Refunds for air
tickets are subject to the rule laid out by the airline.
The following paragraph in italics is an indication of how an
airline may describe a material change although this wording and
meaning may differ from airline to airline and operator to operator.
This paragraph in no way forms part of your contract with 'Holiday
Direct Limited'
‘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. Heathrow,
Gatwick, London City, Luton and Stansted are all considered part
of the same 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.’
The remainder of this document forms part of your contract with
'Holiday Direct Limited'
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 at your destination.
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
between the accommodation booked and that available together with
compensation of £15.00 per person for any inconvenience.
IMPORTANT NOTICE: We are not responsible for changes which arise
as a result of events 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 chartered, war or threat of war, civil strike, industrial
disputes, natural disasters, bad weather or terrorist activity.
7. If we cancel your booking
We reserve the right in any circumstance to cancel your booking.
However, in no case will we cancel your booking less than 8 weeks
prior to departure unless it is for reasons outside of our control
or for late or non-payment by you.
If we have to cancel your booking (other than for late or non-payment
by you) you will have a choice of taking an alternative holiday,
(where this is of a lower price we will refund the difference
to you, however, if the holiday is of a higher price you will
be expected to pay the difference) or canceling the contract in
which case a full refund will be paid to you. Occasionally we
will have to cancel a trip due to under booking. If a tour is
cancelled due to under booking then we will inform you no later
than 8 weeks prior to departure.
8. Our liability
(i) Our obligations, and those of our suppliers providing any
service or facility involved in any part of your Holiday or Excursion,
are to take reasonable skill and care to arrange for the provision
of such services and facilities and, where we or our supplier
is actually providing the service or facility, to provide them
with reasonable skill and care. Compliance with any applicable
regulatory requirements (such as, for example, those of the Civil
Aviation Authority) will be proper performance of our, and our
suppliers', obligations. You must show that reasonable skill and
care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury,
we accept liability, subject to paragraph (i) above and (iv) below,
should any part of your Holiday or Excursion not be as described
in the brochure or elsewhere by us before you leave the U.K. If
we accept liability, we will, subject to paragraphs (v) and (vi)
below, pay you reasonable compensation in accordance with English
law. However, the maximum we will pay you in any circumstances
is twice the price of the original Holiday or Excursion cost.
This maximum will only be payable when every aspect of your Holiday
or Excursion has gone wrong and you have not received any benefit
from your Holiday or Excursion. Any sums received by you from
suppliers, such as from airlines due to the Denied Boarding Regulations
1992 (in this case sums paid by the airline constitute the full
amount of your entitlement to compensation for all matters flowing
from the airline's actions), will be deducted from any sum paid
to you as compensation by us.
(iii) For claims which involve death or personal injury as a result
of an activity forming part of your Holiday or Excursion, we accept
liability subject to paragraph (i) above and (iv) below. If we
accept liability, we will, subject to paragraphs (v), (vi) and
(vii) below, pay you reasonable compensation in accordance with
English law.
(iv) We accept liability in accordance with paragraphs (i), (ii)
and (iii) above and subject to paragraphs (v), (vi) and (vii)
below except where the cause of the failure in your Holiday or
Excursion or any death or personal injury you may suffer is not
due to any fault on our part or that of our servants, agents or
suppliers, and is either attributable to you, or attributable
to someone unconnected with the Holiday or Excursion and is unforeseeable
or unavoidable, or due to unusual or 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
neither we, nor our servants, agents or suppliers could have foreseen
or forestalled.
(v) Where a claim (whether for personal injury or non personal
injury) arises out of loss or damage suffered during the course
of air travel, rail travel, sea travel, road travel or hotel accommodation,
the amount of compensation you will receive will be limited in
accordance with and/or in an identical manner to the provisions
of any relevant International Conventions, namely the Warsaw Convention
1929 (including as amended by the Hague Protocol) the Berne Convention
1961, the Athens Convention 1974, the Geneva Convention 1973 and
the Paris Convention 1962. You can get copies of the relevant
conventions if you ask us. For the avoidance of doubt, this means
that we are to be regarded as having all benefit of any limitations
of compensation contained in any of these Conventions or any other
international conventions applicable to your Holiday or Excursion.
(vi) You are obliged to assist us in recovering from any third
party any sum which may compensate us for any sums we pay you.
In particular, you are obliged to assign to us any rights that
you may have against any other person whose acts or omissions
have caused or contributed to our legal liability to pay you compensation.
You must also provide us with all assistance we may reasonably
require. Finally, you must follow the procedures for the notification
of complaints set out in the clause below entitled "Complaints".
(vii) Should you become ill while on Holiday, you must, in addition
to reporting your illness to our representative, consult a local
doctor and also consult your GP upon your return to the UK. Should
you then wish to make a claim against us as a result of that illness,
you must provide us with details of both the local doctor whom
you saw and your GP, together with written authority for us to
obtain a medical report from both those doctors.
(viii) If you or any member of your party suffers illness, injury
or death, through misadventure, as a result of any activity which
does not form part of your contracted Holiday or Excursion arrangements,
we will provide you with all reasonable assistance. This assistance
may include our making a contribution towards your initial legal
costs in taking action against the person(s) responsible providing
you request this within 90 days of the incident in question. All
assistance (financial or otherwise) is subject to our reasonable
discretion and a maximum total cost to us of £1500 per booking
form. If you are entitled to have any costs and expenses arising
from such an incident met by or from any insurance policy or if
you obtain a costs order against anyone in relation to the incident,
you must repay to us the costs and expenses we spend in assisting
you.
(ix) Other than as set out above, and as is detailed elsewhere
in these booking conditions, we shall have no legal liability
whatsoever to you for any loss, damage, personal injury or death
which you suffer arising directly or indirectly from any aspect
of your Holiday or Excursion.
9. Documentation
Where travel and health documents are necessary to comply with
the requirements of the 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 any 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 precautions deemed prudent for the country/resort you
intend to visit and the appropriate medication/inoculations are
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 the applicable agreements are available for inspection
at the offices of the carrier concerned.
It is your own responsibility to re-confirm the onward or return
sectors of any air journey with the carrier concerned or such
carrier's duly authorized 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. Contact
We reserve the right in our absolute discretion to terminate your
arrangements without notice should your behavior 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-utilization of
any part of the excursion 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 holiday 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 telephoning our UK office
from wherever you may be. If a problem arises during your Holiday
or Excursion it is important that you advise the supplier and/or
our representative at the earliest opportunity who will endeavor
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.
15. Applicable law
This contract between us and these booking conditions are governed
by and construed in accordance with English Law. Both parties
agree to submit to the exclusive jurisdiction of the Courts of
England and Wales.
ATOL Protection extends primarily to customers who book and pay
in the United Kingdom.
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