YOUR HOLIDAY CONTRACT
Your holiday contract is with Oceans Apart Luxury
Travel Portfolio Ltd, trading as Oceans Apart, a member
of ATOL. When you make a booking you guarantee that
you have authority to accept and do accept on behalf
of your party the terms of these booking conditions.
A contract will exist as soon as we issue our confirmation
invoice. The contract is made on the terms of these
booking conditions which are governed by English Law
and we both agree to submit to the jurisdiction of
the English Courts at all times.
YOUR FINANCIAL PROTECTION
We hold ATOL 6656 issued by the Civil Aviation Authority.
The Air Holidays and flights in this brochure are
ATOL protected, since we hold an Air Travel Organiser’s
Licence granted by the Civil Aviation Authority. 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
YOUR HOLIDAY PRICE
When making a booking you must pay a deposit of 10%
per booking (for certain holidays a supplier may demand
a higher deposit e.g. rail, sea and safaris if so
you will be notified of the required deposit at the
time of booking). Final balance of your booking amount
is due in full 10 weeks / 70 days prior to scheduled
date of departure. Should you confirm a booking within
10 weeks of departure, full payment is due at time
of confirmation.
Due to continuing variation of airfares, tour prices
will be confirmed when bookings are made. The price
of your travel arrangements is subject to surcharges
for increases in transportation costs such as fuel,
scheduled air fares and any other airline surcharges
which are part of the contract between the airlines
(and their agents) and the tour operator. Also government
action such as increases in VAT or any other Government
imposed increases and currency changes in relation
to an adverse currency
exchange rate variation. Even in these cases, Oceans
Apart will absorb an amount equivalent to 2% of the
holiday price which excludes insurance premiums and
any amendment charges. Only an amount in excess of
this 2% will be surcharged and if this means payment
of more than 10% of the holiday price you will be
entitled to cancel the holiday with a full refund
of all the money paid except for insurance premiums.
Should you decide to cancel because of this you must
exercise your right to do so in writing within 14
days from the issue date of the revised invoice advising
you of the changes. Because Oceans Apart are making
certain financial commitments, as above we regret
that we are not able to make reductions in the price
should the value of the pound strengthen.
IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued,
you wish to change your holiday arrangements in any
way, for example your chosen departure date or accommodation,
we will endeavour to meet your wishes to the best
of our ability. An administration cost of £50
(plus communication charges and any
additional costs incurred) per alteration will be
applicable. You should be aware that these costs could
increase considerably the closer to the departure
date that the changes are made.
IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your
travel arrangements at any time. Written notification
from the person who made the booking or your travel
agent on your behalf must be received at our offices.
Since we incur costs cancelling your travel arrangements,
you will be responsible for cancellation charges up
to the maximum shown below. At peak travel times,
a higher charge may be applicable, this will be made
clear to you at the time of booking. If the reason
for cancellation is under the terms of your insurance
policy, you may be able to reclaim these charges.
ALTERATION TO ARRANGEMENTS
WHILST ABROAD BY YOU
We regret that no credit or refund is possible for
any unused services provided in the cost of the holiday.
If you decide to alter your travel arrangements whilst
abroad this is your own responsibility and the Company
or the Companys agents are not responsible for any
extra costs that are involved or for any difficulties
that may arise with onward travel as a result of such
alterations. No credit or refund is possible for any
lost, mislaid or destroyed travel documents, which
should be the subject of a claim on your own travel
insurance.
ALTERATION TO CONFIRMED BOOKING
BY US
It is unlikely that we will have to make any change
to your holiday, but we do plan the arrangements many
months in advance. Occasionally we need to make changes,
which we reserve the right to do at any time. Most
of these changes are minor, and we will advise you
or your travel agent at the
earliest possible date. When a major change occurs
(such as alteration of your outward/return flights
by more than 12 hours, reduction in the standard of
accommodation) provided it does not arise from circumstances
amounting to force majeure you will have the choice
of either accepting the change of
arrangements, taking another available holiday from
us, or cancelling your holiday and receiving a full
refund. In all cases we will pay compensation as detailed
below. Period before departure within which a major
change is notified to you or your travel agent:
FORCE MAJEURE
Compensation will not be payable if we are forced
to change your holiday in any way due to unforseen
circumstances. These include but are not limited to
war, threat of war, riot, civil strife or unrest,
individual dispute, terrorist activity, nuclear or
natural disaster, fire, adverse weather conditions
or other circumstances amounting to force majeure.
CANCELLATION OF A BOOKING
CONFIRMED BY US
In the event of the company having to cancel the holiday
on or before the date when the payment of the balance
of the price becomes due you will be offered the choice
of an alternative holiday of at least comparable standard
if available and if this is not acceptable a full
refund of all monies will be paid. In the unlikely
event that we have to cancel after the date when the
payment of the balance of the price becomes due (always
providing that the balance has been paid), compensation
will be made as detailed below. In the event that
a holiday has to be cancelled for reasons of force
majeure (see above) all monies paid will be refunded
but is regretted that there will be no compensation
payable.
PERSONAL INJURY (UNCONNECTED
WITH ARRANGEMENTS MADE BY US)
If you, or any member of your party, suffer death,
illness or injury whilst overseas arising out of an
activity which does not form part of your holiday
arrangements, nor part of any excursion sold through
us, we shall at our discretion, offer advice, guidance
and assistance. Where legal action is contemplated
and you want our assistance, you must obtain our written
consent prior to commencement of proceedings. Our
consent will be given subject to you undertaking to
assign any costs, benefits received under any relevant
insurance policy to ourselves.
ARBITRATION
In the case of any complaint we will do all in our
power to resolve this to the satisfaction of our client.
However, in the unlikely event this proves impossible
the matter may (if the customer so wishes) be referred
to Arbitration under a special Scheme which, though
devised by arrangement with the Association of British
Travel Agents, is administered quite independently
by the Chartered Institute of Arbitrators. The scheme
provides for a simple and inexpensive method of arbitration
on documents alone with restricted liability on the
customer in respect of costs. The Scheme does not
apply to claims for an amount greater than £1,500
per person. There is also a limit of £7,500
per booking form. Neither does it apply to claims
which are solely or mainly in respect of physical
injury or illness. The rules of the Scheme provide
that the application for arbitration must be made
within 9 months of the scheduled date of return.
TOUR OPERATORS LIABILITY
i) We accept responsibility for ensuring the holiday
which you book with us is supplied as described in
this brochure. If any part is not provided as promised,
we will pay you appropriate compensation if this has
adversely affected the enjoyment of your holiday.
We accept responsibility for the acts
and/or omissions of our employees, agents and suppliers
except where they lead to death, injury or illness.
Our liability in all cases shall be limited to a maximum
of two times the value of the original holiday cost.
ii) We accept responsibility for death, injury or
illness caused by the negligent acts and/or omissionsof
our employees or agents together with our suppliers
or sub-contractors, servants and/or agents of the
same whilst acting within the scope of, or in the
course of their employment in the provision of your
holiday. We will accordingly pay to our clients such
damages as might have been awarded in such circumstances
under English Law.
iii) In respect of carriage by air, sea and rail
and the provision of accommodation our liability in
all cases will be limited in the manner provided by
the relevant international convention. (Please see
Conditions of Carriage below).
CONDITIONS OF CARRIAGE
The Contractual terms of the companies that provide
the transportation for your travel arrangements will
apply to this contract. These may contain terms which
affect your rights to compensation. You may ask for
copies of the relevant conditions of carriage from
our office. This brochure is our responsibility, as
your tour operator. It is not issued on behalf of,
and does not commit the airlines mentioned herein
or any airline whose services are used in the course
of the travel arrangements.
BROCHURE
This brochure observes the requirements of the Trades
Descriptions Act 1968, the Misrepresentation Act 1967,
the Civil Aviation Act 1971, the Unfair Contract Terms
Act 1977, the Control of Misleading Advertisements
Regulations 1988, the Consumer Protection Act 1987,
the Package Travel, Package Holidays and Package Tour
Regulations 1992, or any amendment or re-enactment
thereof. The Company reserves the right to make any
changes that may be necessary to the particulars within
this brochure at any time after publication. Where
such changes occur, these will be subject to the
rights as given under the appropriate headings in
these Booking Conditions concerning cancellation and
alterations.
DELAY AT AIRPORTS
All travel either by scheduled airlines or charter
airlines is rarely subject to lengthy delays, there
are however regrettably occasions when delays do occur.
Any responsibility for arrangements for meals, overnight
accommodation etc. rests with the airline. As we advise
both on the booking form and in these conditions,
you should ensure that you take out comprehensive
travel insurance which includes financial compensation
in most cases for delays of 12 hours or more.
CHILDREN
Child reductions of up to 50% will be granted on some
holidays, provided the child is between the ages of
2 and under 12 years, and shares a twin bedded room
with two adults. Infants under 2 years will be charged
10% of the airfare plus nominal charges at the resort.
Further details will be provided
on receipt of specific requirements. Please note that
in accordance with Air Navigation Orders in order
to qualify for infant status, a child must be under
2 years of age on the date of its return flight.
IF YOU HAVE A COMPLAINT
We do our best to give you an enjoyable, trouble-free
holiday but occasionally even the best-laid plans
go wrong. If you have a problem during your holiday,
please inform the relevant authority (e.g. hotel,
tour manager etc.) immediately who will endeavour
to put things right. If your complaint cannot be completely
resolved locally, please follow this up in writing
within 28 days of your return home, giving all relevant
information. It is therefore a condition of this contract
that you communicate any problem to the authority
in question whilst on tour. If you fail to follow
this simple procedure Oceans Apart cannot accept any
responsibility as we have been deprived of the opportunity
to investigate and rectify the problem.
NON-BROCHURED HOTELS
Our Booking Conditions only apply to hotels featured
in this brochure or specifically recommended by the
Company. If you request us to book accommodation at
a hotel of your choice then we will do so but only
in the capacity as a booking agent. Therefore any
rights you may have in connection with the supply
of accommodation and facilities by the hotel will
be against the hotel and not the Company.
YOUR RESPONSIBILITY
It is your responsibility to arrive at the correct
departure point in good time before your departure.
Any loss or damage which you suffer through failure
to do so lies with you. We cannot accept any liability
should you miss your aircraft or other mode of travel
as a result of you checking in late or your
connecting transport being delayed.
PASSPORT & VISA
British citizens require a full 10-year British passport
for all non-EU destinations that we feature with at
least 6 months validity. If you or any member of your
party is not a British citizen or holds a non-British
passport you must check passport and visa requirements
with the relevant Embassy or consulate of the country/ies
to which you are intending to travel.
HEALTH & VACCINATIONS
All clients are responsible for ensuring that they
conform to Health regulations of the countries they
are visiting and where necessary have the required
vaccination and documentation. |