Force majeure
Compensation will not be payable if we are forced to change or cancel your travel arrangements as a result of ‘force majeure’; e.g. unusual, unforeseen and unavoidable circumstances which are beyond our control, even though all due care has been exercised. Examples of such circumstances include war, riot, civil strife, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, pandemic disease or other unforeseen circumstances. If we cancel your holiday
(i) Tour prices, including all optional excursion costs, are based on an economic number of people travelling together. Should the required minimum number of participants not be reached, we reserve the right to re-cost the tour price or to cancel any tour up to 8 weeks before departure. Compensation is not payable in these circumstances.
(ii) We reserve our right to cancel your tour in any other circumstances. However, except for reasons of force majeur or failure by you to pay the final balance, we will not cancel your tour after the date when the balance of payment becomes due. If we are forced to cancel your tour at any time prior to departure as a result of ‘force majeure’ we will inform you without delay. Should we cancel your tour for reasons other than ‘force majeure’ you will also be entitled to compensation payable according to the scale set out above.
In all cases we will offer you the choice of an alternative holiday, if available, or a full refund of all monies paid.
If the balance is not paid on time we shall cancel your travel arrangements and no refund or compensation will be paid.
Complaints and arbitration
If you have a problem during your trip, please inform your local guide or our specified local representative or the supplier of the service (e.g. the hotelier) immediately who will endeavour to put things right. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract. If your complaint is not resolved locally you should write to us within 28 days of your return, giving your booking reference number and all relevant information. If you make a complaint we promise to deal with it fairly and promptly within the terms of these conditions.
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract that cannot be settled amicably may, if you wish, be referred to arbitration under a special scheme which is arranged by ABTA and is administered independently by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration based on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5000 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 £1000 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 the Chartered Institute of Arbitrators 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 our dispute in a quick and cost effective way. Details on request or from www.abta.com
Our liability to you
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 three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(i) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(ii) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention 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.
Copies of the transport companies' contractual terms, or the international conventions are available on request.
Flight delay and loss of luggage
Under EU law 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. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 or visit www.auc.org.uk . Reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in the terms of these Booking Conditions. In the event of delay, the relevant airline will make arrangements based on the time of day and duration of delay. Where denied boarding and long flight delays (be it domestic or international, outward, onward or homeward) result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let. Your attention is drawn to the Travel Insurance offered in this brochure detailing the levels of compensation available in such cases. In the event that your luggage is lost or damaged you should claim against your holiday insurance policy. Our liability for lost and damaged luggage is restricted in accordance with relevant international conventions.
Personal injury unconnected with your booked travel arrangements
If you or any member of your party should suffer death, illness or injury whilst overseas arising out of an activity that does not form part of the arrangements provided by 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. We limit the cost of our assistance to you or any member of your party to £5000.
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 any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. |