TERMS & CONDITIONS
YOUR CONTRACT – PLEASE READ THIS CAREFULLY BEFORE YOU BOOK
These booking terms and conditions govern all bookings that you make with Sakeenah Tours Ltd, 44C Myrdle Street London E1 1EU. They vary depending on whether you make a booking with us for a package holiday or flight only, accommodation only or other separate travel arrangements, (“Individual Components”). If you book Individual Components with us, we will make the booking as agent for the relevant supplier(s) (e.g. the airline or hotel supplier) and your contract will be subject to the supplier’s own terms and conditions which could limit or exclude liability to you, often in accordance with international conventions. Copies of the supplier’s terms and the international conventions are available on request. If you book a package holiday, your contract will be with Sakeenah Tours Ltd. Please see the terms which apply to package holiday contracts which follow these website agency terms and conditions.
No contract will come into existence between us until we accept your booking and we receive your deposit or full payment in cleared funds. We reserve the right to refuse, at our sole discretion, any booking. For online bookings, the contract will come into existence upon acceptance of the booking conditions presented at the end of the booking process and once we have received your deposit or full payment in cleared funds.
All services offered are subject to availability.
When you make a booking, you confirm that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.
It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
DATA PROTECTION POLICY
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address, and any special needs/dietary requirements, etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
BOOKING YOUR TRAVEL ARRANGEMENTS
Bookings made online
If you book online, you must provide us with all information which we require. You must also ensure that the credit or debit card you are using is your own (or, subject to our agreement, if it is a third party’s you have their express authorisation, to use their credit or debit card) and that sufficient funds are available to cover the cost of the arrangements which you book with us.
When we receive and accept your booking we will send you a confirmation e-mail and invoice and debit payment from you.
We do not make any representation or warranty as to the availability of any package holiday, flight or Individual Components nor that our booking services are free from infection of viruses or anything else that has a contaminating or destructive effect on your property.
Bookings made by telephone
If you make a booking by telephone you must provide us with all information which we require. You must also ensure that all information which you provide is accurate and that the credit or debit card you are using is your own or, subject to our agreement, if it is a third party’s you have their express authorisation to use their credit or debit card and that sufficient funds are available to cover the cost of the arrangements which you book with us.
If we accept your booking, we shall debit payment from you and send you a confirmation invoice. From this point cancellation charges will apply: Please note that a telephone booking confirmation is as firmly confirmed as if it were made/confirmed in writing immediately. As soon as you receive the confirmation, please check the details carefully and inform us immediately if anything appears to be incorrect as it may not be possible to make changes later.
You must pay the balance by the due date shown on the confirmation invoice. Please note for some telephone bookings full payment may be required IMMEDIATELY i.e. before you receive our confirmation invoice. If this applies you will be advised when the booking is made. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your holiday/flights and still leave you liable to pay cancellation charges. Where an extra booking charge applies this will have been advised at the time of booking. All credit/charge card payments are subject to a surcharge. All cheque payments require 7 days to clear. Until full payment has been received the price of your booking may increase as a result of fuel or other surcharges which may be imposed by suppliers. Please note we do not accept responsibility for cash sent by courier or post, even if sent by registered or recorded delivery post or any other special delivery.
PASSPORTS, VISA AND HEALTH REQUIREMENTS – You are responsible for checking all these items and ensuring your travel documents are in order.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date position in good time before booking/departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country. You must have a passport which is valid for six months after your intended date of return. You must ensure you have correct visa and health entry requirements for all countries visited including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport. USA note: Security and entry requirements have been increased. Please enquire with the US authorities about the requirements which apply to you before you book.
1. Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. Health requirements for your holiday destination are outlined in the Department of Health leaflet entitled The Traveller’s Guide to Health (T4), which is available by calling 0800 555 777. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special requests, please advise us at time of booking. Although we will endeavour to pass any such requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing before of booking giving full details. Regrettably, many overseas destinations do not have even basic facilities required by disabled travellers. If we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Payment for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions We expect all clients to have consideration for other people. If in our reasonable opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your arrangements without notice. In this situation your total booking with us, including your return transportation arrangements, will immediately cease and we will not be responsible for paying any costs, expenses, refunds or compensation.
1. We accept no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond our control, such as war or threat of war, civil strife, industrial dispute including air traffic control disputes, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions, epidemic, technical problems with transport, closure or congestion of airports or ports, cancellations of schedules by scheduled airlines. You can check the current position of any country by telephoning the Foreign and Commonwealth Office Travel Advice Unit on 0870 606 0290.
FLIGHTS AND FLIGHT TRAVEL DOCUMENTS
Please note that a flight described in your flight ticket as “direct” will not necessarily be non-stop.
All departure/arrival times on your flight ticket are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time.
We are unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline concerned.
In relation to flights, an infant must be under 2 years of age on the date of their return flight to be entitled to the infant fare level which is usually 10% of IATA’s published fare.
Please note that where a sector of a flight itinerary is not utilised without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred.
In accordance with EU regulations we are required to bring to your attention the existence of a ‘Community list’, which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air/safety/flywell_en.htm.
1. We reserve the right to change the airline in the event that the airline is blacklisted under the EU regulations. 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.
RECONFIRMING ALL FLIGHTS
You must telephone us or the airline at least 72 hours before the departure time shown on your ticket to confirm that there have been no changes. This applies to both outbound and return flights. We will not be liable for any additional costs due to your failure to reconfirm flights. Reconfirming your flight at least 72 hours before departure is a minimum requirement.
TRAVEL DOCUMENTS CHECKING AND DESPATCH
It is your responsibility to check that all travel documents issued are correct. The address for all documentation will be that given at the time of booking. Documents will normally be despatched 7 days before departure. For bookings made within 14 days of departure it may be necessary for you to collect your air tickets at the airport at an extra charge. Any other vouchers will be posted/faxed to you direct. Scheduled airline tickets are sent by Royal Mail first class post. In the event of ticket loss or delay, it will be your responsibility to pay additional expenses incurred by us to arrange and post duplicate tickets. Guaranteed next day delivery can be arranged at additional cost, which can be advised at time of booking. LATE BOOKINGS may also require Special/Courier delivery of documents in which case we will tell you the charges at the time of booking.
We strongly recommend that you and all members of your party are covered by a policy of travel insurance. If you suffer from any disability or medical condition you must disclose this in advance to the insurance company. All insurance premiums are payable in full at the point of sale and are sold incorporating a 14 day cooling off period after which time some policies may be non-refundable and you should check at the time of purchase. The 14 day cooling off period only applies if you have not departed the UK or made any claim under the insurance policy.
Some airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’, on certain routes. If you are travelling on an e-ticket route we can at your request provide you with a paper ticket where permitted. Where you make a request for a paper ticket, an administration fee of £10 per ticket will be levied in addition to any applicable airline charge.
AIRLINE TICKET REFUNDS
Air tickets returned to us for a refund are subject to an administration charge of £60 per ticket, irrespective of the number of tickets returned and you will be required to pay a per ticket cancellation charge imposed by the airline or the consolidator pursuant to their terms and conditions. There is no automatic right to a refund and, when you return an air ticket to us, we will arrange for it to be presented to the respective airline or consolidator to assess eligibility for a possible refund in accordance with the relevant airline’s or consolidator’s terms and conditions. We recommend that you return such air tickets to us by special delivery post as we do not accept responsibility for documents mislaid or lost by the Royal Mail.
If a recoverable air ticket refund is less than the above administration charge, the ticket will be deemed to be fully non-refundable. An administration fee of £60 per ticket will be levied on any non-refundable ticket where a tax refund application is made by us at your request and on your behalf. If the recoverable tax components for your ticket are less than the administration charge the ticket will be deemed to be fully non-refundable. Refunds will not be paid to you until they have been received by us from the relevant airline or consolidator. In the case of airline ticket refunds this is normally 10-12 weeks from the point the tickets are submitted for consideration to the airline.
SCHEDULED AIRLINE FAILURE ADMINISTRATION FEE
If you are holding a ticket(s) on an airline which fails due to insolvency and has ceased flying, the money you have paid for your ticket(s) may be lost. As part of the requirements under our ATOL licence issued by the Civil Aviation Authority to protect our customers, we undertake to ensure that, should this happen, our customers receive compensation for their loss to the extent referred to below. In the event of a scheduled airline failure as a result of an insolvent winding-up:
prior to commencement of a passenger’s trip, all monies paid by the passenger either as a deposit, or as the case may be, as the price for the scheduled airline ticket(s) will be refunded to the passenger in full; or
After the passenger’s trip has commenced:
the sum equivalent to the price paid for the ticket(s) for such scheduled airline flights forming part of the trip as were cancelled as a direct result of the airline failure will be refunded to the passenger in full; or
if the trip is curtailed forthwith upon the airline failure, the cost of direct return transportation to the United Kingdom to a similar standard to that originally booked as part of the trip, such return flight commencing at the point of curtailment of the trip as the direct result of the airline failure.
As a fee for our administering both the claims and/or the repatriation of passengers we will charge each customer a nominal administration fee for this service. This fee forms part of the cost of each airline ticket purchased from us and is not optional.
Should your flight be cancelled your rights and remedies will be governed by the airline’s conditions of carriage. As a result you may be entitled to: (a) Carriage on another flight with the same airline without additional costs; (b) Re-routing to your destination with another carrier without additional costs; (c) Receiving a full refund; or (d) Some other right or remedy.
If a schedule change occurs to your itinerary prior to our receipt from you of the full price, or prior to the issue of your tickets (on either the outbound or return flight) we will do our best to notify you on behalf of the carrier.
Should a schedule change occur to your itinerary after full balance/ticket issue, on either the outbound or return flights the relevant supplier’s decision will be final and amendment charges may apply.
CHANGES BY YOU
If you wish to change any item – other than increasing the number of persons in your party – and providing we can accommodate the change, you will have to pay an Amendment Fee per person which will be notified at the time of change. Otherwise any changes come under the terms of the Cancellation clause 19.
CANCELLATION BY YOU
You and/or any member of your party may cancel your booking of Individual Components at any time, providing that the person who made the booking notifies us in writing. Since we incur costs in cancelling your arrangements we will charge cancellation fees based on the day your written cancellation is received and whether your tickets have been issued.
Air Ticket Refunds
Many airline tickets are paid for in full at the time of booking and are not refundable if you cancel. We will tell you at the time of booking. In respect of any alteration to an APEX ticket or certain other special fare tickets, some suppliers (particularly airlines) may treat a name change as a cancellation and as such will not refund any monies.
Where an outbound portion of your flight coupon is not used the return sector will be automatically cancelled by the airline and no automatic right to a refund exists for such part-used tickets. All other partly used tickets are normally non-refundable and cancellations made within 24 hours of departure are non-refundable.
Other Individual Components
For all other Individual Components, unless your confirmation invoice specifies different cancellation charges, the charges below shall apply:
Period before departure (subject to amount of cancellation charge documents being issued) shown as percentage of the full price for the Individual Components)
Prior to balance being collected Deposit only
On or between 29 to 56 days 40%
On or between 15 to 28 days 60%
Up to 14 days 100%
Failure to arrive at the departure airport 100% non refundable
If you incur any problems during your trip, it is essential that you bring them to the attention of the supplier and our agent or staff as soon as it occurs to give us a chance to investigate and rectify. If the problem cannot be rectified, you must contact us, in writing, within 28 days of your return. If you do not raise the matter during your trip, this will affect any later claim you may make.
Due to new developments in Dubai there is a large amount of construction work taking place which may be in the vicinity of or visible from your hotel. In other resorts, building or refurbishment work may take place, as areas continue to develop. This may result in certain services or facilities being unavailable. We regret that we have no control over this and cannot accept liability if the enjoyment of your holiday is adversely affected.
As we act only as a booking agent for the third party suppliers of your Individual Components, we have no liability if they are deficient nor do we have any liability for loss, personal injury or death however incurred unless caused by our negligence.
We reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed.
It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are non-refundable by us.
These booking terms and conditions are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. Additionally your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time.
Booking Conditions for Package Holidays
Bookings are made with the Sakeenah Tours Ltd, 44C Myrdle Street London E1 1EU. (the Company) subject to these booking conditions. Please read them carefully before you book. You agree that the person who signs the booking form does so on behalf of all the persons included on the booking form – (the Client). No person may alter these conditions on the Companys behalf.
YOUR FINANCIAL PROTECTION
We are a fully bonded member of ABTA (No: K8321), and hold ATOL license 9382 issued by the Civil Aviation Authority, which provides for your financial protection. The air holidays and flights in this brochure are ATOL protected. 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. Full details can be obtained from the ATOL website (www.atol.org.uk).
ACCEPTANCE OF BOOKING
We reserve the right to increase or decrease brochure prices and to change any information in our brochures or on our website before a booking is made. You will be told the correct up to date price before you book.
Once you choose a holiday & agree the price, please complete the booking form and send it to us together with a non-refundable deposit of £150.00 per person and the insurance premium (if required). In certain cases a higher deposit is payable e.g. booking the train Palace on Wheels or Royal Orient. Also some hotels, wildlife & beach resorts, especially during peak season at the Christmas/New year period, require a higher deposit or full payment (non refundable) to confirm the booking. We will advise you at the time of booking. On acceptance of the deposit and the satisfactorily completed booking form, the Company will issue a confirmation invoice and at this stage contract comes into existence. Payment of the balance due must be made 8 weeks prior to departure. If the balance is not received by the due date, the Company reserves the right to cancel the booking and retain the deposit. If the booking is made within eight weeks of departure, full payment must be sent at the time of booking. Any money paid by the Client to a travel agent in respect of a booking with the Company, is held on behalf of the Company at all times.
YOUR HOLIDAY PRICE
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 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 can 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.
ALTERATIONS BY THE CLIENT
If you wish to alter your arrangements after your booking has been made, we will do our best to arrange this and, if possible, make these changes. Any request for changes must be made in writing by the person who made the booking. We will charge an amendment fee of £25.00 per person, and any other cost we incur in making the alteration. Scheduled airlines normally treat name changes as a cancellation and rebooking and this may incur a 100% cancellation charge in respect of the airfare. If after the commencement of a tour the Client requests any amendments to the agreed arrangements, or accommodation, the Company and/or its agents will do their best to implement such amendments, but cannot guarantee that it will be possible. In the event of any amendment the Client will be liable for any cancellation charges and / or additional costs that may be incurred by the Company and/or its agents.
TRANSFER OF A BOOKING
If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or significant reason, we will agree to that persons booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost and any additional costs arising from the transfer. This will also be subject to the agreement of our suppliers such as airlines and hotels. We must be given at least 14 days written notice of the transfer request. An administration charge will be made of £50 per person for transfers made more than 61 days before departure, and £100 per person within 61 days before departure.
ALTERATIONS BY US
It is unlikely that we will have to make any changes to your travel arrangements but we reserve the right to do so at any time. We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines and hotels, over whom we have no direct control. Most of these changes are minor and we will advise you or your travel agent as soon as we are able. If we make a major change we will also endeavour to advise you or your travel agent as soon as reasonably possible.
A major change includes a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, a change of UK departure airport, (other than London airports) or a significant change of resort area.
In accordance with EU regulations we are required to advise you of the actual air carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on the relevant brochure pages and/or your holiday confirmation invoice. 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.
In the case of a major change before your departure we will provide you with three alternatives:
alternative travel arrangements of equivalent or of very closely similar standard and price, if available.
alternative travel arrangements of a lower standard together with a refund of the difference in price; or
cancel your holiday with a full refund of all monies paid.
In all three cases minimum compensation of £40 per person will be paid unless the change occurs as a result of circumstances beyond our control.
We will not be liable to pay any compensation if we are forced to cancel or in any way change your holiday as a result of unusual or unforeseeable situations outside our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
Hotels described as First Class or Luxury are deemed so by us and not necessarily by any official grading. The assessment is based on our knowledge of the establishment, our general opinion and the standard of what is available locally. The term used i.e. deluxe, luxury suites etc are the same as those by the hotel in question. The Company does not own, manage or control the accommodation that it uses. Sometimes it is possible that the accommodation reserved is not available. In this event the Company and/or its agent will endeavour to provide accommodation of equal standard. However, if only accommodation of lesser standard is available we will refund the difference in prices on completion of the holiday.
CANCELLATION BY THE CLIENT
If you or anyone on your holiday booking decides to cancel the holiday you must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24 hours by the person who made the original booking. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24 hours of the original notification.
A cancellation invoice will be sent to you within 7 days. If you do not receive this please contact us immediately in order to prevent an increase in charges. Should you already be in receipt of your airline tickets please return these to us with your cancellation request. The following scale of charges will be payable depending on when the notification of cancellation is received.
Prior to 57 days: deposit forfeited;
56 € 29: 40% of total holiday cost
28 € 15: 60% of total holiday cost
14 € 4: 75% of total holiday cost
3 – 1 : 100% of total holiday cost
Certain travel arrangements cannot be changed or cancelled without incurring a 100% cancellation charge. If this is the case, we will tell you before you cancel.
We strongly recommend that you take out full insurance which will, in most cases, include cover against loss of deposit or cancellation fees.
Note: If, some, but not all-party members, cancel the holiday or part of it, additional charges may be payable by the remaining members.
CANCELLATION BY US
We reserve the right to cancel your holiday for any reason. However we will not cancel your holiday less than 8 weeks prior to departure unless it is for a reason outside our control. If we have to cancel your holiday we will offer you:-
alternative travel arrangements of equivalent or of very closely similar standard and price, if available
travel arrangements of a lower standard and a refund of the difference in price; or
a full refund of all monies paid.
Compensation of £40 per person will also be paid unless the holiday is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. If the UK Foreign Office specifically advises against travel to a particular destination, the Company will act on that advice and cancel holidays. The amount paid by you for the holiday will be refunded but no additional compensation will be paid. No compensation is payable if the holiday is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package.
The relevant brochure pages will indicate whether a particular holiday is subject to a minimum number of participants for its operation. We will advise you at least 8 weeks before departure if minimum numbers have not been reached. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost, or having a refund of monies paid.
Whilst every effort is made to operate a tour as advertised, on occasion it may be necessary to make changes to the accommodation, the routing or order of an itinerary. Unless the change significantly alters the holiday, compensation will not be payable for minor alterations to the itinerary or nightly accommodation.
You are responsible for obtaining valid passports, visas, vaccination certificates, health documents, foreign exchange for personal requirements etc. It is your responsibility to check entry requirements with the Embassy or Consulate of the country you plan to visit. You should also contact your GP in good time before you travel for health advice. You will be solely responsible if failure to obtain such documents results in your being unable to travel or refused entry or in fines, surcharges or other financial penalties being imposed on you. The Company has no liability whatsoever to you through your failure to do so. It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited. The Company and its representatives reserve the right to cancel your holiday at any time if in our reasonable opinion you are found to be behaving in a socially unacceptable manner or indulging in illegal activities, without any refund and legal claim against the Company.
Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under two years of age on the date of his/her return flights.
Subject to (c), we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure from the UK is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.
For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges).
Subject to (a) above, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. The liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. These conventions may limit or remove the carrier liability to you and the amount which the carrier has to pay you. The carrier will rely upon its conditions of carriage which may limit or remove the carrier liability to you and limit compensation under international conventions.
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. However this will not automatically entitle you to a refund of your holiday cost from us.
If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make.
PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
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 package travel arrangements or an excursion arranged 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. We limit the cost of our assistance to you or any member of your party to £5,000.
It is strongly recommended that you have adequate travel insurance for the holiday. You may take the holiday insurance offered by us or arrange it independently. The insurance cover must include cancellation charges, unexpected curtailment of your holiday, medical and repatriation expenses including air ambulance, personal accident, delay loss or damage to your personal effects. When arranging insurance from a source other then offered by us, you must provide us with written details of the policy and sign an indemnity form on behalf of yourself and all members of your party absolving us and our overseas agents /representatives, of any liability for any costs that may arise which otherwise would have been met by the insurance claim.
CLAIMS AND COMPLAINTS
If you have a complaint during your holiday, please bring it to the attention of our local Representative / Agent / and or the hotel as quickly as possible, so that they can attempt to rectify the matter on spot. Should you not be able to resolve your complaint locally please write to us within 28 days of the end of your tour. Failure to bring a complaint to the attention of our local representative whilst on holiday will prejudice any future claim.
This contract is governed by the English Law, and any dispute arising between the parties is subject to the jurisdiction of the courts of England. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland.