1. YOUR HOLIDAY CONTRACT
The following terms and conditions form the basis of the contract between you and HERSHAM TRAVEL (a trading name of Omega Executive Travel Limited) registered number (hereinafter called ‘the Company’, ‘we’, ‘us’ or ‘our’). This contract is made in accordance with these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts.
We are a member of ABTA (membership no 76423) and are currently holding ATOL No 6772 issued by the Civil Aviation Authority, which provides for your protection in the unlikely event of our insolvency. The CAA will ensure that you are not stranded abroad and will arrange to refund your money you have paid to us for an advanced booking. For further information visit the ATOL website at www.atol.org.uk
2. MAKING YOUR BOOKING
All bookings are subject to availability. The lead person must be at least 18 years at the time of booking. The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. The party leader is responsible for making all payments due to us. When you make your booking, you must pay a non-refundable deposit of 10% of your total holiday cost or £150.00 per person (which ever is the greater). Additionally, on occasions, higher deposits and early balance payments may be required and you will be advised of this at the time of booking. This may limit rights of cancellation. Otherwise, the balance of the price of your travel arrangements should be received by us at least 11 weeks before your departure date. If the deposit and/or balance is not paid in time we have the right to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. If the booking is made within 11 weeks of departure the full payment will be required at time of booking.
3. PRICE PLEDGE/ SURCHARGES
Change in transportation costs, including the cost of fuel; dues, taxes or fees chargeable for services such as landing taxes or fees at airports; and exchange rates mean that the price of your travel arrangements may change after booking. However there will be no price change within 30 days of your departure. Should your holiday price increase, you will not be charged for any amount equivalent to 2% of the price of your holiday. You will
only have to pay the amount over and above the 2% of your holiday cost, up to maximum of 10%. Added to this will be an administration charge of £1 per person together with an amount to cover agents’ commission.
If there is and increase of more than 10% of the holiday cost, you will have the option of accepting a change to another holiday, if we are able to offer one, or cancelling and receiving a full refund of all monies paid excluding any amendment charges. 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 changes mentioned above, by more than 2% of your Holiday cost, then any refund due will be paid to you.
However, please note that the travel arrangements are not always purchased in local currency ad some apparent changes have no impact on the [price of your travel due to contractual and other protection in place. Some governments are known to unilaterally increase the rate of Goods and Service Tax with every little notice. In the event that this should occur after your booking has been made but prior to departure, we reserve the right to levy this charge against you.
4. CANCELLATION (BY YOU)
Should you choose to cancel your booking then intimation by you must be made to us in writing and the cancellation will be effective from the date of receipt. The cancellation charges are as follows:
No. days before departure that notification is received by us and the amount payable: 56 days or more – deposit
43-55 days – 50%
22-42 days – 70%
14-21 days – 90%
0-13 – 100%
We regret that no refund can be made until all travel documentation has been returned to us. Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.
5. CANCELLATION (BY US)
We reserve the right in any circumstances to cancel your travel arrangements. However we will not cancel your travel arrangements less then eight weeks before your departure date, except for the reasons of force majeure (see below) failure by you to pay the final
balance or by the actions of you or your agent making a duplicate flight booking.
If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us. If it is necessary to cancel your travel arrangements, compensation will be payable in accordance with the table contained in clause 7 below, except where the cancellation is caused by circumstances amounting to force majeure (see below).
6. AMENDMENTS (BY YOU)
If after a confirmation number has been issued you choose to amend your booking at any time we will endeavour to be of assistance but amendments will not always be possible. A request to amend must be made in writing by the person who made the booking. If we are able to accept the change, amendment fees will be applicable and payable at time of change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Major amendments such as changing dates of your travel or number of passengers traveling may be treated as a cancellation and re-booking or may involve a recalculation of the holiday cost.
7. AMENDMENTS (BY US)
As arrangements are made many months in advance, we have to reserve the right to make changes to holiday details both before and after you have booked your holiday. Any such changes are likely to be minor and we will advise you at the earliest possible moment. The change may be deemed to be a major one: eg. A change to a lower class of accommodation than that booked or a departure time alteration of more than twelve hours. In this event you will have three options:
(a) accept the changes as notified
(b) Purchase another holiday with us
(c) Cancel your holiday and receive a full refund of monies paid.
In the event of (a), (b) or (c) above, except where changes arise due to reason of force majeure, we will pay compensation per paying passenger as follows:
No. Days before departure that notification is given to you your compensation per paying passenger:
More than 56 days – nil 43-56 days – £10
29-42 days- £20
15- 28 days – £30 0-14 days – £35
It is condition of your booking your holiday that you take out suitable insurance cover at the time of making your reservation. Your insurance must include cover for cancellation or curtailmentof your holiday as well as the cost of repatriation in the event of accident or illness. It is your responsibility to arrange suitable and adequate travel insurance.
9. PASSPORT AND VISAS
Please check your passport at the time of booking. All passports must be valid for a period of six months after your date of return to the United Kingdom. Visas are required for some of the destinations featured in this brochure. Please note that compliance with the regulations relating to passport/visas is your own responsibility and the onus is on the traveller to ascertain whether a visa is required and to make the necessary application to the Embassy or Consulate of the country concerned. Those who are not British subjects should contact their travel agent or the appropriate Embassy for verification of the requirements. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Air transportation can be by scheduled, charter and low cost services. We reserve the right to substitute alternative airlines or aircraft types. Such as alterations do not constitute a significant change to your holiday arrangements and you will not therefore be entitled to cancel or change to another holiday, as a result. In the event of a delay to your flight, your airline is obliged, under the EU Regulations on Denied Boarding, Cancellation and Delay, to offer you appropriate refreshments. Further assistance may be available from your insurance policy. Compensation is not due from us in the event of delay caused by circumstances beyond anyone’s control such as strikes, weather and unavoidable breakdown. In accordance with EU Regulation 2111/2005 we arerequired to advise you of the actual carrier operating your flights. We do this by listing the carriers used by us.
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.
9. FORCE MAJEURE
Except where otherwise expressly stated in these bookings conditions we will not be liable or pay you compensation if our contractual obligations (or prompt performance of our contractual obligations) to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disasters and adverse weather, sea, ice and rive conditions and all similar events outside our or the supplier(s) control. Advice from the Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office.
For the avoidance of doubt, in the event of travel delays, either prior to your flight departure or otherwise, HERSHAM TRAVEL will not be held responsible for any extra costs you may have incurred, e.g. Hotel bills, meals , refreshments, telephone bills, etc. This is irrespective of whether the problems causing the delay were foreseen or unforeseen. Also, no credit or refund can be given for any unused services. (e.g. transfers , hotel accommodation, excursions) which may have been included in the holiday price, or any lost, mislaid or destroyed travel documents.
10. YOUR RESPONSIBILITES
Any passport, visas, health certificates, international driving licenses, entry requirements and other travel documents required for your holiday must be obtained by you, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by you or by us on your behalf) as a result of failure to comply with requirements. You are responsible to arrive at stated departure times and places and any loss of damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so.
The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet under the address https://www.fco.gov.uk.
All guests staying with us are expected to conduct themselves in and orderly and acceptable manner and not to disrupt the enjoyment of other guests. We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our opinion, or that of any accommodation owner or manager, airline pilot, or other person in authority, to cause distress, danger, damage or annoyance to other customers, employees, property or to any third party. If any person or persons areprevented from travelling
because in the opinion of any person in authority they appear unfit to travel, or are likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the holiday will cease. In all cases full cancellations charges apply ands we will be under no obligation whatsoever for any cost incurred. We cannot be held responsible for the actions or behaviour of any other guests or individuals who have no connection with your booking arrangements with us.
It is essential that a mobile phone contact number for the lead passenger is provided to HERSHAM TRAVEL at time of the booking. Without this information, assistance with weather related cancellations, delays or re-booking cannot be effectively provided by us in accordance with the Package Travel Directive, and no reimbursement shall be made.
11. BAGGAGE ALLOWANCE
Baggage allowance will be shown on your flight tickets and if this is exceeded the airline may levy excess baggage charges.
12. COMPLAINTS AND ARBITRATION
At HERSHAM TRAVEL we will do everything possible to ensure that you have an enjoyable and trouble-free holiday. However, as you will appreciate, there are certain aspects of your holiday which are not within our direct control. In the unlikely event that you have a problem or a complaint during your holiday, then please bring it to the attention of the relevant person (e.g. airline, representative or hotelier), in order that it may be remedied at the time. Should you not receive satisfaction then please contact our office which is open Monday to Friday 9.00am-5.00pm. Should the problem not be resolved, then please bring it to our attention upon your return. Any such complaint must be received by us in writing within 28 days of your return home.
If you fail to follow these simple procedures we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were at the destination and this may affect your rights under this contract.
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with the contract, which cannot be resolved, may (if you wish) be referred to Arbitration under special scheme arranged by ABTA and administered independently by CEDR Solve. The scheme provides for a simple and inexpensive method of arbitration on documents, with restricted liability on you in respect of cost. The scheme does not apply to claims which are solely or mainly in respect of physical injury or illness a limit of £1,500 per person applies to this part of the claim. If you elect to seek redress under this scheme, written notice of request for arbitration must be received by ABTA within eighteen months after your scheduled date of return. Full details of this scheme are available from ABTA at 30 Park Street London SW1 9EQ or www.abta.com.
13. OUR RESPONSIBILITIES AND LIABILITY TO YOU
(1) Subject to these bookings conditions, your holiday arrangements will be made using reasonable skill and care. If any part of your travel arrangements is not provided as promised, and we have not been able to provide and alternative of a comparable standard, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. As long as they are acting within the course of their employment or carrying out work we had asked them to do, we will be responsible if our employees or agents fail to make your holiday arrangements using reasonable skill and care. It is your responsibility to show that reasonable skill and care has not been used, in the event of making a claim against us. If we, or our employees or agents fail to make your holiday arrangements using reasonable skill and care, taking into account all relevant factors (e.g. Following the complaints procedure as described in these conditions and the extent to which the our acts or omissions (or those of our employees or agents) affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Our liability, except in cases involving death, injury or illness, shall be limited to maximum of twice the cost of your travel arrangements.
(2) we will not be responsible or pay you any compensation for any injury , illness, Death, loss, damage, expenses, cost or other claim of any description which results from: a) the act(s) and/or omission(s) of the person(s) affected; by the act(s) and/or omission(s) of any third party not connected with the provision of the services contracted for and
which were unforeseeable or unavoidable; or c) unusual or unforeseeable circumstances beyond control, the consequences of which could not have been avoided even if all due care had been exercised; or d) and event which either ourselves, our employees, agents, suppliers or subcontractors could not even with all due care, have foreseen or forestalled.
(3) the services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with and local regulations which apply, or, if there are no applicable regulations, if they are reasonable when compared to the local standard in practice. The fact that services of facilities fail to comply with local UK guidance or advice shall not of itself mean that the services of facilities in question have not been provided with reasonable skill and care.
(4) our liability will also be limited in accordance with and/or in an identical manner to:
(a) loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover and losses of this kind.
(b) In the contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract.
(c) Any relevant international convention e.g. The Montreal convention in respect of travel by air, the Athens convention in respect of travel by sea, the Berne convention is respect of travel by rail and the Paris convention in respect of the provision of accommodation, which limit the amount of 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 obtain copies of the Conventions and the transport conditions of carriage from us.
This liability clause does not apply to any separate contracts that you may enter into for excursions or activities in resort. Excursions, activities and hazardous pursuits 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 excursions or other tour that you book, your contract will be with the operator of the excursions or tour and not with HERSHAM TRAVEL. We are not responsible for the provision of the excursion or tour, nor for anything that happens during the course of its provision by the operator.
14. YOUR FINANCIAL PROTECTION
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what thismeans for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have brought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.
However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We are a member of ABTA, membership number 76423. 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 www.abta.com.
16. DATA PROTECTION STATEMENT
Please be assured that we have measures in place to protect any personal booking information that you have given 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 may also be passed on to security or credit checking companies. Please note that if you travel outside of the European Economic Area, controls on data protection may not be as strong as the legal requirements in the United Kingdom. Any sensitive information such as details of any disabilities or dietary/religious requirements will only be passed n to persons or companies responsible for your travel arrangements. If we are unable to pass this information to relevant suppliers, whether in the EEA or not, we will not be able to implement your booking request. In making this booking, you consent to this information being passed on to the relevant persons.