Booking Conditions
The following booking conditions form the basis of your contract with Opus One Luxury
Holidays Limited. Please read them carefully as they set out our respective rights
and obligations. By asking us to confirm your booking, we are entitled to assume
that you have had the opportunity to read and have read these booking conditions
and agree to them.
These booking conditions only apply to holiday arrangements which you book with
us in the UK and which we agree to make, provide or perform (as applicable) as part
of our contract with you. All references in these booking conditions to “holiday”,
“booking”, “contract”, “tour” or “arrangements” mean such holiday arrangements unless
otherwise stated. References to “departure” are to the starting point of the arrangements
we have contracted to provide.
In these booking conditions, “you” and “your” means all persons (or any of them)
named on the booking (including anyone who is added or substituted at a later date).
“We”, “us” and “our” means Opus One Luxury Holidays Limited.
1. Making your booking
All our holiday arrangements are tailor made. Having discussed your particular requirements,
we will send you a suggested itinerary and quotation. When you wish to proceed with
a booking, you will need to confirm acceptance of the proposed arrangements and
these booking conditions in writing. The individual who makes the booking (“party
leader”), who must be at least 18, must be authorised to do so on the basis of these
booking conditions by all persons travelling on the booking (and by their parent
or guardian for anyone who is under 18 when the booking is made). The party leader
is responsible for making all payments due to us.
Subject to availability, we will confirm your holiday by issuing a confirmation
invoice. This invoice will be sent to the party leader. Please check this invoice
carefully as soon as you receive it. Contact us immediately if any information which
appears on the confirmation or any other document appears to be incorrect or incomplete
or requires any changes as it may not be possible to make changes later. We regret
we cannot accept any liability if we are not notified of any inaccuracies in or
changes required to the arrangements shown on the confirmation invoice within 48
hours of receipt by the party leader of this document. We will do our best to rectify
any mistake notified to us outside this time limit but you must meet all costs involved
in doing so. Please also see clause 6 below.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in
these booking conditions (for example, to request an amendment) providing you do
so to info@opusoneluxuryholidays.co.uk.
2. Payment
In order to confirm your chosen holiday, a deposit of 20% of the total holiday cost
per person (minimum deposit £500 per person subject to a maximum of £3000 per person)
must be paid at the time of booking. In addition, it may be necessary to pay the
full cost of any flights you ask us to arrange for you at the time of booking. If
booking within ten weeks of departure, full payment must be made at the time of
booking.
The balance of the holiday cost must be received by us not less than ten weeks prior
to departure. This date will be shown on the confirmation invoice. Reminders are
not sent. If we do not receive all payments due (including any surcharge where applicable)
in full and on time, we are entitled to assume that you wish to cancel your booking.
In this case, we will be entitled to keep all deposits paid or due at that date.
If we do not cancel straight away because you have promised to make payment, you
must pay the cancellation charges shown in clause 7 depending on the date we reasonably
treat your booking as cancelled.
3. Your contract
A binding contract between us comes into existence when we despatch our confirmation
invoice to the party leader. We both agree that English law (and no other) will
apply to your contract and to any dispute, claim or other matter of any description
which arises between us (except as set out below). We both also agree that any dispute,
claim or other matter of any description (and whether or not involving any personal
injury) which arises between us must be dealt with by the Courts of England and
Wales only unless, in the case of Court proceedings, you live in Scotland or Northern
Ireland. In this case, proceedings must either be brought in the Courts of your
home country or those of England and Wales. If proceedings are brought in Scotland
or Northern Ireland, you may choose to have your contract and any dispute, claim
or other matter of any description which arises between us governed by the law of
Scotland/Northern Ireland as applicable (but if you do not so choose, English law
will apply).
4. The cost of your holiday
Please note, changes and errors occasionally occur. You must check the price of
your chosen holiday at the time of booking.
We reserve the right to make changes to and correct errors in quotations at any
time before your holiday is confirmed by us.
Once the price of your chosen holiday has been confirmed at the time of booking,
then subject to the correction of errors, we will only increase or decrease the
price in the following circumstances. Price increases or decreases after booking
will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable)
will be payable, subject to the conditions set out in this clause, in the event
of any change in our transportation costs or in dues, taxes or fees payable for
services such as landing taxes or embarkation or disembarkation fees at ports or
airports or in the exchange rates which have been used to calculate the cost of
your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds
2% of the total cost of your holiday (excluding any amendment charges) will we levy
a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding
any amendment charges), you will be entitled to cancel your booking and receive
a full refund of all monies you have paid to us (except for any amendment charges)
or alternatively purchase another holiday from us as referred to in clause 9 “Changes
and Cancellations by us”.
For surcharges in excess of 10% of the cost of your holiday, you have 14 days from
the issue date printed on the surcharge invoice to tell us if you want to choose
option (b) or (c) as set out in clause 9 below. If you do not tell us that you wish
to choose either of these options within this period of time, we are entitled to
assume that you do not wish to do so and will pay the surcharge.
Any surcharge must be paid with the balance of the cost of the holiday or within
14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some
apparent changes have no impact on the price of your holiday due to contractual
and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total
cost of your holiday as set out above. Where a refund is due, we will pay you the
full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will be
payable during this period either.
5. Special requests and medical conditions / disabilities
If you have any special request, you must advise us at the time of booking. Although
we will endeavour to pass any reasonable 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. Confirmation that a special
request has been noted or passed on to the supplier or the inclusion of the special
request on your confirmation invoice or any other documentation is not confirmation
that the request will be met. Unless and until specifically confirmed, all special
requests are subject to availability. For your own protection, you should obtain
confirmation in writing that a special request will be complied with (where it is
possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified
to be conditional on the fulfilment of a particular request. All such bookings will
be treated as “standard” bookings subject to the above provisions on special requests.
If you have any medical condition or disability which may affect your holiday or
have any special requirements as a result of any medical condition or disability
(including any which affect the booking process), please tell us before you confirm
your booking so that we can assist you in considering the suitability of the arrangements
and/or making the booking. In any event, you must give us full details in writing
at the time of booking and whenever any change in the condition or disability occurs.
You must also promptly advise us if any medical condition or disability which may
affect your holiday develops after your booking has been confirmed.
6. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us
in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee
we will be able to meet any such requests. Where we can, an amendment fee of £50
per person will be payable together with any costs incurred by ourselves and any
costs or charges incurred or imposed by any of our suppliers. A change of holiday
dates will normally be treated as a cancellation of the original booking and rebooking
in which case cancellation charges will apply. Changes may result in the recalculation
of the holiday price where, for example, the basis on which the price of the original
holiday was calculated has changed.
If any member of your party is prevented from travelling, the person(s) concerned
may transfer their place to someone else (introduced by you) providing we are notified
not less than two weeks before departure. Where a transfer to a person of your choice
can be made, all costs and charges incurred by us and/or incurred or imposed by
any of our suppliers as a result together with an amendment fee of £50 must be paid
before the transfer can be effected. Any overdue balance payment must also be received.
For flight inclusive bookings, you must pay the charges levied by the airline concerned.
As most airlines do not permit name changes after tickets have been issued for any
reason, these charges are likely to be the full cost of the flight.
7. Cancellation by you
Should you or any member of your party need to cancel your holiday once it has been
confirmed, the party leader must immediately advise us in writing. Your notice of
cancellation will only be effective when it is received in writing by us at our
offices. As we incur costs from the time we confirm your booking, the following
cancellation charges will normally be payable. Where the cancellation charge is
shown as a percentage, this is calculated on the basis of the total cost payable
by the person(s) cancelling excluding insurance premiums and amendment charges.
Amendment charges are not refundable in the event of cancellation.
|
Period before departure within which written notification of cancellation is received by us
|
Cancellation charge per person cancelling
|
|
More than 56 days
|
Deposit only
|
|
36 - 55 days
|
50%
|
|
26 - 35 days
|
75%
|
|
25 to day of departure
|
100%
|
Where you have had to pay the full cost of the flight(s) at the time of booking,
the percentage charges shown in the table above are calculated on the basis of the
total cost payable by the person(s) cancelling excluding insurance premiums and
amendment charges and the cost of those flights. In addition to charges shown in
the table above, we will also be entitled to retain, by way of cancellation charge,
the full cost of any flight(s) in respect of which you paid the full cost at the
time of booking, if you cancel at any time after confirmation of your booking.
Bookings with / for certain airlines, flights and hotels, particularly during the
peak season, will have different cancellation charges to those shown above which
will apply instead. You will be advised at the time of booking where this is the
case. The actual charges will be calculated and advised at the time of cancellation.
Depending on the reason for cancellation, you may be able to reclaim these cancellation
charges (less any applicable excess) under the terms of your insurance policy. Claims
must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the
number on which the price and/or any discounts or concessions agreed for your booking
were based, we will recalculate these items and re-invoice you accordingly.
See clause 6 “Changes by you” if any member(s) of your party is prevented from travelling.
8. Insurance
We consider adequate and appropriate travel insurance to be essential. You must
purchase an appropriate policy before you travel at the latest. We recommend that
you do so at the time of booking so that you have cover in the event that you need
to cancel for unforeseen circumstances.
Please read your policy details carefully and take them with you on holiday. It
is your responsibility to ensure that the insurance cover you purchase is suitable
and adequate for your particular needs. We are not in a position to check travel
insurance policies.
9. Changes and cancellation by us
Occasionally, we have to make changes to and correct errors in itineraries and other
holiday details both before and after bookings have been confirmed and cancel confirmed
bookings. Whilst we always endeavour to avoid changes and cancellations, we must
reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”. A
significant change is a change made before departure which, taking account of the
information you give us at the time of booking and which we can reasonably be expected
to know as a tour operator, we can reasonably expect to have a major effect on your
holiday. Significant changes are likely to include the following changes when made
before departure; a change of accommodation to that of a lower official classification
or standard for the whole or a major part of the time you are away, a change of
accommodation area for the whole or a major part of the time you are away, a change
of outward departure time of 12 or more hours (where your arrangements include flights)
or a change of UK departure point to one which is more inconvenient for you (where
your arrangements include flights).
If we have to make a significant change or cancel, we will tell you as soon as possible.
If there is time to do so before departure, we will offer you the choice of the
following options:-
- (for significant changes) accepting the changed arrangements; or
- purchasing an alternative holiday from us, of a similar standard to that originally
booked if available. You must pay the applicable price of any such holiday. This
will mean you paying more if it is more expensive or receiving a refund if it is
less expensive; or
- cancelling or accepting the cancellation in which case you will receive a full
and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor
one. A change of flight time of less than 12 hours, airline (except as specified
in clause 19 “Flights”), type of aircraft (if advised) or destination airport will
all be treated as minor changes.
If we have to make a significant change or cancel we will as a minimum, where compensation
is appropriate, pay you the compensation payments set out in the table below depending
on the circumstances and when the significant change or cancellation is notified
to you subject to the following exceptions. Compensation will not be payable and
no liability beyond offering the above mentioned choices can be accepted where we
are forced to make a change or cancel as a result of unusual and unforeseeable circumstances
beyond our control, the consequences of which we could not have avoided even with
all due care. No compensation will be payable and the above options will not be
available if we cancel as a result of your failure to comply with any requirement
of these booking conditions entitling us to cancel (such as paying on time) or where
a change is a minor one.
|
Period before departure a significant change or cancellation is notified to the party leader
|
Compensation per person
|
|
More than 56 days
|
NIL
|
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36 – 55 days
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£20
|
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26 – 35 days
|
£35
|
|
0 – 26 days
|
£50
|
Please also see clause 20 “Delay and Denied Boarding Regulations”.
Very rarely, we may be forced by "force majeure" (see clause 10) to change or terminate
your holiday after departure but before the scheduled end of your time away. This
is extremely unlikely but if this situation does occur, we regret we will be unable
to make any refunds (unless we obtain any refunds from our suppliers), pay you any
compensation or meet any costs or expenses you incur as a result.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we
cannot accept liability or pay any compensation where the performance or prompt
performance of our obligations under our contract with you is prevented or affected
by or you otherwise suffer any damage, loss or expense of any nature (as more fully
described in clause 11(2)) as a result of "force majeure". In these booking conditions,
"force majeure" means any event which we or the supplier of the service(s) in question
could not, even with all due care, foresee or avoid. Such events may include, whether
actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute,
natural or nuclear disaster, epidemics / pandemics, adverse weather conditions,
fire and all similar events outside our control.
11. Our Liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make,
perform or provide as applicable as part of our contract with you are made, performed
or provided with reasonable skill and care. This means that, subject to these booking
conditions, we will accept responsibility if, for example, you suffer death or personal
injury or your contracted holiday arrangements are not provided as promised or prove
deficient as a result of the failure of ourselves, our employees, agents or suppliers
to use reasonable skill and care in making, performing or providing, as applicable,
your contracted holiday arrangements. Please note, it is your responsibility to
show that reasonable skill and care has not been used if you wish to make a claim
against us. In addition, we will only be responsible for what our employees, agents
and suppliers do or do not do if they were at the time acting within the course
of their employment (for employees) or carrying out work we had asked them to do
(for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example
loss of enjoyment), damage, expense, cost or other sum or claim of any description
whatsoever which results from any of the following: -
‑ the act(s) and/or omission(s) of the person(s) affected or any member(s) of their
party or
‑ the act(s) and/or omission(s) of a third party not connected with the provision
of your holiday and which were unforeseeable or unavoidable or
‑ 'force majeure' as defined in clause 10 above
(3) Please note, we cannot accept responsibility for any services which do not form
part of our contract. This includes, for example, any additional services or facilities
which your hotel or any other supplier agrees to provide for you where the services
or facilities are not advertised by us and/or we have not agreed to arrange them
as part of our contract and any excursion you purchase during your holiday. Please
also see clause 15 “Excursions, activities and general area information”. In addition,
regardless of any wording used by us on our website, in any advertising material
or elsewhere, we only promise to use reasonable skill and care as set out above
and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or
arrange as part of our contract - and the laws and regulations of the country in
which your claim or complaint occurred - will be used as the basis for deciding
whether the services in question had been properly provided. If the particular services
which gave rise to the claim or complaint complied with local laws and regulations
applicable to those services at the time, the services will be treated as having
been properly provided. This will be the case even if the services did not comply
with the laws and regulations of the UK which would have applied had those services
been provided in the UK. The exception to this is where the claim or complaint concerns
the absence of a safety feature which might lead a reasonable holiday maker to refuse
to take the holiday in question.
(5) As set out in these booking conditions, we limit the maximum amount we may have
to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions
(including money), the maximum amount we will have to pay you is £250 per person
affected unless a lower limitation applies to your claim under this clause or clause
11(6) below. You must ensure you have appropriate travel insurance to protect your
personal belongings.
For all other claims which do not involve death or personal injury, if we are found
liable to you on any basis the maximum amount we will have to pay you is twice the
price (excluding insurance premiums and amendment charges) paid by or on behalf
of the person(s) affected in total unless a lower limitation applies to your claim
under clause 11 (6) below. This maximum amount will only be payable where everything
has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal
injury) concerns or is based on any travel arrangements (including the process of
getting on and/or off the transport concerned) provided by any air, sea, rail or
road carrier or any stay in a hotel, the maximum amount of compensation we will
have to pay you will be limited. The most we will have to pay you for that claim
or that part of a claim if we are found liable to you on any basis is the most the
carrier or hotelier concerned would have to pay under the international convention
or regulation which applies to the travel arrangements or hotel stay in question
(for example, the Warsaw Convention as amended or unamended and the Montreal Convention
for international travel by air and/or for airlines with an operating licence granted
by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national
and international travel by air, the Athens Convention for international travel
by sea). Please note: where a carrier or hotelier would not be obliged to make any
payment to you under the applicable international convention or regulation in respect
of a claim or part of a claim, we similarly are not obliged to make a payment to
you for that claim or part of the claim. When making any payment, we are entitled
to deduct any money which you have received or are entitled to receive from the
carrier or hotelier for the complaint or claim in question. Copies of the applicable
international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or
other sum(s) of any description which (a) on the basis of the information given
to us by you concerning your booking prior to our accepting it, we could not have
foreseen you would suffer or incur if we breached our contract with you or (b) did
not result from any breach of contract or other fault by ourselves or our employees
or, where we are responsible for them, our suppliers or (c) relate to any business
including self employed loss of earnings.
12. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems
with your holiday whilst away, you must immediately inform our local representative
or agent (if we have one) and the supplier of the service(s) in question. Any verbal
notification must be put in writing and given to our representative / agent and
the supplier as soon as possible. If we do not have or you cannot contact our local
representative or agent and any complaint or problem is not resolved to your satisfaction
by the supplier, you must contact us in the UK using the contact details we have
provided you with during your holiday, giving us full details and a contact number.
Until we know about a complaint or problem, we cannot begin to resolve it. Most
problems can be dealt with quickly. If you remain dissatisfied, however, you must
write to us within 28 days of your return to the UK giving us full details of your
complaint. Only the party leader should write to us. For all complaints and claims
which do not involve death, personal injury or illness, we regret we cannot accept
liability if you fail to notify the complaint or claim entirely in accordance with
this clause.
13. Behaviour and damage
When you book with us, you accept responsibility for any damage or loss caused by
you or any member of your party. Full payment for any such damage or loss (reasonably
estimated if not precisely known) must be made direct to the accommodation owner
or manager or other supplier or to us as soon as possible. If the actual cost of
the loss or damage exceeds the amount paid where estimated, you must pay the difference
once known. If the actual cost is less than the amount paid, the difference will
be refunded. You will also be responsible for meeting any claims subsequently made
against us and all costs incurred by us (including our own and the other party’s
full legal costs) as a result of your actions. You should ensure you have appropriate
travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable
opinion or in the reasonable opinion of any other person in authority, any member
of your party behaves in such a way as to cause or be likely to cause danger, upset
or distress to any third party or damage to property, we are entitled, without prior
notice, to terminate the holiday of the person(s) concerned. In this situation,
the person(s) concerned will be required to leave the accommodation or other service.
We will have no further responsibility toward such person(s) including any return
travel arrangements. No refunds will be made and we will not pay any expenses or
costs incurred as a result of the termination.
14. Conditions of suppliers.
Most of the services which make up your holiday are provided by independent suppliers.
Those suppliers provide these services in accordance with their own terms and conditions.
Some of these terms and conditions may limit or exclude the supplier's liability
to you, usually in accordance with applicable international conventions (see clause
11(4)). Copies of the relevant parts of these terms and conditions and of the international
conventions are available on request from ourselves or the supplier concerned.
15. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday)
about activities, excursions and other services which are available in the area
you are visiting. We have no involvement in any such activities, excursions or other
services which are neither run, supervised nor controlled in any way by us. They
are provided by local operators or other third parties who are entirely independent
of us. They do not form any part of your contract with us even where we suggest
particular operators/other third parties and/or assist you in booking such activities
or excursions in any way. Where we book any such activities, excursions or other
services for you, we do so purely as booking agent for the operator or other third
party. We cannot accept any liability on any basis in relation to such activities
or excursions and the acceptance of liability contained in clause 11(1) of our booking
conditions will not apply to them. We do not however exclude liability for the negligence
of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such
activities, excursions or other services or about the area you are visiting generally
or that any particular excursion, activity or other service which does not form
part of our contract will take place as these services are not under our control.
16. Passports, visas and health requirements
The passport and visa requirements applicable at the time of printing to British
citizens for the holidays we offer will be given in the itinerary provided at the
time of booking. Requirements may change and you must check the up to date position
in good time before departure. A full British passport presently takes approximately
2 to 6 weeks to obtain. If any member of your party is 16 or over and hasn't yet
got a passport, our recommendation is that you should apply for one at least 6 weeks
before your holiday. The UK Passport Service has to confirm your identity before
issuing your first passport and will ask you to attend an interview in order to
do this. If 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 Embassy or Consulate
of the country(ies) to or through which you are intending to travel.
Details of any compulsory health requirements applicable to British citizens for
your holiday are given in the itinerary provided at the time of booking. It is your
responsibility to ensure you are aware of all recommended vaccinations and health
precautions in good time before departure. Information on health is contained in
the Department of Health leaflet T7 (Health Advice for Travellers) available from
the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in
the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to
departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations
may change and you must check the up to date position in good time before departure.
It is the party leader’s responsibility to ensure that all members of the party
are in possession of all necessary travel and health documents before departure.
All costs incurred in obtaining such documentation must be paid by you. We regret
we cannot accept any liability if you are refused entry onto any transport or into
any country due to failure on your part to carry all required documentation. If
failure to have any necessary travel or other documents results in fines, surcharges
or other financial penalty being imposed on us, you will be responsible for reimbursing
us accordingly.
17. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information
on its website www.fco.gov.uk/knowbeforeyougo
which you are recommended to consult before booking and in good time before departure.
18. Financial security
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority
(ATOL number 7310). When you buy an ATOL protected air inclusive holiday or flight*
from us you will receive a confirmation invoice from us confirming your arrangements
and your protection under our ATOL. In the unlikely event of our insolvency the
CAA will ensure that you are not left stranded abroad and will arrange to refund
any money you have paid to us for an advance booking. Please note: Not all holiday
or travel services offered and sold by us will be protected by the ATOL scheme *The
air inclusive holidays and flights we arrange are ATOL protected providing either
the person who pays for the booking is present in the UK when the booking is made
or the first leg of any flight or flights we arrange for you commences in the UK.
For further information, visit the ATOL website at www.atol.org.uk.
19. Flights
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to
bring to your attention the existence of a “Community list” which contains details
of air carriers who are subject to an operating ban within the EU. The Community
list is available for inspection at
http://europa.eu.int/comm/transport/air/safety/flywell_en.htm.
In accordance with EU Regulations we are required to advise you of the actual carrier(s)
(or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate
your flight(s) at the time of booking. Where we are only able to inform you of the
likely carrier(s) at the time of booking, we shall inform you of the identity of
the actual carrier(s) as soon as we become aware of this. Any change to the operating
carrier(s) after your booking has been confirmed will be notified to you as soon
as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an
operating ban as above as a result of which we/ the carrier are unable to offer
you a suitable alternative the provisions of clause 9 “Changes and cancellation
by us” will apply. We are not always in a position at the time of booking to confirm
the flight timings which will be used in connection with your flight. The flight
timings shown in our brochure, on our website and/or detailed on your confirmation
invoice are for guidance only and are subject to alteration and confirmation. Flight
timings are outside our control. They are set by airlines and are subject to various
factors including air traffic control restrictions, weather conditions, potential
technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent
with your air or other travel tickets approximately 2 weeks before departure. You
must accordingly check your tickets very carefully immediately on receipt to ensure
you have the correct flight times. It is possible that flight times may be changed
even after tickets have been despatched - we will contact you as soon as possible
if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type
(if advised) will not entitle you to cancel or change to other arrangements without
paying our normal charges except where specified in these conditions.
20. Delay and Denied Boarding Regulations
We regret we are not in a position to offer you any assistance in the event of delay
at your outward or homeward point of departure. Any airline concerned may however
provide refreshments etc. We cannot accept liability for any delay which is due
to any of the reasons set out in clause 11(2) of these Booking Conditions (which
includes the behaviour of any passenger(s) on the flight who, for example, fails
to check in or board on time). In addition, we will not be liable for any delay
unless it has a significant effect on your holiday arrangements.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding
is denied by your airline in circumstances which would entitle you to claim compensation
or any other payment from the airline under EC Regulation No 261/2004 - the Denied
Boarding Regulations 2004, you must pursue the airline for the compensation or other
payment due to you. All sums you receive or are entitled to receive from the airline
concerned by virtue of these Regulations represent the full amount of your entitlement
to compensation or any other payment arising from such cancellation, delay, downgrading
or denied boarding. This includes any disappointment, distress, inconvenience or
effect on any other arrangements. The fact a delay may entitle you to cancel your
flight does not automatically entitle you to cancel any other arrangements even
where those arrangements have been made in conjunction with your flight. We have
no liability to make any payment to you in relation to the Denied Boarding Regulations
or in respect of any flight cancellation or delay, downgrading of any flight ticket
or denial of any boarding as the full amount of your entitlement to any compensation
or other payment (as dealt with above) is covered by the airline's obligations under
the Denied Boarding Regulations. If your airline does not comply with these rules,
you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
21. Website / advertising material accuracy
The information contained on our website and in our other advertising material
is believed correct to the best of our knowledge at the time of printing or publication.
However, errors may occasionally occur and information may subsequently change.
You must therefore ensure you check all details of your chosen holiday (including
the price) with us at the time of booking.
22. Safety standards
Please note, it is the requirements and standards of the country in which any services
which make up your holiday are provided which apply to those services and not those
of the UK. As a general rule, these requirements and standards will not be the same
as the UK and may sometimes be lower.