Booking Conditions
Essential information
When you book a Premier Holiday, we want you to be satisfied so that you’ll book with us again next year. Our trading policy is both professional and fair at all times. We also want you to know exactly where you stand, so please read carefully the Essential Information and Booking Agreement below. They are the terms of the contract which set out the responsibilities of us, Premier Holidays Limited, and you, the customer.
Your financial protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 2713) administered by the Civil Aviation Authority. If you book arrangements other than an air package holiday from this brochure, your monies are protected by way of the bond which we hold with ABTA.
When you buy an ATOL protected air holiday us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 2713. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. The price of our air holiday packages includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. For further information, visit the ATOL website at www.atol.org.uk.
Content accuracy
Every care has been taken to try and ensure that all information detailed on this website was accurate at the time of being published. However, due to circumstances beyond our control some details may change. It is possible that an advertised facility may be withdrawn or temporarily unavailable according to season, or due to weather conditions, lack of demand, a private function, for maintenance, renovation etc. For example, swimming pools are sometimes emptied, lifts serviced, air-conditioning restricted, local amenities such as water, electricity and waste disposal facilities may be limited by Local Government Authorities. Even a beach and its facilities can be affected by bad weather and stormy conditions may result in debris being washed ashore at certain times of the year. We will advise you of any significant changes to facilities at the time of booking or as soon as practical if information is received after your booking has been confirmed and if time permits. You may also find there is a local charge for the use of hotel tennis courts, hire of equipment, sun beds, water sports, health clubs, baby sitting, cots etc.
Building and development work
Some locations may unavoidably have work underway to public areas and facilities. Whilst we will endeavour to advise you of any building or refurbishment work underway at any properties you have booked, we cannot anticipate where work will take place outside of the hotel grounds. All the hotels featured strive to maintain high standards, and as such there may be the necessity for some ad-hoc and unforeseeable maintenance work.
Prices and payment
Telephone quotes, including any holidays not featured on our website where tailor made arrangements apply, are subject to written confirmation. Payment can be made by cheque, debit or credit card. Please note that balance payments made by credit card maybe subject to a handling fee.
Hotel rating
All properties featured are regularly inspected to ensure that standards are maintained. The star ratings are awarded by an independent grading authority, who inspect properties annually. Hotels tend to offer a wider range of facilities and services whilst guest accommodation, as you would expect, is more informal, simpler accommodation with fewer facilities and services – usually bed and breakfast style guest houses -and often family run. We offer accommodation of all types from the simplest at the lower end of the scale to the more comfortable with a more extensive range of services and facilities at the higher end. Please read the descriptions (and ask our staff for more information if you need it) to enable you to choose the one which is right for you. We publish the official gradings as a guideline, but they are fallible and you should remember that even within one category, there will be differences between properties. Descriptions and prices should also be taken into account when considering the type of accommodation you can expect. Hotel and self catering grades range from one star to five star being the highest. Guest accommodation grades range from one diamond to five diamond being the highest. The Isle of Man’s star/diamond system does follow quite closely requirements for AA ratings and whilst there may be some anomalies, in general, standards will be similar to those found on the UK mainland.
Accommodation
Rooms are often described as being ‘twin’ or ‘double’. However, this often means the same thing - that the room is suitable for an occupancy of two. The bed configuration remains at the discretion of the hotel and whilst special requests, such as that for either double or twin beds, will be forwarded to the hotel, they cannot be fully guaranteed. “Family rooms” may be slightly larger than standard twin rooms with extra beds (as required) which may be bunks or folding beds. In general, family rooms are one room only and although good sized rooms, may not have an overly generous amount of space. However, we would assure you that all rooms are checked by the rating authorities and where additional beds are placed in rooms, this has been authorised by them as being acceptable. Where single rooms are booked, these may be specifically designed for single occupancy and therefore, less roomy than twins or doubles. Location and views are not always the best in the hotel. Most rooms in our brochure have private facilities. This means a bath OR shower. If you have a specific preference for a bath or shower, you should let us know and requests will be passed to the hotel, although we cannot guarantee that these will be fulfilled. Washbasins may sometimes be in the bedroom rather than the bathroom. It is common practice for hotels to take a credit card imprint on check-in as a guarantee for incidental expenses. If you do not possess a credit card, a cash deposit may be required, which will be refunded at check-out less any incidental charges.
Early or late arrivals
On your day of arrival, rooms may not be available until mid-afternoon. On the last day of your holiday you will probably have to vacate your room about mid-morning regardless of your original time of arrival. Most hotels provide luggage storage facilities.
Local conditions
Please bear in mind that if your hotel is located within a town you are likely to experience some street and traffic noise within your hotel room even when the windows are closed. Some seafacing rooms may not have an unobstructed view of the sea or a road may run between the hotel and the sea.
Meals
The meals included in your holiday will be confirmed on your invoice. Half board includes breakfast and dinner, whereas full board also includes lunch. Where half board is booked, the first meal included in your holiday will normally be dinner on your arrival day, and the last breakfast on your departure day. If your arrival or departure does not coincide with normal meal times, you may find that some hotels will only provide a light/cold snack or continental breakfast. Please note that many hotels now have non smoking dining rooms and some hotels and restaurants require men to wear a jacket and tie at dinner, so we respectfully ask our clients to pack as necessary to avoid any embarrassment. Many hotels also have set meal times. Please note that whilst hotels will do their best to cater for special dietary requests, menu choices may be limited.
Child reductions
Free child places and child reductions only apply when a child (aged 2-11 years) is sharing accommodation with two or more adults, unless otherwise indicated. All children under 2 years of age are classed as infants. Infant prices are based on cot accommodation only. It is customary for some hotels to make a nominal charge for food taken. This is payable before departing the hotel. Should a bed be required, please ensure that you request this at the time of booking, as an additional charge may be applicable. Many hotels offer excellent reductions for children. Where special offers are available these are usually on an accommodation only basis. The hotel will normally charge for all meals taken and in some cases, children will be charged on the same board basis as adults whether meals are taken or not. For this type of offer, payment for meals will be collected locally.
Special requests
We accept responsibility for services which form part of the contract. Should you have any special requests, which do not form part of the contracted services, they must be advised to us in writing as your booking is being made. We will be pleased to advise the hotel or carrier of your requests however we cannot guarantee they will be met. Any special requests, which have been advised to us, will be shown on your confirmation. Should there be any additional costs involved then payment should be made locally unless otherwise advised. Please note any special requests advised after the booking has been confirmed may incur an administration fee.
Special offers
All offers apply to inclusive holidays (excluding accommodation and land only bookings) and may also be subject to availability and for bookings made by a certain date or may be withdrawn at any time without prior notice. Offers for items such as champagne are per booking, not per person. Offers must be claimed at the time of booking, otherwise offers may be refused or administration charges applied.
Car hire
The car hire rates quoted do not include petrol or collision damage insurance. A charge will also be made for extra drivers and for child seats. All these charges are payable locally. When selecting your vehicle, you should ensure that you choose a vehicle which is large enough to carry the passengers AND all their luggage if you intend to collect if from the airport or port! You must provide a fully valid driving licence which you must have held for at least one year at the time of rental. Should you have had any serious motoring convictions during the last five years please check with our reservations staff before making a booking. The car rental company reserve the right to refuse or withdraw a rental.
Insurance: The car rental company provide unlimited public liability cover in respect of injury to other persons or damage to their property. The insurance extends to provide for loss by fire and theft and for damage to the vehicle in excess of £1,000. The liability of £1,000 (less the first £150) can be waived by payment of the appropriate Collision Damage Waiver premium. Excess can be reduced to nil by purchasing Collision Damage Insurance (CDI) in addition to CDW.
Age requirement: Drivers must be at least 23 years old. The maximum age for car hire is 75.
Honeymoon & anniversary offers
If you are travelling on your honeymoon or in celebration of your silver, pearl, ruby, gold or diamond wedding anniversary (offers are not valid for other anniversaries) and are staying at one of the hotels that offer ‘honeymoon and anniversary specials’ you must tell us at the time you make your booking. If it is your honeymoon, please also ensure that you give us the name that you will be travelling in as it is shown in your passport (or the official ID you intend to use for travel) as name changes at a later stage may not be possible and if they are, a charge will be levied. If it is your anniversary please advise us of the special date. You will need to take your marriage certificate with you as it will be required at check-in to ensure you receive the offer featured. We cannot be held responsible for offers denied if you fail to take your certificate.
Special needs
We are delighted to offer advice for clients with special needs or disabilities. Although the properties featured in our brochure do not have specially adapted rooms, some may prove more suitable than others with regard to their location, general layout, availability of ground floor rooms, lifts etc. Similarly the level of specialist service may vary at different airports and with different airlines. Please note that in order to comply with ferry/airline regulations we do require that detailed information with regard to needs, assistance and facilities is made available to them when your booking is made. Some airlines place restrictions on the number of passengers with special needs they can carry. The type of facilities available may be restricted in accordance with the type of aircraft in service or the airport itself. In some cases, confirmation of services may not be given until shortly before travel. We therefore suggest that all components of your holiday are thoroughly discussed and that the information is forwarded to us in writing prior to your holiday being confirmed so we may endeavour to ensure that all aspects of the holiday selected meet your requirements. We will also ask that you complete our Special Needs questionnaire. You should ensure that you complete this fully and include all relevant information on it. This form will then be forwarded to the relevant suppliers and is the basis on which all arrangements will be made. We will be more likely to be able to meet your requirements if they are advised to us well in advance of your departure date.
Healthcare
Healthcare is available but you may have to pay for it. We strongly recommend that you travel with full medical insurance. If you are pregnant, please inform us at the time of booking. Both airlines and ferry companies place restrictions on travel in the last trimester of pregnancy. These do vary from one carrier to another, so check with us and we will give you current advice.
What’s included…..
- Return travel as detailed on your itinerary. Air travel includes UK departure tax and Air Passenger Duty.
- Accommodation and meals as detailed on your itinerary.
- Luggage allowance as detailed on your itinerary/ticket. Please note that flybe permit one piece of checked baggage per person weighing max. 25 kgs.
On Manx2, your total luggage allowance is 20kgs and you are permitted to take baggage weighing up to 10kgs as hand luggage. If you wish to check in luggage, you will be required to pay £2 per bag at check in. Restrictions do not apply for clients taking their own cars.
...and what’s not
- Holiday insurance (strongly recommended).
- Transfers
- Car hire.
- Taking your own vehicle on the ferry.
- High or long vehicles or trailers on ferry.
- Optional excursions.
- All items of a personal nature, eg drinks, laundry, room service, telephone calls, etc.
- Supplements to basic holiday prices, eg higher room categories, half board, and flight or travel supplements.
T.T. Festival Fortnight and the Manx Grand Prix
For bookings made for T.T. Festival Fortnight and the Manx Grand Prix full payment for the whole holiday must be made at the time of booking. In the event of a cancellation at any time before travel, 100% cancellation charges will be applied and you will be liable to pay the full holiday cost as shown on your confirmation invoice. In the event that you request an amendment to your holiday, a charge will be made for this service. The amount will be advised to you at the time of your request and you will have the option to accept the charge and make the amendment (subject to availability), retain your existing arrangements or cancel with 100% charges.
Seasonal entertainment and restricted opening
Some of the attractions mentioned in this brochure do not operate or open all year round or on every day of the week. This information is not always available to us so we cannot guarantee that any attraction mentioned would be open on the day you visit. Where hotels advertise entertainment, this may only be available during high season, eg June to mid September, and at special times of the year such as Christmas. Outside these periods entertainment may be limited or not offered at all. Please ask at the time of booking if this is important to you. Some properties may close during the winter and early spring months. Where properties have outdoor pools, these may only be available during the summer months, as most pools are unheated.
Your travel arrangements
In common with many coastal resorts, the islands in this brochure occasionally suffer from fog and sea mists and ferry crossings can be affected by rough seas. Adverse weather conditions can result in delays, diversions and even cancellation of some services. It is our policy that once you have checked in you are the responsibility of the carrier. We cannot accept responsibility if you miss your departure because you check in late. Your travel schedule will be confirmed to you at the time of booking. However, as you would expect, travel schedules, timings, routings and aircraft type can and do change at any time up to the time of departure in line with the regulations governing carriers. All times are shown on our paperwork using the 24 hour clock. For departures in the very early hours, e.g. 01:00 hours, it is necessary to check in the previous day. All flights to the Channel Islands are non-smoking services.
Direct flights
Non-stop services are, as you would expect, non-stop between A and B. Direct services are those which stop en route to the final destination for passengers to embark and disembark or simply to refuel. Services via are those where a change of aircraft is required.
Your transfers
Transfers are not included in the price of your holiday, although you may choose to pre-book taxi transfers at a supplement. You will be met by the taxi driver rather than a representative.
Your own accommodation arrangements
If during part of your itinerary, you make your own accommodation arrangements, we ask that you provide us with contact details for this period. If you fail to do this and we are unable to contact you with important information relating to your holiday, we cannot accept any responsibility for any costs incurred as a result.
Unused services
No refunds will be given for services pre-booked but not utilised. Should you fail to use, or make any changes to, any part of your itinerary without notifying us, your onward arrangements will be automatically cancelled and we will not be liable for any losses or expenses you incur.
Local Assistance
There is no representation service in the Isle of Man. However, in the unlikely event that you require assistance whilst on holiday, an emergency number will be detailed in your travel documentation.
Complaints
Every effort is made to ensure that the accommodation and resort descriptions on this website are fair and accurate in order that you can select the best possible holiday to suit your own personal requirements and tastes. However, if you find on arrival that the accommodation reserved for you or the resort area are not to your personal liking, then we will endeavour to arrange a suitable alternative. Naturally, this will be subject to availability and any extra cost will have to be paid by you at the time of your request to change. Please note, this may be in addition to any cancellation fees levied by the original accommodation booked, and subject to any applicable administration fees. In the unlikely event you feel that the accommodation is in any way substandard, we will employ a similar policy pending the opportunity to complete a full investigation. The best course of action is to advise the hotel and us of any concerns you may have as soon as possible so we have the opportunity to resolve them without delay, and you can enjoy the rest of your holiday.
Travel Identification
It is your responsibility to ensure that you carry the required for your travel arrangements. Although British citizens do not require passports to travel to the Isle of Man, due to increased security, the majority of airlines now require that you produce valid photo identification at check in and they may refuse boarding if you do not do so. Documentation requirements do vary from one airline to another, but the most commonly accepted forms are a valid passport, photo driving licence or citizen card. Whilst ferry companies have not introduced this requirement as yet, it is anticipated that they may do so and if you have official photo ID, you are advised to carry it, as any carrier may ask for proof of identification at any time.
Fellow travellers
Whilst we can appreciate that other travellers may, on occasion, not act entirely as we would wish, we regret that we cannot be responsible for any inconvenience or loss of enjoyment incurred as a result of their behaviour. Some hotels may be accommodating group parties, or providing entertainment/ facilities for private functions during your holiday and this may restrict availability of certain facilities to hotel residents for a period of time. If we incur costs or claims from other travellers about you, we reserve the right to claim against you.
Data protection policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we, and your travel agent, need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper 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 supplied to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Areas (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/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). Your data controller is Premier Holidays Ltd. You are entitled to a copy of your information held by us. If you would like to see this, please contact us.
Booking Agreement
1. Booking procedure
(a) Once you have chosen your holiday, you should complete a booking form and send it to us or pass it to your travel agent to keep on record.
(b) Bookings will only be accepted from an adult member of the party. We are entitled to assume that the person making the booking has been authorised to do so by the other passengers, and so accepts this agreement on behalf of every member of the party. We accept responsibility for services which form part of the contract. Should you have any special requests, which do not form part of the contracted services, they must be advised to us in writing as your booking is being made. We will be pleased to advise the hotel or carrier of your requests however we cannot guarantee they will be met. Any special requests, which have been advised to us, will be shown on your confirmation. Should there be any additional costs involved then payment should be made locally unless otherwise advised. Please note any special requests advised after the booking has been confirmed may incur an administration fee.
(c) When we receive your payment (or deposit) we will then send a confirmation invoice to you or your travel agent. When we issue the invoice (but not before) a contract comes into force between us on the basis of the essential information and booking agreement. Please contact us, or your travel agent, if you have not received your invoice within ten working days of making your booking.
(d) For Advance Registrations (which will be clearly detailed on the invoice) where we cannot confirm all components of the booking at the time of issue, we will endeavour to do so as soon as possible. Should we be unable to confirm any components you may opt to accept revised alternatives with any applicable price adjustments or receive an immediate refund of any monies paid.
2. Deposit and final payments
Unless you book 8 weeks or less before your departure date, you must pay us a deposit of £125 per person for inclusive holidays or £50 per person for accommodation only bookings, plus insurance if you are taking our recommended cover the balance of the holiday price so as to reach us no later than 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time, we shall retain your deposit. If you book 8 weeks or less before the departure date, you must pay for your holiday in full when booking. Monies paid in order to action a request for additional accommodation or flights, in particular within 8 weeks of departure, constitute a commitment to proceed with the booking if your request is fulfilled and such monies cannot be refunded unless your request cannot be fulfilled. If your booking is made for travel during TT Festival Fortnight or the Manx Grand Prix, full payment is due at the time of booking. Changes or cancellation at any time prior to departure will attract 100% cancellation fees. For these events, these conditions supersede any charges detailed elsewhere in this agreement. All monies you pay to the travel agent are held by him on our behalf at all times.
3. Insurance
We strongly recommend that you take out an insurance policy. This will afford you protection, amongst other things, against an unexpected need to cancel your holiday, medical treatment, assistance including repatriation in the event of an accident or illness as well as cover for personal belongings. We can offer you comprehensive insurance cover under our scheme – a summary of which is included in this brochure. If you choose to make your own arrangements, you should ensure that the cover available is at least as good as this. You should take note of any exclusions and ensure that you notify the insurer immediately of any pre-existing medical conditions. In addition, you must also notify your insurer of any change in circumstances which may affect your cover. In all events, you should ensure that you receive written confirmation from the insurer of any changes or exceptions to the cover provided. Where you take out our insurance, the premium is not refundable under any circumstances. Insurance should always be taken at the time of booking as you are at risk as soon as your deposit is paid to us. If you fail to make appropriate insurance arrangements in a timely manner, we will not be liable for any losses or expenses which you may incur for claims which might normally have been covered by insurance in respect of circumstances for which we are not responsible.
4. The holiday price
Whilst we reserve the right to change published brochure prices and Premier Plus offers at any time, once you have booked your holiday and paid the appropriate payment on booking, the price of your holiday as shown on your invoice is guaranteed, and will not change unless you alter your booking. A charge may be made for tickets collected at the airport.
5. Alteration or cancellation of booking by you
(a) If you request any alteration to your holiday after we have sent your invoice, we will do our best to meet your request, but it may not always be possible. Requests for alterations must be made in writing by the person who made the booking or your travel agent. A charge of £25 per person will be made. In addition, you will be liable to pay any applicable increase to the holiday price and any other costs we incur in making the alteration. You should be aware that these costs could increase the closer to the departure date that changes are made. An ‘alteration’ is deemed to be a correction or an enhancement to the existing holiday. If you request major changes to your holiday (this includes, for example, changing dates of travel, substituting destinations or any other changes which alter significantly the original holiday) this will be termed a cancellation and charges as per section 5 (c) will apply.
(b) If you alter any arrangements during your holiday (for example, checking-out of the hotel early or returning a hire car early) we will not be liable for any expenses you incur, nor obliged to refund any payment for unused accommodation or services.
(c) If you or any member of your party wishes to cancel the holiday for any reason, you must inform us by letter from the person who made the booking or from your travel agent. We will charge cancellation fees up to the maximum shown in the table below (which may in some circumstances be covered by insurance). If one member of the party wishes to cancel, this may mean that the accommodation booked will be under occupied and will result in the remaining passengers having to pay any applicable supplements to retain the booking eg changing a twin room to a single room. The person who cancels will still remain liable to pay cancellation charges as per the scale below.
More than 56 days: Deposit only
56 - 43 days: 30% of the holiday price (excluding insurance) or deposit if greater
42 - 29 days: 50% of the holiday price (excluding insurance) or deposit if greater
28 – 15 days: 70% of the holiday price (excluding insurance) or deposit if greater
14 – 5 days: 80% of the holiday price (excluding insurance) or deposit if greater
4 days or less: 100% of the holiday price (excluding insurance)
Bookings over TT Festival Fortnight or Manx Grand Prix will be subject to 100% cancellation charges regardless of the date of cancellation.
(d) If you are prevented from taking your holiday you may transfer your booking to someone who could have booked the holiday originally, subject to the approval of all interested suppliers. You must give us reasonable notice before the departure date to enable us to change airline bookings, etc - this normally requires 21 days notice. A transfer fee of £25 per person will be charged, plus any additional costs we incur. If you transfer the booking before paying the balance of the price, you will remain liable to pay it (and our transfer fees) if the transferee fails to do so. Some airlines restrict or do not permit the facility to change names on bookings and it may therefore not be possible to transfer your booking. In this case, your booking will be treated as a cancellation and you will be liable to pay cancellation charges as detailed above.
6. Alteration or cancellation of booking by us
(a) Although we make every reasonable effort to avoid doing so, occasionally we may have to alter your holiday arrangements and we reserve the right to do so at any time. If we have to make a significant alteration, we will inform you as soon as reasonably possible, and we will give you the choice of accepting the altered arrangements with any consequential price adjustments, or having a full refund of your money. Examples of "significant alterations" include changes
to your UK or end destination airport, your resort area or having to offer accommodation of a lower official classification. In accordance with EU regulations, we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by providing details on your 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. Other examples of "minor" changes are changes to aircraft type, changes to routes (via points), time changes of less than 12 hours and changes of accommodation to another of the same standard and such changes are not deemed to be significant.
(b) If an alteration is forced on us by force majeure (which is explained in Condition 11) no compensation is payable. In other cases, if we make a significant alteration for any other reason we will offer you compensation in accordance with the table below.
More than 56 days prior to departure: nil
29 – 56 days prior to departure: £10 per person
15 – 28 days prior to departure: £20 per person
0 – 14 days prior to departure: £25 per person
(c) In exceptional cases, we may have to cancel your holiday. If so, we will inform you as soon as we can, and we will offer you (if possible) an alternative holiday with any consequential price adjustments or a full refund of your money. This does not apply if the holiday is cancelled through your own fault. (d) If the cancellation is forced on us by force majeure, no compensation is payable. If we cancel your holiday for any other reason (not your fault), we will pay you compensation in accordance with the table above.
(e) 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 that are subject to an operating ban within the EU Community. The Community list is available for inspection: click here
If any airline featured on your itinerary becomes blacklisted, we will seek to offer an alternative carrier. If no alternatives are available, we may have to cancel the holiday, in which case a full refund of all monies paid will be made.
7. Travel schedules and delays
(a) When you book your holiday we will give you the best information we have then about your travel dates, time, routing, carrier and aircraft type. However carriers can and do change dates, times and routing at very short notice and we cannot control these changes. When such changes are made, we will do our best to help you make arrangements to minimise inconvenience to you. If we have to notify you in advance of travel timing changes to your initial departure flight of more than 12 hours, (and if there is time to do so before departure) you may choose to cancel your holiday and receive a full refund and, save where the change is for reasons of force majeure, you will have a right to compensation. Travel timing changes of two hours and less will be indicated on travel documentation when issued.
(b) Transport may also be cancelled due to bad weather, technical problems or force majeure. Except where this leads to a significant alteration to contracted services, we will not be liable for any loss or expense incurred in such cases, nor obliged to refund any payment for unused accommodation or services at your destination. Where we have a representative present, we will always try to help you to make appropriate arrangements for meals and/or accommodation if your transport is delayed; you will have to pay for any such services. However, if you have purchased holiday insurance, you may find that it will pay certain benefits in the event of delays.
8. Our liability
(a) We do our best to ensure that your holiday arrangements are supplied as described. We accept responsibility for the proper performance of the services we have contracted to provide and if they are not provided to a reasonable standard (in compliance with local authority minimum standards) due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation. Except in the case of damage resulting in death or injury, we reserve the right to limit our liability to twice the cost of the holiday which we have contracted to provide. Our legal liability to you and your party is excluded or limited in certain circumstances, in accordance with Condition 7 and the following provisions of this Condition.
(b) The legal obligations and liabilities of carriers and hotel keepers (even in cases of death or injury) are limited by international conventions, for example the Montreal Convention in respect of air travel, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation. These conventions limit the amount of compensation which you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. Our liability to you will be limited in the manner provided by the relevant convention, so that our liability is no greater than that of the carrier or hotel keeper concerned. Details of the relevant conditions can be provided on request.
(c) All airlines and other carriers have their own conditions of carriage, defining their obligations and liabilities, and these will apply to you and your party. Copies of these are available on request. Again, our liability to you will be limited to the same extent. Please note passengers who appear to be under the influence of drink or drugs may be refused entry to aircraft.
(d) 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, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clauses 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules, you should complain to the Air Transport Users Council on 020 7240 6061 or www.auc.org.uk.
(e) We will not be liable to you or your party for the improper performance of services provided to you under our contract, which
- is due to your fault, or the fault of any member of your party, or
- is caused by a third party not contracted by us to provide services, and is unforeseeable and unavoidable, or
- is caused by force majeure.
(f) Where relevant, our brochure contains general information on passport and visa requirements, and known health formalities required. However, it is your responsibility to ensure that you and your party hold valid passports, if required, and any necessary visas. It is also your responsibility to ensure that you and your party comply with any compulsory health requirements or recommended precautions before departure. Your family doctor can advise on these. It is your responsibility to ensure you treat the property of our suppliers with respect. Failure to do so will result in you becoming liable for any costs involved in rectifying items or facilities which have been treated improperly.
(g) We accept responsibility (as limited by the previous sections of this clause) for the holiday sold to you and detailed on your confirmation. We do not accept liability for any excursions or items which you purchase locally from our representatives, agents or sub-agents, which do not form part of the pre-arranged holiday package.
9. Assistance by us
If you or a member of your party suffers illness, injury or death arising out of an activity which does not form part of your package travel arrangements, 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.
10. Complaints
(a) We appreciate that, in spite of our care, problems can arise. If you have any complaint about any aspect of your holiday, you must report it to the supplier involved and us, at the earliest opportunity. This will mean reporting it to the hotel management and our local representative (or our Head Office in the UK) whilst you are in resort. Immediate reporting is essential to give us the chance to put matters right, and to minimise the disturbance to your holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Should you feel matters have not been satisfactorily resolved for you locally, please follow this up in writing to our Customer Services Department within 28 days of your return home. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
(b) We are a Member of ABTA, membership number V0762. 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 on ABTA’s website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
11. Meaning of “force majeure”
Where we use it in this agreement, "force majeure" means any unusual and unforeseen circumstances or events and any consequences of these, which neither we, our employees, agents or suppliers could have foreseen or forestalled even with all due care. It includes, for example, war or threat of war, riot, civil strife, industrial dispute, terrorist action or threat of terrorist action, natural or nuclear disaster, fire and adverse weather conditions.
12. Applicable law
This contract is made on the terms of this agreement, which are governed by English Law, and the jurisdiction of the English courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
13. Validity
The holiday prices on this website are valid from 01 Nov 06-31 Dec 07 and are based on our Everymann 2007 brochure. This brochure was issued: November 2006.