7 . CANCELLATIONS MADE BY US
The Company reserves the right to cancel your holiday arrangements but will not do so less than twelve weeks before your departure date except for unavoidable and extraordinary circumstances , or failure by you to pay the final balance , or because the minimum number required for the package to go ahead hasn ’ t been reached . Unavoidable and extraordinary circumstances mean a situation beyond our control , the consequences of which could not have been avoided even if all reasonable measures had been taken . Please refer also to point 8 . If your holiday is cancelled , you can either 1 . Accept an alternative holiday of comparable standard from us ( we will refund any price difference if the alternative is of a lower value ).
2 . You may cancel the holiday and accept a refund of all monies paid , except where the cancellation is due to circumstances beyond our control ( please also refer to Point 8 ) we will be entitled to deduct non-recoverable costs including our consideration . Please also refer to Point 19 , Insurance . In the event a refund is paid to you , we will 1 . Provide a full refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy . 2 . Pay compensation as detailed in Clause 6 except where the cancellation is due to unavoidable and extraordinary circumstances . This does not exclude you from claiming more if you are entitled to do so .
The Company reserves the right to terminate your holiday without any obligation to refund or make alternative arrangements where , in our reasonable opinion or that of someone in authority such as the captain of your aircraft or the manager at your hotel , your behaviour is likely to cause danger or annoyance to others or where the Company does not receive your payment in accordance with Clause 3 .
8 . IN THE EVENT OF UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
It may happen before departure that the confirmed holiday cannot take place due to “ unavoidable and extraordinary circumstances ”. This will only apply where there is a situation beyond our control and the consequences of which could not have been avoided even if all reasonable measure had been taken .
If this situation does arise , there may be unrecoverable costs including our consideration which will not be refunded . There may also be costs or expenses you incur as a result . In anticipation of such events , it is a condition of booking with us that you have adequate insurance in place . In the first instance , a claim should be made to your insurance provider .
For the purposes of this clause , “ unavoidable and extraordinary circumstances ” means warfare , acts of terrorism , significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods , earthquakes or weather conditions which make it impossible to travel safely to the travel destination .
Please note that there is no automatic statutory right of cancellation under the Consumer Contracts ( Information , Cancellation and Additional Charges ) Regulations 2013 ( Directive 2011 / 83 / EU ).
For the avoidance of doubt , FCDO advisories against travel to a country , and any travel disruption which may be caused by the Covid-19 outbreak , may not be considered unavoidable or extraordinary circumstances .
9 . OUR LIABILITY TO YOU FOR PACKAGE HOLIDAYS
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package . If any of the travel services included in your package are not performed in accordance with the contract , or are improperly performed , by us or the travel service suppliers , and this has affected the enjoyment of your travel arrangements , you may be entitled to an appropriate price reduction or compensation or both . We will not be liable where any failure to perform or improper performance of the travel services is due to : you or another member of your party ; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable ; or unavoidable and extraordinary circumstances , which means a situation beyond our control , the consequences of which could not have been avoided even if all reasonable measures had been taken . Our liability , except in cases involving death , injury or illness , shall be limited to a maximum of three times the cost of your travel arrangements . Our liability will also be limited in accordance with and / or in an identical manner to a ) The contractual terms of the companies that provide the travel services that make up your package . These terms are incorporated into this booking ; and b ) Any relevant international convention , for example the Montreal Convention in respect of travel by air , the Athens Convention in respect of travel by sea , the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation , which limit the amount of and conditions under which compensation can be claimed for death , injury , delay to passengers and loss , damage and delay to luggage . We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions .
You can ask for copies of the travel service contractual terms , or the international conventions , from us . Under EU law ( Regulation 261 / 2004 ) 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 will be publicised at EU airports and are 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 these booking conditions . If any payments to you are due from us , any payment made to you by the airline or any service made to you by the airline or any other service provider will be deducted .
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances , we will bear the cost of necessary accommodation , if possible of equivalent category , for a maximum of three nights . The limit doesn ’ t apply to persons with reduced mobility and any person accompanying them , pregnant women and unaccompanied minors , or persons in need of specific medical assistance , provided that you notified us of these needs at least 48 hours before the start of your holiday .
N . B . This entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday .
10 . OUR RESPONSIBILITY FOR ARRANGEMENTS NOT FORMING PART OF A PACKAGE Where you do not buy a package holiday from us but book only one element of your holiday arrangements , such as accommodation ( with minor transfers ) or transport , our responsibility is solely to ensure that the element booked with us is as described by us and is of a reasonable standard . We shall have no responsibility for any arrangements which you make yourself .
11 . EXCURSIONS AND ACTIVITIES NOT FORMING PART OF A PACKAGE
Excursions , activities or other tours that you may choose to book and pay for whilst you are on holiday are not part of your package holiday provided by us . For any excursions , activities or other tour that you book , your contract will be with the operator of the excursion or tour and not with us . We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator .
Some excursions / activities may contain an element of risk or require a good level of physical fitness and , if in doubt , you should make direct enquiries of the local supplier before deciding to buy and check that you are covered by your travel insurance policy .
13 . IF YOU HAVE A COMPLAINT
If you have a complaint about any of the services included in your holiday , you must inform us ( a 24-hour emergency number is provided with your holiday documentation ) without undue delay and at the same time , you should also report the complaint to the supplier of the services . This is so that all reasonable steps can be taken to resolve the matter during your holiday . ( Please note that overseas representatives are not employees of the Company and you should not merely report your complaint to them without informing the Company in London at the same time ). The Company ’ s right to be able to try to remedy the situation and put things right during your holiday forms part of this contract and it is therefore your obligation to inform us of any problem during your holiday and to continue to inform us so that we can remedy the situation for you . 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 . If your complaint is still not resolved locally , notification should be made to the Company in writing and for your own peace of mind by pre-paid recorded delivery within 28 days of the date scheduled for the end of your holiday .
14 . ADDITIONAL ASSITANCE
If you are in difficulty whilst on holiday and ask us to help , we will provide appropriate assistance , in particular by providing you information on health services , local authorities and consular assistance ; and helping you to find alternative arrangements and any necessary phone calls / emails . You must pay any costs we incur , if the difficulty is your fault .
15 . DATA PROTECTION
For the purpose of this clause , Data Protection Legislation means : ( i ) unless and until the GDPR is no longer directly applicable in the UK , the General Data Protection Regulation ( EU ) 2016 / 679 ) and any national implementing laws , regulations and secondary legislation , as amended or updated from time to time , in the UK and then ( ii ) any successor legislation to the GDPR or the Data Protection Act 2018 . We acknowledge that for the purposes of the Data Protection Legislation , the Company is the data controller with respect to personal data which you provide to us or we collect from you . Where we process such personal data we shall do so in accordance with our Privacy Policy and in compliance with the Data Protection Legislation . We may process your personal data ( i ) as a legitimate interest of our business to provide our services to you through the Website ; ( ii ) in order to perform the contract for services entered into with you under these Terms and Conditions . We may send you electronic or printed communications where we have received your consent to do so and such consent may be withdrawn at any time by contacting us . Our Privacy Notice sets out in further detail the categories of your personal data which we may process and our legal basis for processing it . We may process your personal data , which is either sensitive personal data or special category personal data where you have given explicit consent to the processing of such personal data for one or more specified purposes . Our Privacy Notice sets out in further detail the special categories of personal data which we may process and our legal basis for processing it . Where we use data processors we shall ensure that we enter into contracts with such data processors which are compliant with the Data Protection Legislation .
16 . SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking e . g . diet , room location , a particular facility at a hotel etc . You should then confirm your requests in writing . Whilst every effort will be made by us to try and arrange your reasonable special requests , we cannot guarantee that they will be fulfilled . The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met . Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us . We do not accept bookings that are conditional upon any special request being met .
17 . ADVANCE PASSENGER INFORMATION
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK . The data will be collected either at the airport when you check in or in some circumstances when , or after you make your booking . Accordingly , you are advised to allow extra time to check in for your flight . Where we collect this data , we will treat it in accordance with our privacy policy .
18 . PASSPORT , VISA AND HEALTH REQUIREMENTS
Your specific passport and visa requirements , and other immigration requirements ( and any associated costs ) are your responsibility and you should confirm these with the relevant Embassies and / or Consulates . We do not accept any responsibility if you cannot travel because you have not complied with any passport , visa or immigration requirements .
It is the responsibility of the party leader to ensure you are aware of all recommended vaccinations and health precautions in good time before departure and these recommendations are subject to change at any time . Details are available from your GP surgery and from the National Travel Health Network and Centre www . nathnac . org Information on health abroad is also available on www . nhs . uk / Livewell / Travelhealth . uk We are not a specialist disabled holiday company , but we will do our utmost to cater for any special requirements you may have . If you or any member of your party has any medical problem or disability which may affect your booking , please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements . We may require you to produce a doctor ’ s certificate certifying that you are fit to participate . Acting reasonably , if we are unable to properly accommodate the needs of the person ( s ) concerned , we will not confirm your booking or if you did not give us full details at the time of booking , we will cancel it and impose applicable cancellation charges when we become aware of these details .
You are advised most strongly to consult the Foreign , Commonwealth and Development Office before booking your holiday and to check regularly its updated travel information including visa , health and security details , on its website www . gov . uk / foreign-travel-advice
19 . TRAVEL INSURANCE
It is your responsibility to ensure that you are adequately insured and it is a condition of booking with us that you have insurance adequate to your needs , which covers the entire cost of the booking and includes cover for , among others , personal injury , death , medical and repatriation costs for the countries you intend to visit , loss of baggage and valuables , personal liability , delay , cancellation , curtailment , missed departure , travel disruption , and assistance abroad . If you choose to travel without adequate insurance cover , we will not be liable for any losses howsoever arising , in respect of which insurance cover would otherwise have been available . We reserve the right to view a copy of your insurance policy at any time .
Date of publication : January 2024
12 . OUR BROCHURE AND WEBSITE
The Company confirms that information contained in our brochures and on our website is given in good faith and believed correct at the time it is given . If any facilities referred to are withdrawn , altered or restricted we will advise you before you book or as soon as the Company is notified by the supplier of the changes . Facilities may be withdrawn for maintenance purposes or because of public holidays or adverse weather conditions , without notice to us , and the Company does not accept liability for this . We endeavour to ensure that all the information and prices both on our website [ and in our brochures ] are accurate , however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances . You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking .