The
following constitutes the applicable
booking conditions for all holidays and
flight supplied through this website.
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Booking conditions
Your contract is made
with Holidays 4U Ltd (Company No.
02909570, ATOL No. 4097, ABTA Membership
No. W5306) whose registered office is at
East House, 109 South Worple Way, London
SW14 8TN, and whose principal place of
business is at 12/14 Church Street,
Brighton, BN1 1US.
These booking conditions
have been formulated as a result of our
responsibilities under law. They do not
affect your statutory rights.
Your Holiday Contract
When you make a booking,
you undertake that you have the
authority to accept and do accept these
booking conditions on behalf of yourself
and your party. You must be at least 18
years old to make a booking with us. A
contract will exist upon our accepting
any moneys from you towards the booking
or upon the issue of our
Confirmation/Invoice, whichever is
earlier. You should check this carefully
to confirm that it matches what you
booked. These conditions in conjunction
with the information set out in our
brochure or website form the entire
agreement between yourself and
ourselves. Any advice/information given
to you by your travel agent that is
inconsistent with our brochure or
website and these conditions will not
form part of your contract with
ourselves. We hold an Air Travel
Organiser’s Licence number 4097 issued
by the Civil Aviation Authority which
provides for your financial protection
and, if applicable, repatriation, in the
event of our insolvency. We are also
members of the Association of British
Travel Agents (ABTA), membership number
W5306. These Booking Conditions and this
brochure comply with their code of
conduct for tour operators.
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Making a Booking
When you or your travel
agent make a booking with us and we
accept it, you must immediately pay a
deposit of £100.00 per person (excluding
infants under 2 years on the date of
their return flight) together with any
applicable insurance premium. A
Confirmation/Invoice will then be sent
to you or your travel agent setting out
the balance due which must be paid no
later than two months prior to
departure. Payment may be made by
cheque, debit or credit card. Both debit
and credit card payments are subject to
a handling fee. If you are departing
within two months, then the total
holiday cost including any insurance
premium is payable in full upon booking.
If the deposit is not paid on time, we
reserve the right to cancel your travel
arrangements. If the balance is not paid
on time, we shall retain your deposit
and reserve the right to cancel your
travel arrangements and levy the
cancellation charges set out in
Condition 5 below. Any moneys that you
pay to your travel agent are held by the
agent on our behalf at all times.
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Prices
Prices are fixed at the
time of booking and will generally not
be subject to surcharges. The price of
your travel arrangements is subject to
surcharges for increases in
transportation costs (e.g. fuel).
Another exception to this is an increase
in costs arising as a result of any
government action including but not
limited to new or increased taxes such
as VAT. Even in this case we will absorb
an amount equivalent to 2% of the
holiday price, which excludes insurance
premiums and any amendment charges. Only
amounts in excess of this 2% will be
surcharged, but, when a surcharge is
payable, an administration charge of
£5.00 per person together with an amount
to cover travel agent’s commission (if
applicable) will be added. If this means
that you have to pay more than 10% of
the holiday price you will be entitled
to cancel your holiday with a full
refund of all moneys paid except for any
insurance premiums and amendment charge.
Should you decide to cancel because of
this, you must exercise your right to do
so within fourteen days from the date we
advised you or your travel agent of the
amount due.
We reserve the right to
change our prices at any time before you
book including any special offers we may
have which may or may not be the same as
set out in our publicity material.
Prices shown in this website are per
person per night. In apartments and
studios, prices are based on the number
of occupants shown in the price panel.
Prices for hotel accommodation are based
on 2 adults sharing a room unless the
price panel states otherwise.
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Changes by You
If you wish to change
your plans in any way and we can accept
the change, a charge of Discounts on all holidays.00 per
person per amendment will apply provided
that your instructions are received in
writing 2 months or more prior to
departure. Thereafter, except as
provided by applicable law, cancellation
charges, as specified in Condition 5
below, apply. We will try to help you
but we cannot guarantee that we will
always be able to do this as changes are
subject to availability at the time. You
will also need to pay any difference in
the holiday price that results from such
a requested change and any insurance
premiums for any new names.
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If You Cancel Your
Booking
You or any member of
your party may cancel your holiday at
any time providing that the cancellation
is made in writing by the person who
made the original booking and is
communicated to us either direct or via
your travel agent. You will receive a
refund of the amount paid (excluding any
insurance premiums and amendment
charges) less the cancellation fees
specified below. Refunds are made only
through the original booking office. If
you have to cancel for a reason covered
by your insurance policy, you should be
able to recover your cancellation
charges. The charges are listed in the
table below. When only some members
cancel in a group that has booked a
holiday together, the charge will be
based on the price of their holiday
only.
Period before
scheduled departure date that notice of
cancellation is received
Cancellation charge as
a % of total holiday price
60 days or more: Deposit
only
Less than 60 days but 30
days or more: 50%
Less than 30 days but 15
days or more: 75%
14 days or less or “no
show”: 100%
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If We Amend Your
Booking
It is unlikely that we
will have to amend your booking.
Occasionally changes may be made which
we reserve the right to do at any time.
Most of these changes are minor and we
will advise you at the earliest possible
date. Flight timings and carriers set
out in publicity material and on this
website are subject to change and all
details given to you are for guidance
only.
Confirmed dates will be
as shown on your ticket. Should a
material change become necessary we will
inform you as soon as reasonably
possible.
You may decide whether
or not to accept the change although you
must let us know by return. A material
change is one made to your travel
arrangements before departure involving
change of departure, arrival airport
(other than between airports within the
same city airport system), outward or
return flights being rescheduled by more
than 12 hours, or by substitution of
accommodation originally booked with one
of a lower grade.
If we alter the airline,
aircraft type operating your flight or
routing this is not a material change
and we will be under no obligation to
notify you of any such change in
advance. If you do not wish to accept a
material change, we will give you a full
refund and, in addition, whether or not
you accept a material change prior to
departure, we will also give you
compensation for the inconvenience as
follows:
Period before
scheduled departure date within which a
major change is notified
Cancellation payable to
you or your travel agent (per person)
60 days or more: Nil
Less than 60 days but 30
days or more: £10
Less than 30 days but 15
days or more: £20
14 days or less or “no
show”: Discounts on all holidays
This will be the only
recompense paid to you. As we do not
control the day-to-day management of
your accommodation, it is possible that
we may be advised that the reserved
accommodation may not be suitable or
available to you upon arrival in resort.
If this happens, we will endeavour to
provide accommodation of at least the
same standard in the same resort area.
If only accommodation of a lower
standard is available then we will
refund the difference of the brochure
price between the accommodation booked
and that available together with
compensation of Discounts on all holidays.00 per person for
any inconvenience.
IMPORTANT
NOTICE: We are not responsible for
changes beyond our control, such as
technical or maintenance problems with
means of transportation, changes imposed
by rescheduling or cancellation of
flights by an airline or main charterer,
war or threat of war, civil strife,
industrial disputes, natural disasters,
bad weather or terrorist activity.
Compensation arrangements do not apply
in these circumstances.
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If We Cancel Your
Holiday
We reserve the right in
any circumstances to cancel your
holiday. However, in no case will we
cancel your holiday less than 2 months
before the scheduled departure date
unless it is for reasons outlined in the
Important Notice above or for late or
non-payment by you. If we have to cancel
your holiday (for reasons other than
those beyond our control or for late or
non-payment by you), we will offer you
either: (i) an alternative holiday of
comparable type, though if the
alternative offered is at an additional
cost, the difference will be payable by
you and any “No Surcharge Guarantee” on
the original booking will not apply, or
(ii) a full refund of all moneys paid.
In either case, this will be the only
recompense due to you.
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Our Liability
We accept responsibility
for the negligent acts and/or omissions
of our employees, agents,
sub-contractors and suppliers while
acting within the scope of or in the
course of their employment with us and
for any deficiencies in the services we
are contractually obliged to provide or
the failure of such services to reach a
reasonable standard. In any such case
our liability shall be limited to a
maximum of twice the original holiday
cost.
We do not accept
responsibility in respect of death,
bodily injury or illness of any person
taking one of our holidays except when
caused by the negligent acts and/or
omissions of our employees, agents,
sub-contractors and suppliers while
acting within the scope of or in the
course of their employment agency
contract of supply or sub-contract,
although where the services in question
consist of carriage by air, by sea or
rail or the provision of accommodation,
the limit of our liability shall be as
provided for under applicable law and/or
international convention. We cannot
accept liability in the following
circumstances:
If you or any member of
your party is at fault.
If the failure is the
fault of someone else not connected with
providing the services that make up the
holiday that we have confirmed to you.
Any unusual or
unexpected circumstances beyond our
control, which we could not have avoided
even if we had used all care possible.
Any event, which we or
the supplier of any service could not
help, expect, or prevent.
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Documentation
Where travel and health
documents are necessary to comply with
the requirements of any country you may
wish to visit, then it is your
responsibility to procure them. If
failure to obtain any such documents
results in fines, surcharges or other
financial penalty being imposed upon us
then you shall reimburse us accordingly.
You must ensure by consulting your own
doctor if necessary of specific
precautions deemed prudent for the
country/resort you intend to visit and
the appropriate medications/inoculations
complied with.
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Conditions of
Carriage/Accommodation
We are neither a carrier
nor a provider of accommodation. Each
journey (whether undertaken or not) that
you book by land, sea or air is governed
by the conditions of the carrier
undertaking to provide that carriage.
The liabilities of air and sea carriers
are generally subject to and governed by
one or more of the following
conventions: Warsaw Convention, Montreal
Convention, Hague Protocol or Athens
Convention, and also the EC Regulatory
Notice 889/2002. We rely on the terms
and limitations contained in these
conventions.
The provisions of the
above conventions and protocols’
concerning the carriage of passengers
and their luggage by air, and the
airlines’ conditions of carriage, may
apply to you and your party during your
flight, and during boarding and
disembarkation. These provisions and
conditions may limit or exclude
liability for death or personal injury,
or loss of or damage to luggage, and may
make special provisions for valuables.
We will supply a copy of the conditions
of carriage applicable to your holiday,
and of the prevailing convention(s), if
you request them.
It is your own
responsibility to reconfirm the onward
or return sectors of any air journey
with the carrier concerned in such
carrier’s duly authorised agents and
according to such carrier’s regulations.
When you book accommodation (whether
provided or not) its availability by
provision is subject to the “house
rules” of the hotel or other
accommodation providing or undertaking
to provide such accommodation.
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Flight Delays
While we try to avoid
flight delays, unfortunately they
occasionally happen. If there is a delay
for reasons other than those outlined in
the Important Note above, we will try to
reduce the discomfort you suffer by
providing extra services, meals and
accommodation. We cannot accept any
liability for any payment you have to
make unless we have given our permission
beforehand.
We will provide light
refreshments for a delay of between 4
and 6 hours, depending on airport
facilities. If the delay is between 6
and 9 hours, we will provide a meal or
vouchers for a meal. For a delay of more
than 12 hours, we will provide overnight
accommodation, if this is necessary and
possible. It may also be possible for
you to make an insurance claim for any
flight delay.
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Contract
We reserve the right in
our absolute discretion to terminate
your holiday arrangements without notice
should your behaviour be such that it is
likely in our opinion to cause distress,
damage, annoyance or danger to any other
person. In such circumstances, no refund
or compensation will be due to you.
If you or any member of
your party willfully, recklessly or
negligently damages any accommodation,
property or person, or causes delay to
or diversion of any flight or other
means of transport, you agree to
compensate us for any loss we may
suffer, including legal costs.
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Unused Services
No refund will be due to
you in respect of non-utilisation of any
part of the travel arrangements made for
you.
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Insurance
We cannot stress enough
the importance of your taking out
adequate holiday insurance against
cancellation charges, unexpected
curtailment of your holiday, medical
expenses arising overseas, loss or
damage to luggage and personal liability
claims against you.
Should you elect not to
effect suitable travel insurance cover
despite this advice, then you undertake
on behalf of yourselves and all members
of your party to indemnify both
ourselves and our overseas agents and
representatives (as applicable) for any
costs that arise which would otherwise
have been met had such insurance cover
been taken out.
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Complaints
We do our very best to
ensure that your travel arrangements go
according to plan. However, if you have
a complaint arising out of what we have
agreed to provide for you, please let us
know at the earliest opportunity, if
necessary by calling our UK office from
wherever you may be. If a problem arises
during your holiday, it is important
that you advise the supplier and/or our
representative at the earliest
opportunity who will endeavour to put
things right.
If your complaint cannot
be resolved locally you should advise us
within 28 days of the incident, in
writing, giving your original booking
reference number and all other relevant
information. Your letter will be given
prompt attention. If you fail to follow
this simple procedure, we cannot accept
responsibility as we would have been
deprived of the opportunity to
investigate the matter and hopefully
rectify any problems.
Disputes arising out of,
or in connection with our contract with
you which cannot be amicably settled may
be referred to arbitration under a
special scheme which, though devised by
arrangements with ABTA, is administered
quite independently by the Chartered
Institute of Arbitrators. The scheme
(details on request) provides for a
simple and inexpensive method of
arbitration on documents alone with
restricted liability on the customer in
respect of costs. This scheme does not
however apply to claims for an amount
greater than £1,500.00 per person or
£7,500.00 per booking form and not to
claims which are solely or mainly in
respect of physical injury or illness or
the consequences of such injury or
illness.
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Applicable Law
This contract between us
and these booking conditions are
governed by and construed in accordance
with English Law. Both parties agree to
submit to the exclusive jurisdiction of
the Courts of England.
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