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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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