We want you to enjoy your holiday and would suggest you read carefully all the information supplied. When you book a holiday you enter into a legally binding contract with the organiser of your travel arrangements with obligations on both parts. The conditions set out below define these obligations.
1) YOUR SECURITY WITH COLLETTS TRAVEL
Colletts Travel Ltd (hereafter referred to as “The Company”) are members of ABTA (The Association of British Travel Agents with membership number 19401 (or V0368 when we act as the organiser). ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street London W1T 3AH Tel: 020 7637 2444 or www.abta.com.The Company is also fully bonded under the Civil Aviation (Air Travel Organisers Licencing) Regulations 1972 (a) (ATOL 2996). When we are acting as the organiser of your travel arrangements our ATOL licence will provide for full security of monies paid over by our Clients and for the repatriation of our Clients in the unlikely event of our insolvency.
“Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLcertificates
Your Financial Protection – When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLcertificate
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
2) WHEN WE ACT AS A TRAVEL AGENT
When we act as a travel agent we act on behalf of the organiser of your travel arrangements, ‘the Organiser’. Your contract will be directly with the Organiser in accordance with their terms and conditions and monies paid in respect of a contract with the Organiser are held by the Company on their behalf.
3) CONFIRMATION OF YOUR HOLIDAY
When we act as the organiser of your travel arrangements, a contract will only come into existence when we have issued our Booking Confirmation/invoice. The Booking Confirmation will contain the names of all passengers, the dates and time of travel, departure and arrival cities and other relevant information. All names MUST be correctly spelt and identical to the names shown in the passport including the initial or first name. As a condition of this contract, you are required to carefully check this written confirmation to ensure that all names and travel details are correct and exactly match what you have booked. If they are not, you are required to contact us within 24 hours of receiving your confirmation to inform us of any inaccuracy and allow us the opportunity of taking prompt corrective action. If you do not do so any consequential problems, including the potential scenario of being denied boarding by an airline, shall be your sole responsibility and not that of the Company.
Non-refundable deposit of £150 per person plus any required prepayments and insurance premiums may be required and will be agreed at the time of booking. Such prepayments may include higher deposits on certain cruise, train or coach holidays, components that require advance deposits, or domestic and internal flights that require immediate ticket issue. These amounts will be identified to you at the time. The Company will then issue its Confirmation detailing the ‘Balance Due By Date’ and as no reminder will be sent it is most important that this date is noted and adhered to. Failure to do so could result in the cancellation of your holiday and the relevant cancellation charges as detailed in section 9 would then apply. If a booking is made within 8 weeks of departure date then the full amount must be paid at the time of booking.
It is the Client’s responsibility to obtain all necessary passports, visas, health certificates, driving licences and other documents required for travelling on holiday. The Company will provide guidance in this area but the Client MUST make appropriate enquiries with the relevant authorities, see items 18) and 19).
6) UNUSED SERVICES/LOST DOCUMENTS
Refunds will be made in respect of services included in the holiday price which are unused by Clients after departure. We are unable to assume liability in respect of any lost or mislaid travel tickets or accompanying documents.
The Company will advise the Client of necessary check-in times and of the need to reconfirm onward travel details whilst on holiday when amended check-in times may then be given. However, it is the Client’s responsibility to reconfirm all flights and check in on time and The Company will accept no responsibility if Clients miss or are refused boarding to flights due to late check-ins unless resulting from an act or omission of The Company, its agents or suppliers.
8) IF YOU CHANGE YOUR BOOKING
If you decide to change your booking after it has been confirmed an amendment fee of £20 per person will be charged to cover our costs. Any amendment will also be subject to any additional costs incurred through increases in flights, hotels and other holiday costs the amendment may entail. Any change in departure date will be construed as a cancellation of the original booking and cancellation charges as laid out in section 9 will be applied. If you change your booking within 8 weeks of departure this will be treated as a cancellation and cancellation charges as laid out in section 9 will be applied. All amendment advice must be made in writing and signed by the signatory on the Booking Form. If you change your booking by transferring it to another person we will only be obliged to carry out such a request where: (a) you are prevented from travelling for reasons of personal illness or serious illness of a close family relative, jury service or unavoidable requirements of an employer. In any of these events you will be asked to provide documentary evidence of the circumstances; and (b) the transferee meets all requirements of the holiday booked; and (c) you, or the transferee, pays any balance due and an amendment fee of £20 per person plus any charges which any of our suppliers may impose because of the transfer. For example, airlines will not allow the transfer of an Apex ticket and they will regard such a transfer as a cancellation and new booking and will therefore only make the booking if cancellation charges and replacement ticket costs are met; and (d) you have notified us in writing with all supporting details as outlined above and with full details of the transferee at least 28 days before your departure date.
9) IF YOU CANCEL YOUR BOOKING
|Period before departure in which cancellation notice is received||More Than 56 Days||56-29 Days||28-15 Days||14-08 days||7 to date of departure|
Your booking includes a flight based on a restricted fare (eg. Advance Purchase, Special Offer, Published or Charter ticket or similar) airline cancellation charges may be higher, in some cases up to the full amount of the booking, and we reserve the right to pass these on to you. In addition cancellation charges made by certain other of our suppliers may also be higher than the schedule of costs shown above and again we reserve the right to pass such fees on to you. We will always advise you of such fees before cancellation. Insurance premiums will NOT be refundable. However if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Please note that in the case of a cancellation made after receipt of the travel documents, no refund can be made unless all unused airline tickets and other documents are returned to The Company.
10) IF YOU CHANGE YOUR BOOKING WHILST AWAY
The Company will not be liable for any alterations to the booked holiday arrangements made by you whilst away. Should you wish to make alterations you must obtain written consent from The Company, either directly or through the local representatives. Failure to obtain such consent will absolve The Company of all liability concerning any resultant additional costs, cancellation charges or the reimbursement of any unused accommodation. In all cases, The Company is only able to issue a refund for unused services should such refund be forthcoming to The Company from the suppliers involved (see section 6).
11) IF WE CHANGE YOUR BOOKING
On occasion it may be necessary to change the arrangements you have selected and we reserve the right to do so at any time. Most of these changes are minor, such as flight route changes, change in aircraft type etc and we undertake to inform you as soon as is reasonably possible. A major change is a change to your UK airport (except between Heathrow and Gatwick), a difference of more than 12 hours in your departure time, a change to your resort area or a move to a lower category hotel. When we are obliged to make a major change to your holiday arrangements, you will have the following options:
(a) accepting the changed arrangements as notified to you; or
(b) purchasing another available holiday from The Company. If it is more expensive you will have to pay the difference but if it is cheaper, we will refund the difference; or
(c) cancelling your holiday.
such a major change is notified to you within 56 days of departure then in all above cases (a), (b) and (c) we will pay you compensation on the scale set out below and should you choose option (c) we will also refund in full all monies received.
|56-43 Days||42-29 Days||28-15 Days||14-0 Days|
|Compensation Per Person||£20||£30||£40||£50|
However, in no case will we pay compensation if the change is due to Force Majeure (see section 22).
12) IF WE CANCEL YOUR BOOKING
Although it is unlikely, we reserve the right in any circumstances to cancel your holiday if more than 56 days before your planned departure date, in which event we will refund all monies paid. We will only cancel your holiday within 56 days of departure for reasons of Force Majeure in which event you will be offered an alternative holiday of comparable standard or a full refund of all monies paid.
13) COMPLAINTS AND DISPUTES
In spite of the many months of planning, problems do occasionally occur. Should you have a complaint whilst away then you MUST report it immediately to our Local Representative, Agent or The Company directly in order that the matter may be rectified during your holiday. In the unlikely event that your problem is not resolved on the spot then your complaint should be notified in writing to The Company within 30 days of your return. Failure to notify The Company, its Agents or Representatives of any grievance at the time will absolve The Company of all responsibility in the settlement of any subsequent related claim once you have returned.
Disputes arising out of or in connection with this contract which cannot be settled amicably may (if the Client so desires) be referred to arbitration under a special Scheme which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The Scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The Scheme does not apply to claims for an amount greater than £1,500 per person or £7,500 per Booking Form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequence of such injury or illness. The application for arbitration must be made within nine months of return from the holiday, although in special circumstances, this period may be extended.
14) BUILDING WORK AND NOISE
Many cities and hotels change and develop constantly. From time to time hotels have to undertake maintenance and restoration. This may mean there will be noise from building equipment and work may be visible from your room. We cannot predict when building work is likely to happen. When we do know, we will try to inform you prior to your departure. Please note building work could affect more than one hotel on your itinerary. There is bound to be some traffic noise if your hotel is located close to a road and the sound of aircraft if your hotel is in close proximity to an airport.
15) HOTEL CHECK INS
The standard international practice is to let rooms from midday to midday. However times do vary. Check-in times are usually between 2pm and 3pm, check-out times between 11am and 12 noon on the day of departure. Therefore, if you check in immediately after a night flight this would normally count as one night’s accommodation. Similarly if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management.
16) THE COMPANY’S RESPONSIBILITY
a) The Company has taken all reasonable steps to ensure the suppliers with whom we do business are reputable and efficient and that they comply with the laws of the country in which they operate. The Company has also taken reasonable care in making the holiday arrangements offered and accepts responsibility for ensuring that there are no deficiencies in the services we are contractually obliged to provide and that they are provided to a reasonable standard. Should deficiencies occur then The Company will pay reasonable compensation to a maximum of twice the total cost of the holiday. This maximum amount will only be awarded in extreme cases and when you have thus obtained no enjoyment whatsoever from the holiday. In all other cases, The Company will pay an amount it considers reasonable for the inconvenience suffered. Please note that The Company will not accept responsibility for disappointment suffered as a result of unrealistic expectations. The Company does not accept responsibility where there has been no fault on our part or that of our suppliers or the cause was your own fault or the actions of a third party unconnected with the holiday arrangements, or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised. The Company has no liability for changes to or cancellation of schedules by scheduled airlines and also has no liability if you or any member of your party is prevented from travelling on an aircraft or vessel by any person in authority at the airport or port or is denied access to accommodation or services by any person in authority because you or the party member appears unfit to travel or is likely to cause disturbance or discomfort to any other travellers. In this latter instance full cancellation charges will also be applied. b) In the unfortunate event that you suffer death or personal injury as a result of an activity forming part of your Holiday Arrangements we accept responsibility except where there has been no fault on our part or that of our suppliers or the cause was your own fault, the actions of a third party unconnected with the Holiday Arrangements or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised.
c) In the case of air travel, rail travel, sea travel or hotel accommodation we limit our liability to compensate you under clauses 15 (a) and (b) in accordance with the provisions of the Warsaw Convention as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974 Athens Convention, the 1962 Paris Convention and the 1999 Montreal convention respectively.
d) Where we accept responsibility under 15 (a) and (b) above it is a requirement that you:
(i) assign to us your rights against the person or persons responsible so that we may be subrogated to those rights and claim in your place
(ii) will co-operate fully (at The Company’s expense) should we or our insurers wish to enforce those rights.
e) Should you or any member of your party through misadventure suffer death, personal injury or illness during the holiday arising out of an activity unconnected with the holiday arrangements, The Company may, where appropriate and at its discretion, provide general advice and assistance in connection with any claims you may have against third parties. The Company may agree to assist with initial legal costs up to a maximum of £5,000 per Booking Form and provided the Client notifies us of any intention to bring legal action within 90 days of the misadventure. Any costs incurred by The Company shall in any event be repaid to us by the Client where any claim is successful or the Client has the benefit of applicable insurance cover.
17) INFORMATION ACCURACY
All conditions, hotel descriptions and flight details shown here are correct to the best of our knowledge. Once your holiday has been confirmed certain alterations may still occur and we shall endeavour to notify you immediately (see section 11). In particular, you should note that the applicable Condition of Carriage of the Airline or Airlines onto which you are booked will apply. All Carriers reserve the right to change flight timings and re-route their flights and any details relating to aircraft type which may have been proffered at the time of booking cannot be guaranteed. Likewise, certain facilities at the hotels may be unavailable at given times of the year (e.g. swimming pool closed for cleaning, restaurant undergoing refurbishment or given over temporarily to a specific function). In such instances, our liability shall be limited to advising you, wherever possible, of any significant changes and to offer every assistance to ensure that your travel plans are not inconvenienced or disrupted.
18) PASSPORT & VISA INFORMATION
All travellers must be in possession of a passport with recommended 6 months unexpired validity. Visa requirements vary from country to country and we suggest you contact the appropriate embassy for current visa information. British passport holders travelling from the UK to the USA are required to obtain a visa from the US Embassy or may be eligible to travel on the Visa Waiver Program. All eligible travellers wishing to travel to the USA under the Visa Waiver Program are now subject to enhanced security requirements and must apply for authorisation via the US Department of Homeland Security website https://esta.cbp.dhs.gov. Please allow sufficient time for your visa waiver application to be processed before your departure date. US Customs will not allow entry to anyone with incorrect documentation. There are certain exceptions where British passport holders will NOT qualify for the Visa Waiver Program and will require a visa for entering the USA, which must be obtained prior to travel. Non-eligible travellers include anyone holding a non-machine readable passport ie an old blue passport or anyone with a criminal conviction or record (other than minor road traffic offences in the UK). Entry requirements to the USA are subject to change and you are strongly advised to check current details on the US embassy website www.usembassy.org.uk or tel 09055 444546. NB Some passports issued by British Consular posts abroad may not be machine readable – please check with the UK Passport Service on 0870 521 0410 or www.passport.gov.uk for further information.
19) HEALTH MATTERS & TRAVEL ABROAD
Health matters and vaccination requirements vary from country to country. We suggest that Clients check recommended practice with their GP, practice nurse or travel health clinic. The Foreign & Commonwealth Office produces up-to-date travel information to help British travellers make informed decisions about travelling abroad, visit www.fco.gov.uk/knowbeforeyougo
20) SPECIAL REQUESTS
If you have a special request for a facility or service not advertised (ie. adjoining room or airline seat requests), we shall pass it on to the relevant supplier but we cannot guarantee that it will be met and we have no liability to you if it is not. We cannot accept any booking that is conditional upon special requests being met.
21) DATA PROTECTION STATEMENT
order to process your booking and to ensure that your travel arrangements run smoothly, we need to use the information you provide such as name, address etc. We take full responsibility for ensuring that proper security measures are in place to protect your information and you have the right to see any information details that we hold on you. This information must be passed on to relevant suppliers such as airlines, hotels, etc and to public authorities such as customs/immigration if required by them, or as required by law. Additionally 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 your travel arrangements. This applies to any sensitive information provided such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking you consent to this information being provided to the relevant persons.
‘The Company’ means Colletts Travel Ltd.
b) ‘Client’ means any person signing a Booking Form or on whose behalf a Booking Form is signed.
c) ‘Force Majeure’ shall include but not be limited to, acts of God, acts of government, war (whether declared or not), threat of war, other hostilities, terrorist activity, civil strife, strikes, riots, fire, thefts, epidemics, quarantine or medical regulations, natural and nuclear disaster, medical or customs regulations, technical or administrative problems with transport, industrial disputes, closure of airports, breakdown in machinery, or equipment or similar events beyond the control of The Company.
d) ‘Holiday Arrangements’ means all hotel or other accommodation, transportation by bus or other vehicle, rail, ship or air, tours and other services including (without limitation) insurance.
e) ‘CAA’ means the Civil Aviation Authority.
f) ‘ABTA’ means the Association of British Travel Agents.
g) ‘ATOL’ means Air Travel Organiser’s Licence.
23) GOVERNING LAW
All matters concerning the booking and in particular but without limitation in respect of questions of liability and quantum of damages under Clause 15 above shall be governed by English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.