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the holiday place booking conditions
Your Contract is with: The Holiday Place PLC, a member of the Association of British Travel Agents.
Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept these booking conditions on behalf of yourself and your party.
You will have been alerted to the conditions of this booking at the time of booking and as soon as we issue our confirmation invoice, a contract will exist between you and The Holiday Place PLC. Please check your confirmation invoice carefully and contact us immediately if any details are not correct.
This contract is made on the terms of these booking conditions, 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.
Your Financial Protection
The Holiday Place is a member of ABTA, Nos.84059 and V8707, holding an ATOL No.3101, issued by the Civil Aviation Authority, which provides for your protection in the unlikely event of our insolvency.
Credit Card Policy
In our constant efforts to fight credit card fraud on the internet additional documentation may be required if:
- The traveller is not the card holder. ( 3rd party Credit cards )
- The credit card is not registered in the United Kingdom
- The journey originates outside of the U.K.
- Copy of Credit card both front and back.
- Copy of passport
- Recent utility bill or Credit card statement as proof of address
Your Holiday Price
Upon confirmation of your holiday, you must pay a deposit of £150 for each named person or the full holiday price if the booking is made within 10 weeks of departure. If you do not pay in full 10 weeks before departure, we reserve the right to cancel your booking with the deposit forfeited and cancellation charges will be applicable.
Please note that in certain circumstances, it may be necessary to make full payment for your flight seats or accommodation, at the time of booking in order that we can secure your reservation. This sum will be forfeited if cancellation takes place, after the confirmation has been made
Please see terms under paragraph - Cancellation By You
Changes Made By You
If you wish to alter arrangements after we have accepted your booking, we will do our best to help although this may not always be possible. An amendment fee of £40 per person named on the booking will be charged. If you or another member of your party is prevented from traveling you may, subject to any supplier restrictions, transfer the booking to someone else provided that:- We receive written notice of your wish to transfer 56 days before departure.
- The balance of the holiday is paid in full.
- An administration charge per person is paid PLUS you must agree to pay any charges levied by our suppliers
- The transferee meets all the conditions of the holiday you have booked.
All requests for changes made by you will be confirmed subject to our discretion, we reserve the right to refuse any changes.
Cancellation By You
If you or a member of your party decides to cancel their holiday, you as the person who made the booking must advise us of this in writing. Cancellation charges will apply depending upon when we receive the written notification. If we receive written notification of your intention to cancel, prior to 56 days before departure, your deposit per person will be forfeited. However, from 56 days onwards the following cancellation charges will apply. Insurance premiums paid are non-refundable.
Period before departure date within which written notice of cancellation is received % of holiday cost (excluding insurance premium)
Days to day of departure%
Up to 56 daysDeposit and if applicable additional sum taken at time of booking
56 - 28 days50%
27 - 15 days90%
14 days100%
If some but not all party members cancel, additional changes may be payable by the remaining members (e.g. under occupancy).
Please note in some circumstances 100% cancellation charges will apply from time of booking, this will be stated on you confirmation invoice.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to claim these charges.
Passport, Visa and Immigration Requirements
All passengers must be in possession of a passport, valid for at least 6 months beyond the planned return date. In addition to this, visas may be required for some countries. We will give advice wherever possible, however, your specific passport and visa requirements, and other immigration requirements 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.
Transfers
Transfer times are given as a guide and will be subject to change dependant on road and weather conditions or the number of stops made en route.
Representation
Our local representatives are available to answer any questions that you may have about the resort, book excursions and assist with transfers or any problem you may encounter. A representative may not be based at your hotel and it may be necessary to liaise with our resort office – details will be provided in your ticket wallet.
Weather
The weather charts featured are given only as a general guide. We cannot guarantee weather conditions. Please bear in mind that severe weather such as heavy rainfall, or rough seas are to be expected in the tropics at certain times during the year.
Brochure / Website Room Descriptions And Facilities
Photographs and descriptions of hotels and resort facilities are shown in good faith. Room descriptions are supplied by the hoteliers and in some cases we may sometimes refer to suites or deluxe accommodation. These are in general, larger rooms with additional features however this does not necessarily mean that the accommodation comprises more than one room. It is possible that occasionally facilities may be unavailable or limited, due to hotel maintenance, adverse weather conditions or seasonal restrictions etc. We have used all reasonable endeavours to ensure that nothing in our brochure is false or misleading at the time of going to press but reserve the right to change any brochure/website particulars before you book.
Please also bear in mind that specific requests made at the time of booking cannot be guaranteed.
Child Safety
Should you be traveling with young children, we recommend that you advise us at the time of the booking. The safety of your children is of utmost importance to us, however, we must stress that it is important for you to remain vigilant at all times during your holiday to ensure their safety.
Pregnancy Note
Airline regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel.
Normally after 32 weeks permission to travel is refused however, Airlines have different policies and we would need to check as to whether they will agree to carry you, prior to confirming your holiday.
It is imperative that you notify us of your pregnancy at the time of booking or as at such time you become aware.
Diving
All passengers intending to scuba dive will be required by the dive centre to complete a medical questionnaire. If your fitness is in question, you may be asked by the operator to undergo a medical examination. This may result in considerable additional cost for which you will be charged locally. No refunds will be given if you are refused medical clearance to dive. You are strongly advised to undergo a full medical examination before booking your holiday.
Our Agreement With You
Holiday price guarantee. Our sales consultants will quote to you the price of your holiday at the time you make your reservation. Once you have paid your deposit, or the full cost of your holiday and received our confirmation invoice, the cost of your holiday will not change. The price is fully guaranteed and will not be subject to any surcharges, unless levied by acts of parliament, government or other circumstances outside of The Holiday Place PLC control. We reserve the right to raise or lower our prices at any time before you book.
Changes Made By Us Before The Start Of Your Holiday
We aim not to make any changes to your holiday but arrangements are often made many months in advance with our suppliers over whom we have no direct control and changes may be necessary. Most changes will be minor and although we endeavour to advise you of any minor changes before your holiday, we have no obligation to do so and will not pay any compensation. We will endeavour to inform you of a major change before departure, a major change is defined as a significant change of resort, a change of accommodation to that of a lower official category, a change of your time of departure or return by more than 12 hours or a change of departure airport (except London airports).
In the event of our advising you of a major change before your departure we will provide you with 3 options.
- Accept the alternative arrangements which we may offer.
- Purchase another holiday from us, which if more expensive you will have to pay the difference, but if cheaper we will refund the difference.
- Cancel the holiday and receive a total refund of all monies paid to us.
Whichever of the three options is accepted we will also pay you compensation as set out in the table below.
Period before scheduled departure date within which a major change is notified to you and compensation per person.
More than 56 daysNil
56-14 days £15
13-0 days£30
Important Notice: Compensation will not be paid for situations beyond our control. Examples of situations beyond our control include but are not limited to war or threat of war, civil strike, industrial disputes, natural disaster, bad weather, terrorist activity, technical or maintenance problems with transport, changes due to a rescheduling or cancellation of flights by an airline or alteration of the aircraft type. (Please see details of your insurance cover regarding flight delays.)
Changes Made By Us During Your Holiday
We do not control the day-to-day management of your accommodation and if shortly before departure or on arrival at the resort we are advised that the reserved accommodation is not available we will take all reasonable steps to provide accommodation of the same standard and in the same resort. If only accommodation of a lower standard is available we will refund the difference of price as advertised at the time of booking, between the accommodation booked and the accommodation provided and in addition will pay you £30 compensation per person for any inconvenience.
Cancellation By Us
We reserve the right to cancel your holiday although we will only do so in limited circumstances. However, provided we have received full payment (see paying for your holiday), we will not cancel your holiday less than eight weeks before departure except for reasons beyond our control in which case we will offer you the choice of an alternative holiday if available, or a full refund of all monies paid. In the case of Coach Tours we reserve the right to cancel any tour up to 28 days prior to departure as such tours operate subject to minimum numbers. Should we find it necessary to cancel a tour you will be advised at least 28 days prior to departure and offered the option of accepting an alternative holiday or a full refund, no compensation payments will be made for cancelled tours.
Our Liability/Responsibility To You
As already stated, The Holiday Place plc is a member of ABTA, Nos 84059 and V8707, and is licensed by the Civil Aviation Authority ATOL No. 3101 and is fully bonded to protect customer holiday payments and repatriation.
(i) We accept responsibility for ensuring that your travel arrangements, which you have booked with us, are supplied as described in our brochure or on our website. If part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. Subject to paragraphs (i) and (ii), below our liability in all cases shall be limited to the full value of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents or sub contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law or the law you have chosen and subject to (iii) below.
(iii) The amount of compensation to which you are entitled to will be limited in accordance with and /or in an identical manner to
a) The contractual terms of the airlines that provide the transportation for your travel arrangements. These terms are incorporated into this contract; 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 accommodation, which limit the amount of compensation that you can claim 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 compensation contained in these conventions.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices 1-3 Drakes Court Yard, London NW6 7JR
(iv) 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 published at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday costs from The Holiday Place plc. Your right to a refund and or/compensation from us is set out above. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 or alternatively on www.auc.org.uk.
Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party suffers death, illness or injury whilst overseas, arising out of an activity that does not form part of your package travel arrangements with ourselves, we shall at our discretion offer advice, guidance and assistance. Where legal action is contemplated and you would like our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be subject to you undertaking to assign any costs and/or benefits received under any relevant insurance policy. We limit the cost of our assistance to you and any member of your party to £5000.
Behaviour
Please note that your holiday arrangements will be terminated by ourselves or our suppliers concerned (e.g. airlines, hotels, tour leaders etc.), if you are behaving in such a way as to cause or be likely to cause danger or distress to others or damage to property. In this situation, The Holiday Place plc will not be liable to make any refund, pay any compensation or meet any costs or experience you incur as a result of your behaviour. Please note that, at all times you are subject to the laws of the country you are visiting and must respect local cultures and customs.
Dealing With Complaints
If you have a problem during your holiday please inform the relevant hotel/resort representative immediately, who will then endeavour to rectify your problem. If you are unable to resolve your complaint locally it is imperative that you complete a report form, which can be obtained from our local representative. All complaints must be sent to our Customer Services Department at 1-3 Drakes Court Yard, London NW6 7JR, within 28 days of your return to the UK. We will not accept liability for any claims received after this deadline.
All complaints are dealt with in writing; we do not deal with complaints over the telephone as it is our policy to hold written records of all communication relating to problems experienced by our clients. It is also a condition of this contract that you communicate any problem to the supplier of the services in question and our representative in resort. If you fail to follow the procedure detailed above, we cannot accept responsibility as we have been deprived the opportunity to investigate and rectify the problem.
Any dispute arising out of or in connection with this contract that cannot be amicably settled between us may be referred to arbitration under the special scheme, which though devised by the Association of British Travel Agents is administered independently by the Chartered Institute of Arbitrators.
The scheme (details of which can be supplied on request or can be obtained from the ABTA website – www.abta.com) provides for a simple and inexpensive method of arbitration based on documents alone, with restricted liability on the client in respect of costs.
The scheme does not apply to claims from an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims that are solely or mainly in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims that 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 rules of the scheme provide that the application for arbitration must be made within 9 months of the date of return from the holiday, but in special circumstances it may still be offered outside this period.
Overseas Standards Expectations
We ask you to note that standards in certain overseas countries restaurants, bars and hotel services, are often quite different to those accepted as the “norm” in the UK, especially in third world countries, a fact recognised by seasoned travelers. Do not expect UK standards overseas, expect the relative “norm” found elsewhere at your country of destination and often well explained in many good travel guides.
There can be no monetary compensation in the case of such scenarios or disappointments.
Insurance
We cannot stress enough the importance of taking out adequate holiday insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, personal liability claims against you, loss or damage to luggage.
Price Availability
Our team is constantly working with suppliers to negotiate the lowest and best possible rates for our customers. Whilst we make every effort to ensure that online prices are correct, during PEAK PERIODS, prices may vary according to availability. This can mean that the price offered to you is lower that listed, it can also mean that the actual cost can be higher that the list price.
Health Requirements
It is the responsibility of all passengers to seek advice from appropriate sources with regards to inoculations, vaccinations or medical treatment that may be recommended/required for the country/countries they are visiting. We cannot accept liability for passengers who do not seek advice and are not adequately protected.
Flights and Flight Routings
Flights on our programme are arranged with reputable airlines. Should delays or cancellations occur, the airline would normally provide refreshments, meals and if necessary accommodation. We do not provide such services at the point of departure or at the point of return to the UK. Any claim relating to such events must be made directly to the airline.
A direct flight is a flight where there is no change of aircraft en route, but stops are possible, as the aircraft may need to refuel or allow other passengers to join or leave the aircraft. A Non-Stop flight travels from the origin to the destination without stopping. Where a flight is shown to travel via other destinations, at least one change of aircraft is necessary en route.
Due to unforeseen circumstances, airlines may find it necessary to alter the published routing. This may be a last minute change or can even occur during the flight to/from your destination.
Independent Travel Arrangement
Flight timings may also change. Should this occur, and if we are able, we will inform you as soon as we are made aware of any changes to the previously confirmed timings given to us by the airlines.
We cannot accept responsibility for independent travel arrangement made within the UK by clients, to reach their airport of departure or indeed their onward journey having arrived back to the UK.
Montreal Convention please click here
