prestonholidays.co.uk: Booking Conditions
2007

BOOKING CONDITIONS

YOUR CONTRACT IS WITH PRESTON TRAVEL (C.I.) LIMITED.


1. YOUR CONTRACT

A contract will exist as soon as we issue our confirmation invoice which will be

posted to you. English Law will apply to your contract and any matter which

arises between us (except as set out below). Any matter which arises between

us must be dealt with under the ABTA Arbitration Scheme (see clause 8) or by

the Courts of England and Wales only unless, in the case of Court  proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable.


2. FINANCIAL PROTECTION

We are a member of ABTA (V6612). We also hold an Air Travel Organiser’s

Licence (ATOL 1272) issued by the Civil Aviation Authority. This means the air

holidays in this brochure/on our website are ATOL protected. In the unlikely

event of our insolvency, the CAA will ensure that you are not left stranded

abroad and will arrange to refund any money you have paid to us for an

advance booking (see www.atol.org.uk). If your holiday does not include flights,

ABTA will financially protect your holiday in the same way except where your

contracted arrangements with us do not include transport to and from the UK. In this case, if already abroad, you will be returned to the point where your

contracted arrangements with us commenced.  Please note: ATOL protection
extends primarily to customers who book and pay in the UK.  Please visit the web address above for further details. Please note that some of the links to other sites on our website are to non ABTA sites. The ABTA scheme of financial protection does not apply to these sites.


3. HOLIDAY PRICE

We reserve the right to alter and correct errors in the prices of any of the holidays shown in our brochure / website at any time. You will be advised of the current price of the holiday that you wish to book and any error of which we are aware before your booking is confirmed.  At the time of booking you must pay a deposit of £75 per person, together with insurance premium, if required. A supplementary deposit maybe required to secure certain arrangements which are non-refundable. Camping deposits of £100 are payable locally at time of check-in which are refunded If there is no loss to or damage to equipment. The balance of the price of your travel arrangements must be paid no less than eight weeks before your departure date. Payments by credit card  Mastercard/Visa) are subject to a handling fee. If all monies are not paid in full and on time (including any surcharge where applicable) on time, we shall cancel your travel arrangements. If the balance is not paid in time we shall also retain your deposit. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 5 depending on the date we reasonably treat your booking as cancelled. For flight inclusive bookings, all monies paid to an authorised agent for your holiday with us will be held on our behalf until they are paid to us or refunded to you. The price of your travel arrangements is based on known hotel rates and transport costs on 01 November 2006. All prices are shown in UK pounds sterling Prices valid from 01 January 2007 to 31 December 2007 or until publication of any revised edition if earlier or later.

We try hard to ensure that all information is correct and accurate. However,

errors can occur. If we discover an error in the pricing of the holiday you have

ordered, we will tell you and ask whether you wish to continue with the order

or cancel it. Once the price of your chosen holiday has been confirmed at the time of booking, we will, subject to the correction of errors, only increase or decrease it subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increasing or decreasing or our costs increase or decrease as a result of any changes in the exchange rates used to calculate the cost of your holiday. We will not impose a surcharge within 30 days of departure. We will absorb any increase in our costs equivalent to 2% or less of the price of your travel arrangements, excluding insurance premiums and any amendment charges. You will be surcharged for the amount over and above that, plus an administration charge of £1 per person together with an amount to cover

commission. If this means that you have to pay an increase of more than 10%

of the price of your travel arrangements, you will have the choice of the options

set out in clause 6. Although insurance (where purchased through us) does not
form part of any contract with us or of any package we will consider an appropriate refund of insurance  premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your confirmation invoice. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. Refunds will not be paid if any applicable decrease in costs occurs within 30 days of departure. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. Certain airlines may charge for additional pieces of luggage even though they may be under the required weight.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

 

4. CHANGES BY YOU

We will do our utmost to assist you to make changes but it may not always be
possible for changes to be made. Requests for changes must be in writing from the person who made the booking. You must pay an administration fee of £25 per person (maximum £75 per booking), and any further costs we incur or which are imposed by any of our suppliers as a result of the change.

Certain travel arrangements (low cost airlines, special class air fares i.e.: Apex

Tickets) cannot be changed after a reservation has been made and any

alteration request will incur a 100% cancellation charge


5. CANCELLATION BY YOU

Written notification from the person who made the booking must be received at

our offices. Since we incur costs in cancelling your travel arrangements, you

will have to pay the applicable cancellation charges shown below. Except as

stated below*, where the cancellation charge is shown as a percentage, this is

calculated on the basis of the total cost of the holiday payable by the person(s)

cancelling excluding insurance premiums and amendment charges. Insurance

premiums and amendment charges are not refundable.


Period before departure we receive notification of cancellation.
Cancellation charge

56 days or more loss of deposit.

42-55 days 30%.

28-41 days 60%.

8-27 days 90%.

0-7 days or after departure 100%.

*Certain travel arrangements (low cost airlines, Special class air fares i.e.:

Apex Tickets), incur 100% cancellation charges if you cancel at any time after

the reservation has been made. For all bookings which include these travel

arrangements, the cancellation charges set out in the table above represent a

percentage of the total cost of the accommodation, car hire, transfer etc portion

of the holiday only. In addition to these, you will also have to pay by way of

cancellation charge 100% of the flight element of your holiday irrespective of

the period before departure within which the cancellation notice is received. If

the reason for your cancellation is covered under the terms of your insurance

policy, you may be able to reclaim these charges (subject to any policy excess).

 

6. IF WE CHANGE OR CANCEL YOUR HOLIDAY

Occasionally, we have to make changes to and correct errors in brochure / website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor although sometimes we may have to make a significant change.  Examples of a minor change are a change of airline, aircraft or ferry type used in the provision of your holiday/flight, an alteration in your outward travel time by less than 12 hours, a change or accommodation to another of the same standard.

 

If we have to make a major change or cancel, we will tell you as soon as

possible. If there is time to do so before departure, we will offer you the choice

of:- (a) (for major changes) accepting the changed arrangements.
(b) purchasing an alternative holiday/arrangements from us, of a similar standard to that originally booked if available. if this holiday is in fact cheaper than the original one, we will refund the price difference. (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

A change of airport within the London airport area (Heathrow, Gatwick, Luton or Stansted) or a change of ferry port is not classed as a major change.

If we have to make a major change or cancel, we will also pay you the

compensation payments set out in the table below depending on the

circumstances and when the major change or cancellation is notified to you

except where we are forced to make a change or cancel as a result of unusual

and unforeseeable circumstances beyond our control (see “force majeure”

below) the consequences of which we could not have avoided even with all due care or where the minimum number of persons required to operate your holiday has not been reached – in this case we will tell you by the deadline specified. No compensation will be payable and the above options will not be

available if we cancel as a result of your failure to comply with any requirement

of these booking conditions entitling us to cancel (such as paying on time) or if

the change made is a minor one. Please also see clause 9.


MAJOR CHANGES: More than 56 days: NIL. 29-56 days: £30.
15-28 days: £40. 0-14 days: £50.
Compensation will not be payable for infants or children travelling at reduced rates.

CANCELLATION: More than 56 days: NIL. 29-56 days: £10.15-28 days: £20. 0-14 days: £25.

 

Very rarely, we may be forced by "force majeure" (see below) to change or
terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result
.

 

FORCE MAJEURE: Except where otherwise expressly stated in these booking

conditions, we regret we cannot accept liability or pay any compensation where

the performance or prompt performance of our obligations under our contract

with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 9(1) below as a result of “force majeure” i.e. any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute,

natural or nuclear disaster, adverse weather conditions, fire and all similar

events outside our control.

 

7. COMPLAINTS

Please inform the relevant supplier and our resort representative immediately

who will endeavour to put things right. It is strongly recommended that you

complete a Holiday Report Form whilst in resort. If your complaint is not

resolved locally, please follow this up within 28 days of your return home by

writing to: Preston Travel, Customer Services Department, Sapphire House, 22 East Barnet Road, Barnet, Herts EN4 8RQ giving your booking reference and all other relevant information. If you fail to follow this simple procedure this may affect your rights under this contract including any compensation you may otherwise have been entitled to.


8. WHAT HAPPENS TO COMPLAINTS

Disputes arising out of, or in connection with, this contract which cannot be

amicably settled may be referred to arbitration, if the customer so wishes,

under a special Scheme arranged by the Association of British Travel Agents,

and administered independently by the Chartered Institute of Arbitrators. The

scheme provides for a simple and inexpensive method of arbitration on

documents alone with restricted liability on the customer in respect of costs.

Full details will be provided on request or can be obtained from the ABTA

website (www.abta.com). The Scheme does not apply to claims for an amount

greater than £5,000 per person. There is also a limit of £25,000 per booking

form. Neither does it apply to claims which are solely in respect of physical

injury or illness or their consequences. The Scheme can however deal with

compensation claims which 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 application for arbitration and Statement of Claim

must be received by the Chartered Institute of Arbitrators within nine months of

the date of return from the holiday. Outside this time limit arbitration under the

Scheme may still be available if the company agrees, but the ABTA Code does

not require such agreement. For injury and illness claims, you may like to use

ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a

voluntary scheme and requires your tour operator to agree for mediation to go

ahead. The aim is to help you resolve your dispute in a quick and cost effective

way. Details on request or from www.abta.com.


9. OUR LIABILITY

Package and Accommodation Only Holidays Only

(1) We promise to make sure that the holiday arrangements we have agreed to

make, perform or provide as applicable as part of our contract with you are

made, performed or provided with reasonable skill and care. This means that,

subject to these booking conditions, we will accept responsibility if, for

example, you suffer death or personal injury or your contracted holiday

arrangements are not provided as promised or prove deficient as a result of the

failure of ourselves or our employees, agents or (but not for accommodation only bookings) our suppliers to use reasonable skill and care in making,

performing or providing, as applicable, your contracted holiday arrangements. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and (but not in the case of  accommodation only bookings)  suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example

loss of enjoyment), damage, expense, cost or other sum or claim of any

description whatsoever which results from:- the act(s) and/or omission(s) of the

person(s) affected or any member(s) of their party or - the act(s) and/or

omission(s) of a third party not connected with the provision of your holiday

which were unforeseeable or unavoidable or - “force majeure” as defined

above.

(3) Please note, we cannot accept responsibility for any services which do not

form part of our contract.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for

deciding whether the services in question had been properly provided. If the

particular services which gave rise to the claim or complaint complied with local

laws and regulations applicable to those services at the time, the services will

be treated as having been properly provided. The exception to this is where the

claim or complaint concerns the absence of a safety feature which might lead a

reasonable holiday maker to refuse to take the holiday in question.

(5) Where any claim or part of a claim concerns any travel arrangements

(including the process of getting on and/or off the transport concerned) forming

part of the arrangements we have agreed to make, perform or provide as

applicable as part of our contract with you and which are provided by any air,

sea, rail or road carrier or any stay in a hotel, the maximum amount of

compensation we will have to pay you will be limited. The most we will have to

pay you for that claim or that part of a claim if we are found liable to you on any

basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel

arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international by air, the Athens Convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which we could not have foreseen you would

suffer if we breached our contract with you or which did not result from any

breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.

(7) If you have booked a package holiday and you or any member of your party

suffers illness, injury or death, through misadventure, as a result of an activity

which does not form part of your contracted holiday arrangements, we will

provide you with all reasonable assistance. This may include our making a

contribution towards your initial legal costs in taking action against the

person(s) responsible providing you request this within 90 days of the incident

in question. All assistance is subject to our reasonable discretion and a

maximum total cost to ourselves of £5,000 per booking form. If you are entitled

to have any costs and expenses arising from such an incident met by or from

any insurance policy or if you obtain a costs order against anyone in relation to

the incident, you must repay to us the costs and expenses we spend in assisting you.


Flight Only Bookings

In respect of flight only bookings, we enter into a direct contract with you to

ensure that you are protected by CAA ATOL Regulations (see clause 2 above).

Our only obligation under that contract is to reserve a seat for you with the

airline concerned or such other airline as may be substituted and provide you

with a ticket for travel. We have no responsibility or liability for the provision of

the actual flight itself or for the acts or omissions of the airline concerned. The

airline's terms and conditions of carriage will apply to your contract (copy

available on request). Our maximum liability if we are found to be at fault in

connection with our obligation to reserve a seat for you and provide you with a

ticket for travel as set out above is limited to twice the price of the booking in

question. Where a carrier would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are due to receive from the airline for the complaint or claim in question


All Bookings

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. Reimbursement in such cases is the responsibility of the airline

and will not automatically entitle you to a refund of your holiday cost from us or enable you to cancel or change you contracted arrangements with us without charge

 

10. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS

A full British passport presently takes approximately 6 weeks to obtain.

Requirements may change and you must check the up to date position in good

time before departure. Information on health is contained in the Department of

Health leaflet T6 (Health Advice for Travellers) available from your local

Department of Health office and most Post Offices. For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E111. From January 2006 E111 forms will not be valid.)

 

The party leader must ensure that all members of the party are in possession of all necessary travel and health documents before departure. We cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct

documentation. If you or any member of your party is not a British Citizen or

holds a non British passport, you must check passport and visa requirements

with the Embassy or Consulate of the country(ies) to or through which you are

intending to travel.


11. HOLIDAY CONDUCT

When you book with us, you accept responsibility for any damage or loss

caused by you or any member of your party. If in our reasonable opinion or in

the reasonable opinion of any other person in authority, you or any member of

your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without notice to terminate the holiday of the person(s) concerned without

compensation or refund.

 

12. ACCURACY

The prices and offers are valid and correct to the best of our knowledge at the time of publication (01 November 2006). All prices and offers are subject to change and errors to correction. If we discover an error in the pricing of the holiday you have ordered, we will tell you and ask whether you wish to continue with the order or cancel it. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.



13. CONDITIONS OF SUPPLIERS .

Many of the services which make up your holiday are provided by independent
suppliers. Those suppliers provide these services in accordance with their own
terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

14. INSURANCE
We consider adequate travel insurance to be essential.  Details of the policy we offer are available on request. If you decide not to purchase this insurance, you must give us details in writing of your alternative policy (insurer and policy number).  If you fail to do so, we will add the appropriate premiums for the personal travel insurance we offer to your confirmation invoice.  These premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full. Please read your policy details carefully and take them with you on holiday.  It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.  We do not check alternative insurance policies. 



15. TRAVEL

In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required
to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm.

 

In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking.  Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this.   Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your flight. The flight timings and types of aircraft shown which are detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 6 (If we change or cancel your holiday) will apply. We cannot accept any liability whatsoever for any delay in your flight to or from the UK, except as set out in clause 6. However in certain circumstances you may be able to make a claim under an insurance policy for any adverse effects you or your party may suffer as a result of flight delays.

 

07/03/07
© 2007 Preston Travel Group Holdings Limited. All rights reserved.