of unusual and unforeseeable circumstances beyond our control, the
consequences of which we could not have avoided even with all due care. 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.
|Period before departure a significant change or cancellation is notified to you or your travel agent|| ||Compensation Per Person|| |
56-35 days £50 per person
34-15 days £75 per person
14-0 days £100 per person
Very rarely, we may be forced by 'force majeure' (see clause 12) to change or terminate your arrangements after they have commenced but before their scheduled end. This is extremely unlikely but if this situation does occur, we will try to obtain refunds for any unused services from our suppliers. If we are successful we will pass these on to you after deducting our own costs in obtaining them. If we are not successful we regret we cannot give you any refund as this situation is totally outside our control. We cannot pay you any compensation or be responsible for any costs or expenses incurred by you as a result. In accordance with EU Regulation 2111/2005 we are required to bring to your attention the existence of a 'Community List' of airlines which are subject to an operating ban in the EU and to advise you of the actual carrier operating your flight/connecting flight/transfer or, if not known, the likely carrier. We do this by listing the carriers to be used or likely to be used in the Airline Information pages and, where known, advising you of the operating airline at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. The Community List of banned carriers is available for inspection at http:// ec.europa.eu/transport/air-ban/list_en.htm 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 above provisions of this clause 11 where a significant change is made will apply.
12. 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 contractual obligations is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, 'force majeure'. Circumstances amounting to 'force majeure' include any event that we or the supplier of the services in question could not, even with all due care, foresee or avoid such as (whether actual or threatened) war, civil strife, riot, terrorist activity, industrial dispute, natural or nuclear disaster, fire, sickness, weather conditions, the acts of any government or public authority and all similar events which are beyond our control. Please note that we are reliant on information provided by the Foreign Office.
13. RESPONSIBILITIES OF THE COMPANY
(clause 13(1) applies to packages only)
(1) We promise to make sure that the 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 arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note 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 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 (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
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 arrangements and which were unforeseeable or unavoidable or
'force majeure' as defined in clause 12 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. Please also see clause 17 'Excursions and Activities.' In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(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. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. 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 arrangements in question.
(5) For all claims which do not involve death or personal injury or luggage or personal possessions, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 13(6) below or elsewhere in these booking conditions. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 13(6) below. You must ensure you have appropriate travel insurance to protect your belongings.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or regulation applies, 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 concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens Convention for international travel by sea or COTIF, the Convention on International Travel by Rail).
Please note: 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 entitled to receive from the carrier for the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) 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. Additionally we cannot accept liability for any losses or expenses which relate to any business (including self employed loss of earnings).
14. YOUR RESPONSIBILITIES
(1) It is your responsibility to arrive at the correct departure point in good time before departure and any loss, damage or expense which you suffer through failure to do so lies with you. We cannot accept any liability if you miss your flight or any other form of transport.
(2) At all times, you must behave in a reasonable and responsible manner towards any other person you meet in the course of your travel arrangements. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party's full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave 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 prior notice, to terminate the arrangements of the person(s) concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
(3) You must take all sensible precautions to protect your own safety and wellbeing while you are on holiday. Please ensure you are familiar with the layout of your hotel or other accommodation and in particular the location of fire exits, escape routes and alarms as soon as possible after arrival. Children of all ages should be appropriately supervised at all times given local safety standards may be very different to those found in the UK, particularly in the vicinity of swimming pools and balconies which present inherent risks. Balconies may not be enclosed in a way which would prevent a child or adult falling from them. Swimming pools may not have regular or reliable depth markings and may contain unexpected and unmarked changes of depth. Swimming pool surrounds may be slippery when wet. You must personally familiarise yourself with the depth of the pool and any hazards it contains. The pool should be checked before every use and any apparent defects immediately reported. You must not enter any pool after drinking any alcohol, even a moderate amount, or when it is closed and must not dive into it except into any area which is specifically designated as suitable for diving and then only after you have personally checked the depth.
(4) Any passports, visas, health certificates, international driving licences and other immigration requirements and travel documents required for the holiday must be obtained by the client, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by the client or by the Company on the client's behalf) as a result of failure to comply with such requirements.
15. CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You can request copies of the relevant conditions of carriage from our offices. This brochure is our responsibility, as your travel company. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Scheduled airlines' prices are based on fares current at the time of print. All airlines are subject to operational delays, change of aircraft and routing, over which we have no control. In the unlikely event that this does happen, arrangements for meals, overnight accommodation, etc. should be met by your airline. Conditions of carriage are available on request.
NB: 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 his/ her return flight.
16. BROCHURE DESCRIPTION, FREE OFFERS AND SINGLE SUPPLEMENTS
All information concerning the hotels, villas and resorts used by the Company is continually checked to ensure that it is correct at the time of advertising. Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the holiday arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovation etc. If you are a single traveller, or your party consists of a number less than the accommodation sleeps, a supplement will be levied. This is because our contract is based on a price per room/villa/chalet, whilst our holidays are sold on a per person basis, including flights and other elements. Some hotels do offer rooms that only sleep one person and, in this instance, there will normally be a supplement. Pictures of rooms shown in the brochure may not illustrate the room booked or that available with lead-in prices.
17. EXCURSIONS AND ACTIVITIES
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 13(1) of our booking conditions will not apply to them. Where we or your accommodation supplier/manager make or take any booking for or from you in respect of any activity or excursion available outside your accommodation, we or the accommodation manager/ supplier, as applicable, do so solely as booking agent. This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, in resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we or the accommodation manager/supplier are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned.
Where your accommodation supplier/manager (e.g. your hotel) makes or takes a booking for or from you in respect of an activity, facility or service provided by the accommodation supplier/manager but which is not advertised in our brochure or on our website and we have not taken any payment from you for this activity, facility or service, your contract for that activity, facility or service is directly with the hotel and not us. We have no liability for any such activity, facility or service or for any act(s)
or omission(s) of the accommodation supplier/manager or for any of its/their employees or agents or any other person(s) connected with the activity service or facility. If however we are found liable in any respect for any such activity or excursion that liability is limited to the price you paid for the particular activity, facility or excursion concerned.
Nothing in this clause 17 shall be construed as an attempt by us to exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
Should you have a problem or any cause for complaint during your holiday, you must immediately inform the relevant supplier (e.g. your hotelier, chalet management company, airline) and our resort representative (where applicable) who will endeavour to rectify the problem while you are on holiday. If your problem or complaint remains unresolved, please telephone us on 01244 567 000 reversing the costs of the call, or call the emergency contact numbers as detailed in your itinerary. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, please follow this up within 28 days of your return by writing to our Client Services Department at the Eden Collection, Lakeside, St David's Park, Nr Chester CH5 3YE, giving your booking reference/details of your booking and all other relevant information. It is strongly recommended that you communicate any problem or complaint to the supplier of the services in question as well as to our representative (where applicable) without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your problem or complaint whilst you were in resort and this may affect your rights under your contract with us.
19. DATA PROTECTION