1. YOUR HOLIDAY CONTRACT
The holidays featured are operated by
The Eden Collection Ltd ('the Company'/'we'/'us'/'our') which is
registered in England under Company number 6664069. Your contract
is with the Company and the following booking conditions, together
with the information set out in 'Essential Reading' and the
relevant brochure descriptions, will form the basis of your
contract with the Company.
We both agree that English law (and no
other) will apply to your contract and to any dispute, claim or
other matter of any description ('claim') which arises between us.
We both also agree that any such claim (and whether or not
involving any personal injury) must be dealt with 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 claim
governed by the law of Scotland/Northern Ireland as applicable (but
if you do not so choose, English law will apply) . In these booking
conditions, 'you' and 'your' means all persons named on the
booking, or any of them as applicable (including anyone who is
added or substituted at a later date).
Except where otherwise stated, these
booking conditions only apply to holiday arrangements which you
book with us in the UK and which we agree to make, provide or
perform (as applicable) as part of our contract with you. All
references to 'booking', 'contract', 'holiday' or 'arrangements'
mean such arrangements unless otherwise stated, 'accommodation'
means the hotel, apartment or chalet which you have booked as part
of your holiday and 'departure' means the start date of the
arrangements you have booked with us.
2. YOUR FINANCIAL PROTECTION
For flights and flight inclusive
arrangements, we provide security for the monies that you pay us
and for your repatriation in the event of our insolvency by way of
an ATOL number (9902) administered by the Civil Aviation Authority
When you buy an ATOL-protected air
holiday package and/ or flights from us, you will receive a
confirmation invoice from us (or via our authorised travel agent)
confirming your arrangements and your protection under the
Company's ATOL*. In the unlikely event of our insolvency, the CAA
will ensure that you are not stranded abroad and will arrange to
refund any money you have paid to us for an advance booking. F
or further information, visit the ATOL
website at www.atol.org.uk. Not all holiday or travel services
offered and sold by us are protected by the ATOL Scheme.
*The air inclusive holidays we arrange
are ATOL protected providing either the person who pays for the
booking is present in the UK when the booking is made or the first
leg of any flight or flights we arrange for you commences in the
UK. Please note - some of the clauses in these booking conditions
only apply to arrangements which constitute a 'package'.
A package is a combination of at least
two out of accommodation, transport and other tourist services,
where bought from us at the same time, at an inclusive price.
Therefore, these clauses will not apply to any 'accommodation only'
(including villas) bookings. The clauses which only apply to
packages are clearly identified below.
On making an enquiry with us or one of
our authorised travel agents regarding a holiday booking, we will
issue you with a quote.
To secure your booking (subject to
availability), you should telephone us or your authorised travel
agent to confirm your booking and pay the relevant deposit as
detailed in clause 4.
All correspondence will be sent to the
client at the address specified or, where you book through one of
our authorised travel agents, to the agent. The person who makes
the booking ('party leader') guarantees that he/she has the
authority to accept and does accept on behalf of all members of
your party, the terms of these booking conditions.
The party leader accepts responsibility
for paying for all persons named on the booking and for keeping
them advised of the booking details and all information we send to
you. A contract will exist between us as soon as we issue our
Please check the contents of the
invoice and all other items we send you carefully and, in the event
of a discrepancy or error, contact us immediately as it may not be
possible to make changes later. We regret we cannot accept any
liability if we are not notified of any inaccuracy in any document
within 14 days of our sending it out (5 days for tickets).
We will do our best to rectify any
mistake notified to us outside these time limits but you must meet
any costs involved in doing so. The only exception to this
requirement to meet costs is where the mistake in question was made
by us and there is good reason why you did not tell us about it
within these time limits.
A minimum deposit of 10%, with a
minimum of £250* per person and with a maximum of £2,500 per
booking, of the total holiday cost must be paid at the time you
confirm your booking. For villa and chalet bookings, a deposit of
30% of the total holiday cost is required.
The amount of your deposit will be
notified to you when we issue you with a quote. Approximately 10
weeks before the date your arrangements are due to commence, we
will send you a final invoice. Where applicable, this invoice will
show any surcharge which has become payable - see clause 6 'The
Price You Pay'.
The price of your holiday as shown on
your final invoice will not increase. Usually, the balance of the
cost of your arrangements must be received by us not less than 8
weeks before the date your arrangements are due to commence. If the
booking is made within 8 weeks (or after the balance due date if
earlier) of the date your arrangements are due to commence, the
full cost of the holiday must be paid at the time of the
For some holidays or elements of
holidays, full payment must be received earlier than 8 weeks in
advance. We will advise you at the time of booking where this is
the case. In the event that the balance is not paid by the due
date, we have the right to treat your holiday as cancelled by you
and you will forfeit all payments made or due at that date.
Alteration or cancellation by a client
of an accepted booking will be subject to the provisions of these
booking conditions. *Please note that higher deposits may be
requested if prepayments to suppliers are necessary. All payments
made at the time of booking are non refundable except where
otherwise specifically stated in these booking conditions.
NB: A selection of our airline fares
require full payment at the time of booking and also carry 100%
cancellation charges. If this is the case, we will advise you at
the time of booking.
We reserve the right to pass on credit
card charges for holiday balance payments. Except for flight
inclusive bookings, all monies you pay to an authorised travel
agent for your booking with us will be held by the agent on your
behalf until we issue our confirmation invoice.
After that point, the agent will hold
the monies on our behalf until they are paid to us. For flight
inclusive bookings all monies you pay to an authorised travel agent
for your booking with us will be held by the travel agent on our
behalf until they are paid to us or refunded to you.
5. SPECIAL REQUESTS AND DISABILITIES /
If you have any special request, you
must advise us in writing at the time of booking. Although we will
endeavour to pass any reasonable requests on to the relevant
supplier, we regret we cannot guarantee any request will be met
unless we have specifically confirmed this.
For your own protection, you should
obtain confirmation in writing from us that your request will be
complied with (where it is possible for us to give this) if your
request is important to you.
Confirmation that a special request has
been noted or passed on to the supplier or the inclusion of the
special request on your confirmation invoice or any other
documentation is not confirmation that the request will be met.
Unless and until specifically confirmed, all special requests are
subject to availability.
We regret we cannot accept any
conditional bookings, i.e. any booking which is specified to be
conditional on the fulfilment of a particular request. All such
bookings will be treated as 'standard' bookings subject to the
above provisions on special requests.
If you have any medical problem or
disability which may affect your arrangements or any special
requirements as a result of any medical condition or disability
(including any which affect the booking process), please tell us
before you confirm your booking so that we can assist you in
considering the suitability of your chosen arrangements and/ or
making the booking. In any event, you must give us full details in
writing at the time of booking and whenever any change in the
condition or disability occurs.
You must also promptly advise us if any
medical problem or disability develops after your booking has been
confirmed which may affect your arrangements.
6. THE PRICE YOU PAY
The Eden price promise is based on a
like-for-like quote at the same time of booking compared to
suppliers' published/rack rates. The prices shown in this brochure
were calculated on the basis of then known costs and exchange rates
as shown in the Financial Times Guide to World Currencies on 17 May
We reserve the right to alter and
correct errors in the prices of any of the holidays shown in this
brochure. You will be advised of the current price of the holiday
that you wish to book, at the time of booking. Once the price of
your chosen holiday has been confirmed at the time of booking, then
subject to the correction of errors, we will only increase or
decrease the price in the following circumstances.
A surcharge or refund (as applicable)
will be payable, subject to the conditions set out in this clause,
in the event of any change in our transportation costs or in dues,
taxes or fees payable for services such as landing taxes or
embarkation or disembarkation fees at ports or airports. We will
not however surcharge for variations in exchange rates.
Even in the above cases, only if the
amount of any increase in our costs exceeds 2% of the total cost of
your holiday (excluding any amendment charges) will we levy a
surcharge. If any surcharge is greater than 10% of the cost of your
holiday (excluding any amendment charges), you will be entitled to
cancel your booking and receive a full refund of all monies you
have paid to us (except for any amendment charges) or alternatively
purchase another holiday from us as referred to in clause 11
'Cancellation or Changes Made by the Company'.
Where applicable, you have 14 days from
the issue date printed on the surcharge invoice to tell us if you
want to choose option (b) or (c) as set out in clause 11 below. If
you do not tell us that you wish to choose either of these options
within this period of time, we are entitled to assume that you do
not wish to do so and will pay the surcharge.
Any surcharge must be paid with the
balance of the cost of your arrangements. Please note that
arrangements are not always purchased in local currency and some
apparent changes have no impact on the price of your holiday due to
contractual and other protection in place.
A refund will only be payable if the
decrease in our costs exceeds 2% of the total cost of your holiday
as set out above. Where a refund is due, we will pay you the full
amount of the decrease in our costs.
We promise not to levy a surcharge
after we send you our final invoice approximately 10 weeks prior to
departure. No refund will be payable if any decrease in our costs
occurs during this period either.
7. IF YOU CHANGE YOUR BOOKING
If, after your confirmation invoice has
been issued, you wish to change your travel arrangements in any
way, we will do our utmost to make these changes, however, please
note that it may not always be possible.
Any request for changes to be made must
be in writing from the person who made the booking. You will be
required to pay an administration charge of £45 per booking, plus
any further costs we incur or our suppliers incur or impose in
making this alteration.
You should be aware that these costs
could increase the closer to the departure date that changes are
made, and you should contact us as soon as possible.
NB: Certain travel arrangements, like
many flight bookings for example, cannot be changed after a
reservation has been made and, therefore, any alteration requests
could incur a cancellation charge of up to 100% of that part of the
arrangements, plus any additional charges for replacement
8. INABILITY TO TRAVEL
If any booked person is prevented from
travelling on the holiday you booked due to genuine circumstances
(such as your own personal injury or illness or the death or
serious illness of a close relative), the Company will agree to
that person's booking being transferred to another suitable person
(introduced by you) provided they meet all the requirements
relating to that holiday and, that the holiday arrangements remain
the same apart from the name change.
You must provide proof of why you are
unable to travel, at the time you request to transfer your booking.
The Company must be given reasonable notice of the transfer request
and in any event, the booking cannot be transferred within 14 days
of the date of departure.
If the transfer can be made then an
administration charge of £45 per booking together with all costs
and charges levied or incurred by the suppliers must be paid before
the transfer will be effected. For flight inclusive arrangements,
you must pay the charges levied by the airline concerned.
As most airlines do not permit name
changes after tickets have been issued for any reason, these
charges are likely to be the full cost of the original flight in
addition to the cost of the new flight.
Bookings may not be transferred to
another person in any other circumstance. In the event of you
transferring your booking to another person, you are jointly and
severally liable for payment of the holiday cost and other
The person to whom the booking is
transferred must agree to be bound by these booking conditions.
(this clause applies to packages only)
You are required to pay the balance of
your holiday by the due date, as shown on your invoice. If you do
not, then the Company reserves the right to cancel the booking and
retain your deposit.
You may cancel your holiday
arrangements, or any part of them, at any time. To make a
cancellation, the party leader must write to the Company as soon as
possible with full details.
Since we incur costs in cancelling your
holiday arrangements, you will have to pay the applicable
cancellation charges as detailed below.
Upon receipt of the written
cancellation at our offices, the following charges will be levied
depending on the number of days prior to departure: Period before
departure we receive written notification Cancellation Fee:
Before balance due date Loss of
Balance due date - 45 days 30% of
balance plus loss of deposit
44-20 days 75% of balance plus loss of
19-0 days 100% of balance plus loss of
Day of departure or after 100% of total holiday cost
Where any cancellation affects the
basis on which the cost of your holiday was calculated (for
example, where as a result only one person will occupy a
double/twin room), we will recalculate the cost and re-invoice you
The above cancellation charges may vary
to reflect the terms and conditions of the Company's suppliers and
some bookings are subject to 100% cancellation charges if cancelled
at any time.
You will be advised at the time of
booking if the conditions vary and if higher cancellation charges
NB: We strongly recommend that you have
adequate TRAVEL INSURANCE including cancellation cover. If the
reason for your cancellation is covered under the terms of your
insurance policy, you may be able to reclaim these charges (less
any applicable excess) from the insurance company.
10. ALTERATION TO A CONFIRMED BOOKING
AFTER TRAVEL HAS COMMENCED
We regret that no credit or refund is
possible for any unused services included in the cost of your
If you decide to alter your travel
arrangements whilst abroad this is your own responsibility and the
Company is not responsible for any extras or difficulties that may
arise with onward travel as a result of such alterations.
No credit or refund is possible for any
lost, mislaid, stolen or destroyed documents.
11. CANCELLATION OR CHANGES MADE BY THE
Occasionally, we may have to make
changes to your holiday arrangements and we reserve the right to do
so at any time.
Most of these changes will be minor and
we will advise you of them at the earliest possible date. We also
reserve the right in any circumstances to cancel your travel
We will not cancel your travel
arrangements less than 8 weeks before your departure date, except
for reasons of 'force majeure' (see clause 12) or failure by you to
pay the final balance.
NB: Carriers, such as airlines,
referred to in the brochure may be subject to change. Such a change
is deemed to be a minor change.
Other examples of minor changes include
alteration of your outward/return flights by less than 12 hours,
change to different accommodation of the same standard and changes
to aircraft type (where advised).
If we have to make a significant change
before the date your arrangements are due to commence we will
inform you or your travel agent as soon as reasonably
Significant changes are changes to your
confirmed arrangements such as a change of UK airport to one which
is more inconvenient to you (except as between Heathrow, Gatwick
and Stansted), a change of resort or accommodation to a lower
category/standard or an alteration to the outward or return time of
your international flight (where arranged by us) by more than 12
If there is time to do so we will offer
you the choice of:
a) accepting the changed arrangements,
b) purchasing other arrangements from
c) cancelling your arrangements and
receiving a full refund of all monies you have paid to us.
Please note, the above options are not
available where any change made is a minor one.
If we have to make a significant change
or cancel less than 8 weeks before the date your arrangements are
due to commence we will pay you the compensation payments set out
in the table below depending on the circumstances and when the
significant change or cancellation is notified to you subject to
the following exceptions.
Compensation will not be payable and no
liability beyond offering the above mentioned choices can be
accepted where we are forced to make a change or cancel as a result
of unusual and unforeseeable circumstances beyond our control, the
consequences of which we could not have avoided even with all due
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
Period before departure a significant change or cancellation is
notified to you or your travel agent.
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
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
(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
and which were unforeseeable or
- 'force majeure' as defined in clause
(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
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
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 (clause 13(1) applies to
packages only) 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 £1,000 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 unamended 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 mployees 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
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
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
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
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
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
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
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
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
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
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
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
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
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
19. DATA PROTECTION
We will only process the personal data
we collect from you as permitted by the Data Protection Act 1998
appears on our website at www.edencollection.co.uk.
20. BROCHURE/PRICE VALIDITY
This brochure is valid for the period
October 2010 to October 2012. The prices shown are for guidance
purposes only, were correct at the time of publication but will
change during the lifetime of this brochure. The up to date,
applicable price for your chosen arrangements will be provided on
enquiry or at the time of booking.
The Eden Collection Ltd, E&OE, published October 2010.
Designed and produced by The Eden