Terms & Conditions
GENERAL BOOKING CONDITIONS
We want you to enjoy your holiday and would suggest you read
carefully all the information supplied which should then enable you
to select the holiday most suitable for you. When you book a holiday
with us, we both enter into a legally binding contract with
obligations on both of our parts. The conditions set out below
define these obligations.
1) WHO ARE COLLETTS TRAVEL
Colletts Travel Ltd (hereafter referred to as “The Company”) are
members of ABTA (The Association of British Travel Agents). We are
fully bonded under the Civil Aviation (Air Travel Organisers Licencing) Regulations 1972 (a) (ATOL 2996) which provides for full
security of monies paid over by our Clients and for the repatriation
of our Clients in the unlikely event of our insolvency.
2) BOOKING YOUR HOLIDAY
When booking a holiday, Clients will be requested to complete and
sign a Booking Form and to pay either a deposit or the full amount
(dependent on when the booking is made) plus the applicable
insurance premium. A contract between The Company and the Client
will come into force only when the signed Booking Form and
appropriate payment have been received and The Company has issued
its Confirmation/Invoice. This contract will then bind both parties
to all the Booking Conditions contained herein. Any term or
condition contained in the General Information section herein shall
also form part of these Conditions and shall be read in conjunction
with them. The person signing the Booking Form shall be deemed to
act as Agent for all persons shown thereon and that signature,
regardless of whether the signatory is travelling, shall bind all
members of the travelling party jointly and severally to the Booking
Conditions and to any term or condition deemed to be a Booking
Condition.
3) PAYMENT
A deposit of £100 (£200 on cruise holidays) per person plus any
required prepayments plus any applicable insurance premium is
payable at the time of booking. Such prepayments may include
components that require advance deposits, or domestic flights that
require immediate ticket issue. This amount will be identified to
you at the time. The Company will then issue its
Confirmation/Invoice detailing the ‘Balance Due By Date’ and as no
reminder will be sent it is most important that this date is noted
and adhered to. Failure to do so could result in the cancellation of
your holiday and the relevant cancellation charges as detailed in
section 9 would then apply.
If a booking is made within 8 weeks of departure date then the full
amount must be paid at the time of booking.
4) PRICE GUARANTEE
All holiday prices are subject to increase or decrease depending on
changes in costs and exchange rates and we reserve the right to
increase or decrease prices at any time. However once a booking has
been made and a Confirmation/Invoice issued then the holiday price
is confirmed and will not be subject to surcharges, unless you amend
your booking after it is issued. (Should you later wish to amend
your booking then the terms set out in section 8 will apply and a
new Confirmation/ Invoice will be issued which may involve revised
prices).
5) DOCUMENTATION
It is the Client’s responsibility to obtain all necessary passports,
visas, health certificates, driving licences and other documents
required for travelling on holiday. The Company will provide
guidance in this area but the Client MUST make appropriate enquiries
with the relevant authorities.
6) UNUSED SERVICES/LOST DOCUMENTS
No refunds will be made in respect of services included in the
holiday price which are unused by Clients after departure. We are
unable to assume liability in respect of any lost or mislaid travel
tickets or accompanying documents.
7) CHECK-INS
The Company will advise the Client of necessary check-in times and
of the need to reconfirm onward travel details whilst on holiday
when amended check-in times may then be given. However, it is the
Client’s responsibility to reconfirm all flights and check in on
time and The Company will accept no responsibility if Clients miss
or are refused boarding to flights due to late check-ins unless
resulting from an act or omission of The Company, its agents or
suppliers.
8) IF YOU CHANGE YOUR BOOKING
If you decide to change your booking after it has been confirmed an
amendment fee of £20 will be charged to cover our costs. Any
amendment will also be subject to any additional costs incurred
through increases in flights, hotels and other holiday costs the
amendment may entail. Any change in departure date will be construed
as a cancellation of the original booking and cancellation charges
as laid out in section 9 will be applied. If you change your booking
within 8 weeks of departure this will be treated as a cancellation
and cancellation charges as laid out in section 9 will be applied.
All amendment advice must be made in writing and signed by the
signatory on the Booking Form. If you change your booking by
transferring it to another person we will only be obliged to carry
out such a request where:
(a) you are prevented from travelling for reasons of personal
illness or serious illness of a close family relative, jury service
or unavoidable requirements of an employer. In any of these events
you will be asked to provide documentary evidence of the
circumstances; and
(b) the transferee meets all requirements of the holiday booked; and
(c) you, or the transferee, pays any balance due and an amendment
fee of £20 plus any charges which any of our suppliers may impose
because of the transfer. For example, airlines will not allow the
transfer of an Apex ticket and they will regard such a transfer as a
cancellation and new booking and will therefore only make the
booking if cancellation charges and replacement ticket costs are
met; and
(d) you have notified us in writing with all supporting details as
outlined above and with full details of the transferee at least 28
days before your departure date.
9) IF YOU CANCEL YOUR BOOKING
Should you or any member of your party wish to cancel your booking
once it has been confirmed then you will be liable to pay
cancellation fees as set out below. In certain cases the price of
your holiday is calculated by reference to the number of occupants
in a room. If one of these occupants cancels, not only will there be
a cancellation charge , but also the remaining members of your party
may have to pay an additional sum. All cancellation advice must be
made in writing and signed by the signatory on the Booking Form. The
amount payable will depend on when we receive written advice of the
cancellation. Insurance premiums will not be refundable. Please note
that in the case of a cancellation made after receipt of the travel
documents, no refund can be made unless all unused airline tickets
and other documents are returned to The Company.
|
Period before departure in which cancellation
notice is received |
More than 42 days |
42-29 days |
28-16 days |
15-01 days |
Day of departure or later |
| Cancellation charge |
Deposit only |
30% |
45% |
60% |
100% |
10) IF YOU CHANGE YOUR BOOKING WHILST AWAY
The Company will not be liable for any alterations to the booked
holiday arrangements made by you whilst away. Should you wish to
make alterations you must obtain written consent from The Company,
either directly or through the local representatives. Failure to
obtain such consent will absolve The Company of all liability
concerning any resultant additional costs, cancellation charges or
the reimbursement of any unused accommodation. In all cases, The
Company is only able to issue a refund for unused services should
such refund be forthcoming to The Company from the suppliers
involved (see section 6).
11) IF WE CHANGE YOUR BOOKING
On occasion it may be necessary to change the arrangements you have
selected and we reserve the right to do so at any time. Most of
these changes are minor, such as flight route changes, change in
aircraft type etc and we undertake to inform you as soon as is
reasonably possible. A major change is a change to your UK airport
(except between Heathrow and Gatwick), a difference of more than 12
hours in your departure time, a change to your resort area or a move
to a lower category hotel. When we are obliged to make a major
change to your holiday arrangements, you will have the following
options:
(a) accepting the changed arrangements as notified to you; or
(b) purchasing another available holiday from The Company. If it is
more expensive you will have to pay the difference but if it is
cheaper, we will refund the difference; or
(c) cancelling your holiday.
If such a major change is notified to you within 56 days of
departure then in all above cases (a), (b) and (c) we will pay you
compensation on the scale set out below and should you choose option
(c) we will also refund in full all monies received.
|
Period before scheduled departure in which a
major change is
notified to you |
56-43
days |
42-29
days |
28-15
days |
14-0
days |
| Compensation per person |
£20 |
£30 |
£40 |
£50 |
However, in no case will we pay compensation if the change is due to
Force Majeure (see Definitions section 19).
12) IF WE CANCEL YOUR BOOKING
Although it is unlikely, we reserve the right in any circumstances
to cancel your holiday if more than 56 days before your planned
departure date, in which event we will refund all monies paid. We
will only cancel your holiday within 56 days of departure for
reasons of Force Majeure in which event you will be offered an
alternative holiday of comparable standard or a full refund of all
monies paid.
13) COMPLAINTS AND DISPUTES
In spite of the many months of planning, problems do occasionally
occur. Should you have a complaint whilst away then you MUST report
it immediately to our Local Representative, Agent or The Company
directly in order that the matter may be rectified during your
holiday. In the unlikely event that your problem is not resolved on
the spot then your complaint should be notified in writing to The
Company within 30 days of your return. Failure to notify The
Company, its Agents or Representatives of any grievance at the time
will absolve The Company of all responsibility in the settlement of
any subsequent related claim once you have returned.
Disputes arising out of or in connection with this contract which
cannot be settled amicably may (if the Client so desires) be
referred to arbitration under a special Scheme which, though devised
by arrangement with the Association of British Travel Agents, is
administered quite independently by the Chartered Institute of
Arbitrators. The Scheme (details of which will be supplied on
request) provides for a simple and inexpensive method of arbitration
on documents alone with restricted liability on the customer in
respect of costs. The Scheme does not apply to claims for an amount
greater than £1,500 per person or £7,500 per Booking Form. Neither
does it apply to claims which are solely or mainly in respect of
physical injury or illness or the consequence of such injury or
illness. The application for arbitration must be made within nine
months of return from the holiday, although in special
circumstances, this period may be extended.
14) BUILDING WORK AND NOISE
Many cities and hotels change and develop constantly. From time to
time hotels have to undertake maintenance and restoration. This may
mean there will be noise from building equipment and work may be
visible from your room. We cannot predict when building work is
likely to happen. When we do know, we will try to inform you prior
to your departure. Please note building work could affect more than
one hotel on your itinerary. There is bound to be some traffic noise
if your hotel is located close to a road and the sound of aircraft
if your hotel is in close proximity to an airport.
15) THE COMPANY’S RESPONSIBILITY
a) The Company has taken all reasonable steps to ensure the
suppliers with whom we do business are reputable and efficient and
that they comply with the laws of the country in which they operate.
The Company has also taken reasonable care in making the holiday
arrangements offered and accepts responsibility for ensuring that
there are no deficiencies in the services we are contractually
obliged to provide and that they are provided to a reasonable
standard. Should deficiencies occur then The Company will pay
reasonable compensation to a maximum of twice the total cost of the
holiday. This maximum amount will only be awarded in extreme cases
and when you have thus obtained no enjoyment whatsoever from the
holiday. In all other cases, The Company will pay an amount it
considers reasonable for the inconvenience suffered. Please note
that The Company will not accept responsibility for disappointment
suffered as a result of unrealistic expectations. The Company does
not accept responsibility where there has been no fault on our part
or that of our suppliers or the cause was your own fault or the
actions of a third party unconnected with the holiday arrangements,
or could not have been foreseen or avoided by us or our suppliers
even if all due care had been exercised. The Company has no
liability for changes to or cancellation of schedules by scheduled
airlines and also has no liability if you or any member of your
party is prevented from travelling on an aircraft or vessel by any
person in authority at the airport or port or is denied access to
accommodation or services by any person in authority because you or
the party member appears unfit to travel or is likely to cause
disturbance or discomfort to any other travellers. In this latter
instance full cancellation charges will also be applied.
b) In the unfortunate event that you suffer death or personal injury
as a result of an activity forming part of your Holiday Arrangements
we accept responsibility except where there has been no fault on our
part or that of our suppliers or the cause was your own fault, the
actions of a third party unconnected with the Holiday Arrangements
or could not have been foreseen or avoided by us or our suppliers
even if all due care had been exercised.
c) In the case of air travel, rail travel, sea travel or hotel
accommodation we limit our liability to compensate you under clauses
15 (a) and (b) in accordance with the provisions of the Warsaw
Convention as amended by the Hague Protocol 1955, the 1961 Berne
Convention, the 1974 Athens Convention and the 1962 Paris Convention
respectively.
d) Where we accept responsibility under 15 (a) and (b) above it is a
requirement that you:
(i) assign to us your rights against the person or persons
responsible so that we may be subrogated to those rights and claim
in your place
(ii) will co-operate fully (at The Company’s expense) should we or
our insurers wish to enforce those rights.
e) Should you or any member of your party through misadventure
suffer death, personal injury or illness during the holiday arising
out of an activity unconnected with the holiday arrangements, The
Company may, where appropriate and at its discretion, provide
general advice and assistance in connection with any claims you may
have against third parties. The Company may agree to assist with
initial legal costs up to a maximum of £5,000 per Booking Form and
provided the Client notifies us of any intention to bring legal
action within 90 days of the misadventure. Any costs incurred by The
Company shall in any event be repaid to us by the Client where any
claim is successful or the Client has the benefit of applicable
insurance cover.
16) INFORMATION ACCURACY
All conditions, hotel descriptions and flight details shown here are
correct to the best of our knowledge. Once your holiday has been
confirmed certain alterations may still occur and we shall endeavour
to notify you immediately (see section 11). In particular, you
should note that the applicable Condition of Carriage of the Airline
or Airlines onto which you are booked will apply. All Carriers
reserve the right to change flight timings and re-route their
flights and any details relating to aircraft type which may have
been proffered at the time of booking cannot be guaranteed.
Likewise, certain facilities at the hotels may be unavailable at
given times of the year (e.g. swimming pool closed for cleaning,
restaurant undergoing refurbishment or given over temporarily to a
specific function). In such instances, our liability shall be
limited to advising you, wherever possible, of any significant
changes and to offer every assistance to ensure that your travel
plans are not inconvenienced or disrupted.
17) TAILOR-MADE HOLIDAYS/BROCHURE VALIDITY
Please note that all arrangements booked and confirmed by the
Company which are made independently of those detailed also require
a completed, signed Booking Form and shall be governed by the same
Booking Conditions as detailed above.
18) SPECIAL REQUESTS
If you have a special request for a facility or service not
advertised (ie. adjoining room or airline seat requests), we shall
pass it on to the relevant supplier but we cannot guarantee that it
will be met and we have no liability to you if it is not. We cannot
accept any booking that is conditional upon special requests being
met.
19) DEFINITIONS
a) ‘The Company’ means Colletts Travel Ltd.
b) ‘Client’ means any person signing a Booking Form or on whose
behalf a Booking Form is signed.
c) ‘Force Majeure’ shall include but not be limited to, acts of God,
acts of government, war (whether declared or not), threat of war,
other hostilities, terrorist activity, civil strife, strikes, riots,
fire, thefts, epidemics, quarantine or medical regulations, natural
and nuclear disaster, medical or customs regulations, technical or
administrative problems with transport, industrial disputes, closure
of airports, breakdown in machinery, or equipment or similar events
beyond the control of The Company.
d) ‘Holiday Arrangements’ means all hotel or other accommodation,
transportation by bus or other vehicle, rail, ship or air, tours and
other services including (without limitation) insurance.
e) ‘CAA’ means the Civil Aviation Authority.
f) ‘ABTA’ means the Association of British Travel Agents.
g) ‘ATOL’ means Air Travel Organiser’s Licence.
20) GOVERNING LAW
All matters concerning the booking and in particular but without
limitation in respect of questions of liability and quantum of
damages under Clause 15 above shall be governed by English Law and
the parties shall submit to the exclusive jurisdiction of the
English Courts.