BOOKING
CONDITIONS Tabiller Holidays
YOUR
CONTRACT IS WITH H.I.S. Europe Ltd, a Member of ABTA.
1.
Your holiday contract
When
you make a booking you guarantee that you have the authority
to accept and do accept on behalf of your party the terms
of these booking conditions. A contract will exist as soon
as we issue our confirmation invoice. This contract is made
on the terms of these booking conditions, which are governed
by English Law, and the jurisdiction of the English Courts.
You may however, choose the law and jurisdiction of Scotland
or Northern Ireland if you wish to do so.
If
you had not seen these terms and conditions when you made
your booking and you are not happy to proceed with the booking
now that you have seen them please return all documentation
to us or to your travel agent, within 7 days of receiving
these booking conditions. Your booking will be cancelled
and your monies will be returned in full, provided you have
not commenced your travel. This clause does not apply if
your booking was made within 10 weeks of travel.
2.
Your financial protection
The
Package Travel, Package Holidays and Package Tours Regulations
1992 require us to provide security for the monies that you
pay for the package holidays booked from this brochure and
for your repatriation in the event of our insolvency. We
provide this security by way of an ATOL number 5484 administered
by the Civil Aviation Authority.
When you buy an ATOL protected air holiday package and flights ? change
as from H.I.S. Europe Ltd or ViaJapan Holidays you will receive a
Confirmation Invoice from us confirming your arrangements and your
protection under our Air Travel Organiser’s Licence number 5484.
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. For further
information visit the ATOL website at www.atol.org.uk
The
price of our air holiday packages includes the amount of
£1 per person as part of the ATOL Protection Contribution
(APC) we pay to the CAA. This charge is included in our advertised
prices.
3.
ABTA
We are
a Member of ABTA, membership number J0629. We are obliged
to maintain a high standard of service to you by ABTA’s Code
of Conduct. We can also offer you an arbitration scheme for
the resolution of disputes arising out of, or in connection
with this contract. Further information on the Code and arbitration
can be found on ABTA’s website www.abta.com
The
arbitration scheme is arranged by ABTA and administered independently
by IDRS, part of the Chartered Institute of Arbitrators.
It provides for a simple and inexpensive method of arbitration
on documents alone with restricted liability on you in respect
of costs. Full details will be provided on request or can
be obtained from the ABTA website.
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 IDRS 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 the ABTA/Chartered
Institute of Arbitrators Mediation Procedure. This is a voluntary
scheme and requires us 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.
4. Your Holiday
Price
1) We
reserve the right to alter the prices of any of the holidays
shown in our brochure. You will be advised of the current
price of the holiday that you wish to book before your contract
is confirmed.
2) When
you make your booking you must pay a deposit of £25.00 per
person. The balance of the price of your travel arrangements
must be paid at least 12 weeks before your departure date.
If the deposit and/or balance is not paid in time, we shall
cancel your travel arrangements. If the balance is not paid
in time we shall retain your deposit. All monies you pay
to the travel agent are held by him on our behalf at all
times.
The price of your travel arrangements was calculated using exchange
rates calculated by H.I.S. Europe Ltd on the 2nd of January 2009 in
relation to the following currencies:
Euro
US Dollars
Swiss Franc
Iceland Krona
3) The
price of your travel arrangements is fully guaranteed and
will not be subject to any surcharges.
We
will absorb and you will not be charged for any increase
equivalent to 2% of the price of your travel arrangements,
which excludes insurance premiums and any amendment charges.
You will be charged for the amount over and above that, plus
an administration charge of £1.00 per person together with
an amount to cover agents’ 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 option of
accepting a change to another holiday if we are able to offer
one (if this is of equivalent or higher quality you will
not have to pay more but if it is of lower quality you will
be refunded the difference in price), or cancelling and receiving
a full refund of all monies paid, except for any amendment
charges.
Should
the price of your holiday go down due to the changes mentioned
above, by more than 2% of your holiday cost, then any refund
due will be paid to you. However, 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.
5. If You Change
Your Booking
If,
after our confirmation invoice has been issued, you wish
to change your travel arrangements in any way, for example
your chosen departure date or accommodation, we will do our
utmost to make these changes but it may not always be possible.
Any request for changes to be made must be in writing from
the person who made the booking or your travel agent. You
will be asked to pay an administration charge of £25.00,
and any further cost we incur 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.
Note:
Certain travel arrangements (e.g. Apex Tickets) may not be
changeable after a reservation has been made and any alteration
request could incur a cancellation charge of up to 100% of
that part of the arrangements.
6.
If You Cancel Your Holiday
You,
or any member of your party, may cancel your travel arrangements
at any time. Written notification from the person who made
the booking or your travel agent on your behalf must be received
at our offices. Since we incur costs in cancelling your travel
arrangements, you will have to pay the applicable cancellation
charges up to the maximum shown in clause 7.
Note:
If the reason for your cancellation is covered under the
terms of your insurance policy, you may be able to reclaim
these charges.
7.
If We Change or Cancel Your Holiday
It
is unlikely that we will have to make any changes to your
travel arrangements, but we do plan the arrangements many
months in advance. Occasionally, we may have to make changes
and we reserve the right to do so at any time. Most of these
changes will be minor and we will advise you or your travel
agent of them at the earliest possible date. We also reserve
the right in any circumstances to cancel your travel arrangements.
For example, if the minimum number of clients required for
a particular travel arrangement is not reached, we may have
to cancel it. However, we will not cancel your travel arrangements
less than 5 weeks before your departure date, except for
reasons of force majeure or failure by you to pay the final
balance. If we are unable to provide the booked travel arrangements,
you can either have a refund of all monies paid or accept
an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference
if the alternative is of a lower value). If it is necessary
to cancel your travel arrangements, we will pay to you compensation
as set out in this clause.
In accordance
with EU Regulation 2111/2005 we are required to advise you
of the actual carrier operating your flight/connecting flight/transfer.
We do this by listing carriers to be used or likely to be
used as follows:
British
Airways
Iceland Air
Air Malta
Iberia Airlines
Scandinavian Airlines System
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. Other examples of minor changes
include alteration of your outward/return flights by less
than 12 hours, changes to aircraft type, change of accommodation
to another of the same standard.
If
we make a major change to your holiday, we will inform you
or your travel agent as soon as reasonably possible if there
is time before your departure. You will have the choice of
either accepting the change of arrangements, accepting an
offer of alternative travel arrangements of comparable standard
from us if available we will refund any price difference
if the alternative is of a lower value, or cancelling your
booked holiday and receiving a full refund of all monies
paid. In all cases, except where the major change arises
due to reasons of force majeure, we will pay compensation
as detailed below
| |
IF WE MAKE A MAJOR CHANGE
TO YOUR HOLIDAY |
IF WE CANCEL YOUR HOLIDAY |
IF YOU CANCEL YOUR HOLIDAY |
| Period before departure
within which notice of Cancellation or major change is
received by us or notified to you |
Amount you will receive
from us |
Amount you will receive
from us |
Amount of cancellation charge |
| More than 84 days |
Nil |
Deposit Only |
75% of holiday cost |
| From 83 - 43 days |
£20 |
100% of holiday cost (+
£20) |
80% of holiday cost |
| From 42 - 29 days |
£30 |
100% of holiday cost (+
£30) |
85% of holiday cost |
| From 28 - 0 days |
£40 |
100% of holiday cost (+
£40) |
100% of holiday cost |
The
compensation that we offer does not exclude you from claiming
more if you are entitled to do so.
Force
Majeure This means that we will not pay you compensation
if we have to cancel or change your travel arrangements in
any way because of unusual or unforeseeable circumstances
beyond our control. These can include, for example, war,
riot, industrial dispute, terrorist activity and its consequences,
natural or nuclear disaster, fire, adverse weather conditions.
8.
If You Have A Complaint
If
you have a problem during your holiday, please inform the
relevant supplier (e.g. your hotelier) and our resort representative
immediately who will endeavour to put things right. If your
complaint is not resolved locally, please follow this up
within 28 days of your return home by writing to our Customer
Services Department at 14 Charles II Street London SW1Y 4QU
giving your booking reference and all other relevant information.
Please keep your letter concise and to the point. This will
assist us to quickly identify your concerns and speed up
our response to you.
It
is strongly recommended that you communicate any complaint
to the supplier of the services in question as well as to
our representative 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
complaint whilst you were in resort and this may affect your
rights under this contract.
9.
Our Liability to You
If the
contract we have with you is not performed or is improperly
performed by us or our suppliers we will pay you appropriate
compensation if this has affected the enjoyment of your travel
arrangements. However we will not be liable where any failure
in the performance of the contract is due to: you; or a third
party unconnected with the provision of the travel arrangements
and where the failure is unforeseeable or unavoidable; or
unusual and unforeseeable circumstances beyond our control,
the consequences of which could not have been avoided even
if all due care had been exercised; or an event which we
or our suppliers, even with all due care, could not foresee
or forestall.
Our
liability, except in cases involving death, injury or illness,
shall be limited to a maximum of 1 times the cost of your
travel arrangements. Our liability will also be limited in
accordance with and/or in an identical manner to
(a)
The contractual terms of the companies that provide the transportation
for your travel arrangements. These terms are incorporated
into this contract; and
(b) Any relevant international convention, for example the Montreal
Convention in respect of travel by air, the Athens Convention in respect
of travel by sea, the Berne Convention in respect of travel by rail
and the Paris Convention in respect of the provision of accommodation,
which limit the amount of compensation that you can claim for death,
injury, delay to passengers and loss, damage and delay to luggage.
We are to be regarded as having all benefit of any limitation of compensation
contained in these or any conventions.
You
can ask for copies of the transport companies' contractual
terms, or the international conventions, from our offices
(14 Charles II Street London SW1Y 4QU Tel 020 7484 3310.
Under
EU law (Regulation 261/2004) you have rights in some circumstances
to refunds and/or compensation from your airline in cases
of denied boarding, cancellation or delay to flights. Full
details of these rights will be publicised at EU airports
and will also be available from airlines. However reimbursement
in such cases will not automatically entitle you to a refund
of your holiday cost from us. Your right to a refund and/or
compensation from us is set out in clause 6. If any payments
to you are due from us, any payment made to you by the airline
will be deducted from this amount. If your airline does not
comply with these rules you should complain to the Air Transport
Users' Council on 020 7240 6061 www.auc.org.uk
10.
Prompt assistance in resort
If the contract we have with you is not performed or is improperly
performed as a result of failures attributable to a third party unconnected
with the provision of the services, or as a result of failures due
to unusual and unforeseeable circumstances beyond our control, the
consequences of which could not have been avoided even if all due care
had been exercised, or an event which we or our suppliers, even with
all due care, could not foresee or forestall, and you suffer an injury
or other material loss, we will offer you such prompt assistance as
is reasonable in the circumstances.
11.
Passport, Visa and Immigration Requirements
Your
specific passport and visa requirements, and other immigration
requirements are your responsibility and you should confirm
these with the relevant Embassies and/or Consulates. We do
not accept any responsibility if you cannot travel because
you have not complied with any passport, visa or immigration
requirements.
12.
Excursions
Excursions
or other tours that you may choose to book or pay for whilst
you are on holiday are not part of your package holiday provided
by us. For any excursion or other tour that you book, your
contract will be with the operator of the excursion or tour
and not with us. We are not responsible for the provision
of the excursion or tour or for anything that happens during
the course of its provision by the operator.
This
brochure is our responsibility, as your tour operator.
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. 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.