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■Brochure Accuracy
We carefully check the information given in our brochure about
accommodation , itineraries etc to ensure that it is correct
at the time of going to press (January 2008). However , please
bear in mind that hoteliers and other service providers may
wish to maintain or improve their facilities. There may be
changes to flight timings and optional excursion itineraries
may change as a result of local conditions. Circumstances
such as these, or weather conditions , time of year , etc
may cause some of the amenities we have described to be unavailable
or different from those advertised in our brochure.We reserve
the right to change any of process, services or other particulars
contained in this brochure at any time before we enter into
a contract with you. If there is any change, we will notify
you before we enter into such a contract.
■Validity
of the brochure
This brochure is valid for the period of 01 April 2008 through
to 31 October 2008
■Providing
your Holiday
Your contract is with H.I.S. EUROPE LTD. We will arrange to
provide you with the various services which form part of your
holidays. Before your booking is confirmed and a contract
comes into existence we reserve the right to increase brochure
prices.
■Holiday
Security
H.I.S. EUROPE LTD. Limited is a member of ABTA with membership
number JO629. We also hold an ATOL with number 5484. As such
we are fully bonded according to ABTA’s rules and abide by
ABTA’s Code of Conduct. In order to ensure that the monies
you pay for your holiday are protected we will issue a confirmation
invoice showing the details of the services that you have
booked including the price and the amount of money paid by
you. You should check these details carefully and contact
us immediately if there are any discrepancies. Please go to
www.abta.com for a copy of the Guide to ABTA’s Scheme of Financial
Protection. This arrangement ensures that payments made by
you for your holiday arrangements would be refunded and/or
that you that would be repatriated in the unlikely event of
our insolvency.
■Passport,
Visa and Health Requirements
It is your responsibility to make the necessary applications
and to comply with any regulations governing entry to your
chosen country. If you do not obtain a visa, where this is
required, or your passport for any other travel documentation
is not in order and you are unable to travel as a result,
you will be liable to pay the cancellation charges set out
below. Furthermore, we will not accept any responsibility
or refund any money in cases where you are unable to travel
because of an invalid or mislaid visa or passport. Non British
citizens should check with their embassy or consulate to obtain
details of the relevant equirements.
The Foreign and Commonwealth Travel Advice Office issues travel
advice, which is regularly updated, and which relates to political,
economic and other circumstances prevailing in countries throughout
the world. If you want any such advice, you should contact
them. Their telephone number is 0207 238 4503/4504, and details
are also available on BBC2 CEEFAX page 470 and on the internet
at www.fco.gov.uk.
Sources of information about health requirements include the
Department of Health’s free leaflet Health Advice for Travellers,
which is available by telephoning 0800 555 7777.
■Accommodation
We categorise all hotels in a star rating to give a general
guide. However, standards can vary between hotels of the same
class in different countries. In general, hotel rooms are
available between noon and 3pm on your day of arrival. Unless
otherwise stated, rooms will have either a bath or a shower
and a wash basin.
Single rooms - although supplements are payable for single
accommodation, it should be noted that the standard and location
of single rooms is not always as good as that of twin/double
rooms.
Triple rooms - are often available and will comprise a twin
room with an extra folding bed/couch unless otherwise stated,
which may restrict space. In the case of that there is no
additional discount for a triple room, the price charged will
be the same as a Twin Room passenger.
Child reductions - When reductions are available, these are
based upon one child sharing a room with two full fare paying
passengers. Children's ages must be stated on the booking
form to qualify for any reduction.
■What's
Included in your Holiday
1. Return Economy class flights/2nd class trains as specified
in your brochure
2. Accommodation in standard twin bedded rooms unless otherwise
started
3. Government taxes and compulsory service charges for hotels.
4. All UK and European airport taxes and passenger charges
5. Meals as specified in the itineary
■What's
not Included in your Holiday
1. Travel Insurance
2. Hotel facilities, eg; sport and leisure equipment(if a
charge is applicable)
3. Infant food, usually payable to the hotel
4. Passport, medical injections and certificates
5. Laundry, telephone calls and all other items of a personal
nature
6. Transport between your home and UK departure airport
7. Optional excursions
■Tour
Prices
Changes in *transportation costs, including the cost of fuel,
*dues, taxes or fees chargeable for services such as landing
taxes or embarkation or disembarkation fees at ports and airports
and *exchange rates mean that the price of your travel arrangements
may change after you have booked. However there will be no
change within 30 days of your departure.
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 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.
We will consider an appropriate refund of insurance premiums
paid if you can show that you are unable to transfer or reuse
your policy. Should you decide to cancel for this reason,
you must exercise your right to do so within 14 days from
the issue date printed on your final invoice.
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."
The price of your holiday have been calculated in accordance
with foreign currency exchange rate.
■Booking
your Holiday
When you wish to confirm your holiday booking, you must pay
a deposit of £25 per person(excluding infants). If your are
making the booking within 31days of departure, you must make
full payment at time of booking. Booking may be made direct
to our office. If you book direct with us, we will immediately
either issue a Confirmation Invoice or return your deposit.
When you make a booking and pay a deposit or full amount,
you are confirming that you understand, and have accepted
our Booking Conditions and the General Information which form
the basis of your contract and a legally binding contract
is made upon our acceptance of your payment.
■Payment
of Balance
You must pay the balance of your holiday cost within 10days
of making your reservations otherwise we shall be entitled
to cancel your booking in which case you will be liable for
the cancellation charges detailed under Cancellation by you.
■Tickets
Once we have received full payment, you will be sent your
travel documents approximately 7-10 days prior to departure.
Your travel documents will give the recommended check-in times
for your flights. Should you fail to check-in on time and
miss your flight we do not have any liability to your for
this or its consequences.
■Complaints
Most problems can be sorted out straight away if we know about
them. Accordingly, if you have a complaint you must advise
our representative/local agent immediately as well as the
relevant supplier(eg; hotel staff). If you wish to follow
up your complaint, you must write within 28 days of your return
from holiday to the following address:
H.I.S. EUROPE LTD.
14 Charles U Street, London SW1Y 4QU
quoting your booking details. We will then investigate your
complaint. We regret that we cannot accept any liabilitiy
in relation to any complaint or problem if you fail to notify
us strictly in accordance with this paragraph. We certainly
hope we can settle any holiday complains amicably, however
should this prove not to be the case you may refer any dispute
relating to this contract to an Arbitrator appointed by the
Chartered Institute of Arbitrators. The scheme provides for
a simple and inexpensive method of arbitration on documents
alone with restricted liability of the client in respect of
costs. The scheme does not apply to claims for an amount greater
than £7500 per booking form, or to claims which are solely
or mainly in respect of physical injury or illness, or the
consequences of such injury or illness. An application for
arbitration must be made within 9 months of the date of return
from the holiday, but in special circumstances it may still
be offered outside this period.
■Changes/Cancellation
by H.I.S.EUROPE LTD.
(i) We reserve the right to make changes
to your holiday arrangements after we have confirmed
your booking, and if we do so, we will use our best endeavours
to inform you before departure and make suitable alternative
arrangements.
(ii) Any change we make to your holiday will
be either major or minor. A major change includes a change
of UK departure airport (not including between airports in
London), a change of flight time by more than 12 hours, or
a change to a lower category of accommodation. Any other change
is a minor change. If there is a minor change, we will do
our best to notify you of this, but we are not under any obligation
to do so or to pay you compensation. If there is a major change,
we will advise you as soon as is reasonably possible. You
will then have the choice of accepting the change, taking
an alternative holiday (and where this is of a lower price,
we will refund the difference, but where it is of a higher
price, you must pay the difference), or withdrawing from the
contract and accepting a full refund of all monies paid, excluding
any insurance premiums or amendment charges. In addition,
(on the assumption that the full balance has been paid) we
will pay you compensation which is reasonable given the circumstances
in question. Compensation will not be considered appropriate,
for example, in cases where a major change has to be made
as a result of force majeure or underbooking (as defined below).
(iii) If we have to cancel your holiday before
the date of departure, you will have the choice of taking
an alternative holiday (and where this is of a lower price
we will refund the difference, but where this is of a higher
price, you must pay the difference) or withdrawing from the
contract and accepting a full refund of all monies paid, excluding
any insurance premiums or amendment charges. In addition,
(on the assumption that the full balance has been paid) and
where such cancellation is not due to force majeure or underbooking(as
defined below), we will pay you compensation which is reasonable
given the circumstances in question. Where such cancellation
is due to underbooking, we will inform you before 35 days
of the departure date.
(iv) Underbooking is the situation in which
the minimum number of bookings required to run a holiday is
not met. Force majeure is unusual and unforeseeable circumstances
beyond our control, the consequences of which neither we nor
our suppliers could avoid, examples of which are war or threat
of war, riots, civil strife, terrorist activity, epidemic,
industrial disputes, natural or nuclear disaster, fire or
adverse weather conditions, level of water in rivers or other
similar events beyond our control.
(v) In the unlikely event that we become
unable to provide a significant proportion of the services
you have booked after you depart, we will make alternative
arrangements for you to continue your holiday at no extra
charge, or, if this is impossible, or you do not accept these
alternative arrangements for a good reason, we will provide
you with transport back to your point of departure. In addition,
if appropriate, we will pay you compensation of an amount
which is reasonable taking into account all the circumstances.
Compensation will not be considered appropriate, for example,
in cases where a major change has to be made as a result of
force majeure or underbooking (as defined above).
■Cancellation/Changes
by you
If you wish to make any change to your holiday arrangements,
we will do our best to accommodate you. Any change is subject
to availability, and also to payment of an administration
fee of £25 per person and any associated costs of the change
imposed by our suppliers. You should note that airlines and
rail companies in particular may treat a change to a booking
as a cancellation and new booking, and therefore charge a
100% cancellation fee. Please note that, particularly after
payment of the final balance, it may be difficult to amend
your booking.
Should you wish to cancel your
holiday, you may do so by telephoning us. We may not receive
your cancellation by letter, email or facsimile so please
bear in mind our business hours should you wish to cancel.
If you cancel, you will be liable to pay the following cancellation
charges:
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Period before departure
date
in which cancellation is made
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Charge |
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More than 56 days |
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Deposit (£25) |
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43-56 days inclusive |
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30% of holiday price |
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29-42 days inclusive |
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45% of holiday price |
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15-28 days inclusive |
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75% of holiday price |
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8-14 days inclusive |
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90% of holiday price |
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0-7 days inclusive |
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100% of holiday price |
Please note that any cancellation
after the issue of airline or rail tickets will nearly always
result in that supplier imposing 100% cancellation charges.
H.I.S. EUROPE LTD. will automatically issue tickets after
31days prior to departure unless advised otherwise. Therefore,
after we issue airline or rail tickets earlier than usual
under customer’s acceptance, or by customer’s request, or
depending on the airline’s regulations, we will charge 100%
of the holiday price.
Please bear in mind all airline and rail company regulations
and ask our sales staff if you have any questions, prior to
booking.
■Transfer
of Bookings
You may change your booking within a reasonable time before
departure by transferring it to another person if you are
unavoidably prevented from travelling, and the transferee
meets any conditions which may apply to the booking. The right
to transfer is subject to payment of an administration fee
of £25 per person (plus appropriate holiday insurance premium,
if applicable), together with all additional charges of whatever
sort imposed by the suppliers providing the component parts
of the holiday.
■Transport
Delays
We have no control over the time flights and other transport
departs and therefore cannot guarantee that flights or any
other transport will depart at the time specified. In the
event of any delay, we are under no liability to you whatsoever
to provide appropriate meals etc. Although we will use our
best endeavours to arrange for the air carrier or other transport
provider to do so, we will not make any such provision.
■Our
Liability to you
(i)Our obligations, and those of our suppliers
providing any service or facility involved in your holiday,
are to take reasonable skill and care to arrange for the provision
of such services and facilities and, where we or our supplier
is actually providing the service or facility, to provide
them with reasonable skill and care. Compliance with any applicable
regulatory requirements (such as, for example, those of the
Civil Aviation Authority) will be proper performance of our,
and our suppliers’, obligations.
(ii)For claims which do not involve death
or personal injury, we accept liability, subject to paragraphs
(i) above and (iv) below, should any part of your holiday
not be as described in the brochure. If we accept liability,
we will, subject to paragraphs (v) and (vi) below, pay you
compensation. The maximum amount of compensation which we
will pay you in any circumstance will be a refund of your
holiday cost (excluding any amendment charges or insurance
premiums), a refund of any directly attributable expenses,
and a daily sum of £72 per person. We will use the maximum
sum to assess the appropriate sum due to you in the circumstances
of your particular complaint. Any sums received by you from
suppliers such as from airlines due to the Denied
Boarding Regulations 1992 (in this case sums paid by the airline
constitute the full amount of your
entitlement to compensation for all matters flowing from the
airline’s actions) will be deducted from
any sum paid to you as compensation by us.
(iii)For claims which involve death or personal
injury as a result of an activity forming part of your holiday,
we accept liability subject to paragraphs (i) above and (iv)
below. If we accept liability,we
will, subject to paragraphs (v), (vi) and (vii) below, pay
you reasonable compensation.
(iv)We accept liability in accordance with
paragraphs (i), (ii) and (iii) above and subject to paragraphs
(v) and (vi) below except where the cause of the failure in
your holiday or any death or personal injury you may suffer
is not due to any fault on our part or that of our servants,
agents or suppliers, and is either attributable to you, or
attributable to someone unconnected with the trip and is unforeseeable
or unavoidable, or due to unusual or 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 neither we, nor our servants, agents or suppliers
could have foreseen or forestalled.
(v)Where a claim (whether for personal injury
or non personal injury) arises out of loss or damage
suffered during the course of air travel, rail travel, sea
travel, road travel or hotel accommodation, the
amount of compensation you will receive will be limited in
accordance with and/or in an identical
manner to the provisions of any relevant International Conventions,
namely the Warsaw Convention 1929 (including as amended by
the Hague Protocol) the Berne Convention 1961, the Athens
Convention 1974, the Geneva Convention 1973 and the Paris
Convention 1962. For the avoidance of doubt, this means that
we are to be regarded as having all benefit of any limitations
of compensation contained in any of these Conventions or any
other international conventions applicable to your trip.
(vi)It should be noted that our acceptance
of liability in paragraphs (ii), (iii) and (iv) above is conditional
upon you assigning any rights that you may have against any
of our servants, agents or suppliers which is in any way responsible
for the failure of your holiday or any death or personal injury
you may suffer. Finally, it is a condition precedent of such
acceptance of liability that you follow the procedures for
the notification of complaints set out in the clause below
relating to complaints.
(vii)Other than as set out above, and as
is detailed elsewhere in these booking conditions, we shall
have no legal liability whatsoever to you for any loss, damage,
personal injury or death which you suffer arising directly
or indirectly from any aspect of your holiday.
■Unreasonable
Behaviour
If someone in authority such as the captain or pilot believes
that you are not fit to travel, he/she may refuse to allow
you onto the aircraft, train or ship. This will normally happen
if they think you are likely to disturb/harm other passengers.
In this case, your contract with us will end immediately and
we will no longer be responsible for you. Additionally, if
your behaviour is such that the hotelier feels unable to accommodate
you, you may be asked to leave the hotel. In this instance,
no refund for lost nights accommodation will be made and the
cost of any other accommodation or travel expenses will be
entirely your responsibility. We will also hold members of
your party jointly and individually liable for any damage
to the property, together with legal costs incurred in pursuing
the claim. We cannot be held responsible for the actions or
behaviour of other guests or individuals who have no connection
with your holiday arrangements or with us.
■Excursions
Please note that we do not provide excursions. Our local representatives
may, at your request, make arrangements for excursions locally
on your behalf. However, please note that if they do, the
contract for the provision of the excursion will be between
you and the supplier of the excursion and not between you
and us. Therefore, when you purchase an excursion locally,
whether or not through our representative, your contract is
with the local company and we have no liability whatsoever
for anything which may go wrong on the excursion.
■Special
Requests
If you have any special requests, you should inform us of
such requests prior to departure. We will advise the relevant
supplier of any such requests but we cannot guarantee that
they will be met. Furthermore, we have no liability to you
if such requests are not met.
■Suppliers’
Conditions
Airlines, railways, coach and shipping companies and other
suppliers have their own booking conditions or conditions
of carriage, and you will be bound by these as far as the
relevant transport provider or supplier is concerned. Some
of these conditions may limit or exclude liability on the
part of the relevant transport provider or other supplier,
and they are often also subject to various international conventions.
Where relevant, copies of such conditions may be available
for inspection at our offices, or at the offices of the relevant
supplier.
■Insurance
You are required either to take out our special holiday insurance
arranged by ‘Cosmos Risk Solutions’, ‘Primary Travel Insurance
Services’, or to arrange a policy yourself, which provides
the same or greater cover in all areas. The insurance provided
by ‘Cosmos Risk Solutions’, ‘Primary Travel Insurance Services’
are recommended as adequate cover for normal requirements
- you are responsible for arranging cover exceeding the maximum
amounts payable under the ‘Cosmos Risk Solutions’ , ‘Primary
Travel Insurance Services’ policy, or providing cover for
additional areas of liability if necessary.
■Law
and Jurisdiction
Your contract with us and any matters arising from it shall
be subject to English law and to the jurisdiction of the Courts
of England and Wales. If you are resident in Scotland or the
Republic of Northern Ireland, the Courts of Scotland or the
Republic of Northern Ireland can deal with any disputes.
Disputes arising out of, or in
connection with, this contract which cannot be amicably settled
may be referred to arbitration, if the customer so wishes,
under a special scheme arranged by ABTA, and administered
independently by the Chartered Institute of Arbitrators.
The scheme provides for a simple
and inexpensive method of arbitration on documents alone with
restricted liability on the customer in respect of costs.
Full details will be provided on request or can be obtained
from the ABTA website (www.abta.com). The scheme does not
apply to claims for an amount greater than £5000 per person.
There is also a limit of £15000 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 £1000 on the
amount the arbitrator can award per person in respect of this
element. The application for arbitration and statement of
claim must be received by the chartered Institute of Arbitrators
within 9 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.
■Assistance
If you or any member of your party suffer illness, injury
or death, through misadventure, as a result of an activity
which does not form part of your contracted holiday, we will,
where appropriate, and subject to our discretion, provide
you with reasonable assistance. This may include our making
a contribution towards your initial legal costs in taking
action against the person(s) responsible, provided that you
request this within 90 days of the incident giving rise to
the illness, injury or death suffered. All assistance (financial
or otherwise) is subject to our discretion and a maximum total
cost to us of £5000 per booking form. If you are entitled
to have any costs or expenses arising from any relevant incident
met by or from any insurance policy, or if you obtain a costs
order against anyone in relation to the incident, you must
repay to us all the costs and expenses we incur on your behalf
in assisting you.
■Data
Protection
We will provide your personal information, as well as any
personal information you provide in relation to the persons
whose travel arrangements have been requested by you, to suppliers
and carriers that might be located outside the UK and/or EU,
to enable the operation of the services requested by you.
If you make special requests, which include, but are not limited
to, special dietary, religious, or disability related requirements
which constitute sensitive information, the relevant data
will also be passed to the relevant suppliers and carriers
to enable provision of the services requested by you.
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