YOUR
CONTRACT IS WITH WORLD OF EXPERIENCE TOURS LTD, trading as DESTINATION
PORTUGAL, A MEMBER OF THE TRAVEL TRUST ASSOCIATION – MEMBERSHIP NO: U5444,
(HEREAFTER CALLED "THE COMPANY").
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 (sometimes
called Booking Details).* This contract is made on the terms of these booking
conditions, which are governed by English Law, and the jurisdiction of the
English Courts. 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. Please check your Confirmation/Invoice/Booking Details
carefully and report any incorrect or incomplete information to us immediately.
Please ensure that names are exactly as stated in the relevant passport.
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
administered by the Civil Aviation Authority. If you book arrangements other
than a package holiday from this brochure consisting of more than one element
of a holiday (elements are transport, accommodation, transfers or car rental)
your monies are protected by having the funds paid into a trust account,
administered by the Travel Trust Association (TTA). If you book arrangements
other than a package holiday from this brochure consisting of only one
element of a holiday the financial protection referred to above does not apply.
In the
case of single element holidays which consist solely of accommodation, we have
no liability to you for the actual provision of the accommodation, except in
cases where it is proved that we have breached that duty and damage to you has
been caused. Therefore, providing we have selected the provider with reasonable
care and skill, we will have no liability to you for anything that happens at
the accommodation or any acts or omissions of the provider or others.
We also
have no liability in the following situations:
(ii)
where the accommodation cannot be provided as booked due to
circumstances
beyond our control.
(iii)
where you incur any loss or damage that could not have been foreseen at the
time of your booking, based on the information provided by you.
(iv)
where you incur any loss or damage that relates to any business activity.
(v)
where any loss or damage relates to any services which do not form part of our
contract with you.
If we
are found liable to you on any basis, we limit the amount we have to pay you to
a maximum of three times the cost of your accommodation. This limit does not
apply to cases involving death or injury.
When you
buy an ATOL protected air holiday package from The Company you will receive a
Confirmation Invoice from us (or via our authorised agent through whom you
booked) confirming your arrangements and your protection under our Air Travel
Organiser's Licence. 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 £2.50 per person as
part of the ATOL Protection Contribution (APC) we pay to the CAA, and £3.50 as
Airline Failure Protection Insurance. This charge is included in our advertised
prices and will be shown separately on your confirmation invoice.
3. TTA: We are members
of TTA, membership number U5444. We are obliged to maintain a high standard of
service to you by TTA’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. The arbitration scheme is
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. 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 we are not obliged to accept the claim,
except under exceptional circumstances. For injury and illness claims, you may
like to use the 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.
4. YOUR HOLIDAY PRICE
(a) 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.
(b) When
you make your booking you must pay a nopn-refundable deposit – the level of
which will be confirmed to you at the time of booking. If a booking is made
within 12 weeks of departure, the full balance is payable immediately. The
balance of the price of your travel arrangements must be paid at least 12 weeks
before your departure date; payment of this balance by Credit Card attracts a
compulsory 2% charge. Payments from abroad must be in the form of a bankers
draft, in pounds sterling, drawn on a London bank. Other forms of payment, i.e
foreign cheques may incur bank charges which will be payable by you. 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 an exchange
rate of €1.1 = £1.
(c)
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 £1.00 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 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.
(d) The
Company Reserves the right to reduce holiday prices from time to time by
issuing Special Offers. Such Special Offers are not retrospective.
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 £50, 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. most types of Air 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 8 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: Eastern Airways, British
Airways, Thomson Airlines, Monarch, EasyJet. 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:
|
|
|
|
amount
you will receive from us
|
amount
you will receive from us
|
amount
of cancellation charge
|
|
Period before departure within which notice of Cancellation or
major change is received by us or notified to you
|
More
than 56 days
|
£10
|
Deposit
only
|
Deposit
only
|
|
56-29
days
|
£15
|
100%
of holiday cost
|
100%
of holiday cost
|
|
8 -28
days
|
£30
|
|
100%
of holiday cost
|
|
Less
than 7 days
|
£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: 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,
epidemics and pandemics, unavoidable technical problems with transport.
8. IF YOU HAVE A
COMPLAINT: If you have a problem during your holiday, please inform the
relevant supplier (e.g. your hotelier) immediately who will endeavour to put
things right. Simultaneously advise our resort representative (where applicable
and if none, contact our UK office by email or fax). 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 Hook Norton 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 and in addition to
our representative (or UK office) without delay and create 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 severely 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 2
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.
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.
13.
CAR
RENTAL: Car Rental minimum age; In most cases drivers are required to
be 21 years old and having at least 12 months driving experience. In certain
cases younger drivers can be accommodated but at an extra charge.
14. TRAVEL INSURANCE &
TRAVEL DELAYS: You and all persons travelling with you are required to have
adequate Travel Insurance which should include cover against the cost of
cancellation by you and assistance (including repatriation) in the event of
accident or illness to you or any of your party. In most cases, except where
there are specific exclusions on the grounds of age and/or pre-existing medical
conditions, we can offer you travel insurance which is suitable for your
holiday. If you opt not to accept our travel insurance, it will be taken as
confirmation that you have put in place your own insurance for all the members
of your party which is as good, if not better, than the policy cover that we
provide. In the case of delays to your outbound/inbound travel arrangements for
any reason for which we are not directly liable, you will be required to make a
claim under the relevant section of your travel insurance policy for all costs.
15.
CHARGES
FOR ACCOMMODATION FACILITIES: Where facilities and amenities
are mentioned in property descriptions, it should not be assumed that these are
available free of charge at all times. There may also be occasional
restrictions on their availability and/or times of usage, especially out of the
regular holiday season times. However, this is normally reflected in the prices
charged for holidays at these times. Where the removal of specific facilities
is likely to have a significant impact on your enjoyment of your holiday, we
will use our best endeavours to advise you of this situation before your
departure.
16.
ACCOMMODATION
USAGE: The Accommodation provided for your booking is for the sole use
of those shown on the Booking Details. Subletting, sharing or assignment are
prohibited. If you change the number in your party, the accommodation price
will be re-calculated. If the party size is reduced, this is likely to mean the
remaining members paying more due to under-occupancy.
17.
STANDARD
DAMAGE DEPOSITS: Some property Owners require a deposit against breakages,
damage or unpaid utility charges etc. A credit card number given by you for
this purpose will be deemed to be your authority to allow the Company to make
the necessary deductions.
18. INCREASED DAMAGE
DEPOSITS: A larger deposit than £250 per week may be required on some
Villa Bookings. This will be notified at time of booking.
19. MISSED DEPARTURE: The
Company cannot accept responsibility should you miss a flight due to late
check-in.
20.
GOLF
ARRANGEMENTS: The Company can confirm golfing arrangements at some resorts and
in cases where we cannot book for you we will be pleased to offer advice.
Handicap Certificates should be carried. GOLF TO BE PAID FOR BY CLIENT DIRECT
TO CLUB/RESORT. (Unless booked as part of a package) Credit card details will
be required at the time of booking. Please note that due to aircraft weight
restrictions, the carriage of golf equipment on the flight cannot be
guaranteed. If the golf equipment cannot be carried on the flight, World of
Experience Tours Ltd has no obligation to arrange alternative carriage for the
equipment, or pay the costs of any equipment that may need to be hired locally.
21. LOCAL CHARGES: If
applicable and unless otherwise stated, all costs for heating, electricity and
telephone (if available), pool heating etc., will be charged locally & must
be paid by the client before departure.
22. ACCEPTANCE OF OUR
BOOKING CONDITIONS: The Company will assume that by payment of deposit or balance
for your travel arrangements, you accept the above Terms and Conditions of
Booking.
23. CHECK-IN &
CHECK-OUT TIMES: Check-in and check-out; Check-in is normally after 1400hrs. If
you check-in after midnight, your accommodation has been reserved for you from
the previous day and this counts as the first night of your stay. Check-out is
normally at 1000hrs.
24. VALIDITY OF PRICING: The
prices shown in this brochure/website are fixed for bookings made from it.
However we may issue a 2nd (and possibly 3rd edition) edition which will also
have fixed prices but will replace this brochure/website and be operative from
a fixed date. Bookings cannot be made from this brochure/website after the
commencement date of the next edition. NOTE subsequent editions may take the
form of simple price lists in monochrome.
25. SPECIAL REQUESTS: Any
special requests which are notified to us will be passed on to the relevant
suppliers with a request that they do what they can to meet the enquiry.
Unfortunately, we cannot guarantee that any supplier will be able to comply
with any special requests. Special Requests do not form part of the contract,
and as such failure of a supplier to comply with a special request is not
constituted as a breach of contract under these booking conditions. If you have
a special request which is a pre-condition of you making your booking, for
example, needing a special type of room, menu etc., then you must advise us of
this in advance as a ‘condition precedent’. We will advise you whether we can
accept your booking on this basis. If we do accept your booking, then
compliance with your condition precedent will be deemed as a contractual
obligation on our part, and failure to meet this condition, except in cases of
‘force majeure’ may be regarded as a breach of contract.
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.
These booking conditions are governed under
English and Welsh law and may only be altered by a Director of World of
Experience Tours. Any alterations will be notified in writing.
Booking condition valid for all bookings from
4th July 2011 until further notice.