TERMS AND CONDITIONS OF BOOKING
YOUR CONTRACT IS EITHER WITH WITNEY TRAVEL LTD, (T/A DESTINATION PORTUGAL AND E.H.S. TRAVEL), A FULLY BONDED MEMBER OF ABTA, (HEREAFTER CALLED "THE COMPANY"), OR ANY OTHER PRINCIPAL(S) DETAILED OVERLEAF, IN EITHER CASE THESE CONDITIONS APPLY.
1. When you make your booking you are advised to complete a booking form, accepting on behalf of all your party the terms of these booking conditions and pay a deposit of £35 per air seat (and car hire and/or accommodation deposit as applicable), however, if a booking is made verbally, it is accepted on condition that the person making the booking reads and understands these conditions and raises any queries within 24 hours of receipt of "Booking Details" (or any other letter) as these conditions appear on the reverse of all the company’s headed paper. Any booking made through a Travel Agent means that the Travel Agent acts as an agent of, and holds any money on behalf of the company. A contract will exist only when we issue the document headed "Booking Details".
2. The balance of the price of you holiday must be paid at least 8 weeks before your departure date; payment of this balance by credit or debit card attracts a 2% charge. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit, and apply the cancellation charges set our in paragraph 4 below. Where applicable a credit card number will be required against breakages/damages/unpaid bills. A signed booking form with a credit card number on it (or a number given by telephone) will be deemed by the company to be authority to make necessary deductions. Payments should be made to the company. Where payments are being made from abroad these should be in the form of a bankers draft, in pounds sterling, drawn on a London bank. Other forms of foreign cheques may incur bank charges, which will be on the clients account.
3. If, after our "Booking Details" have been issued, you wish to make a change to your booking to another of our holidays or change departure date, we will do our utmost to make the changes, provided that notification is received in writing at our offices from the person who signed the booking form (or to whom the Booking Details are addressed), or from your travel agent, at least 42 days before departure. This must be accompanied by a payment of £20 to cover our administration costs plus any other costs arising from such alteration. Alterations cannot be made within 3 weeks of departure and any such request for an alteration will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out on paragraph 4 below.
4. You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the person signing the booking form (or to whom the Booking Details are addressed) and is communicated to us in writing (via your travel agent if applicable). Please note that certain travel arrangement (e.g. restricted sales such as: Apex, consolidation or tour operator fares) cannot be changed after a reservation has been made and any alteration request will incur up to 100% cancellation charge. As alteration causes administration costs, we will retain your deposit and in addition may apply cancellation charges up to the maximum shown below.
Note: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. If you are unsure into which category(ies) your holiday falls - please ask.
*Where possible the company will always endeavour to re-let a villa which has been cancelled and if a new let can be achieved then the persons cancelling would only forfeit their deposit. For this reason the company strongly recommend all their clients take insurance cover.
5. If you have a problem during your holiday, please inform the relevant supplier (e.g. hotel) and our local representative company (whose telephone number appears on our itinerary or voucher) immediately who will endeavour to put things right. If your complaint cannot be completely resolved locally, you must put your complaint in writing to our Customer Services Department at Witney giving your original booking reference number and all other relevant information within 28 days of your return home. It is therefore a condition of this contract that you communicate any problem to the supplier of the services in question in writing whilst in resort and obtain a receipt for same. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem.
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with this contract which cannot be amicable settled, may (if you wish) 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 can 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. If you elect to seek redress under this scheme, written notice requesting Arbitration must be made within 9 months after the scheduled date of return from holiday.
Full details are available from the Association of British Travel Agents, 55-57 Newman Street, London W1P 4AH.
6. Accommodation. The accommodation provided for a booking is for the use of the passengers listed on the "Booking Details". Subletting, sharing or assignment is prohibited. In the unlikely event that the company is told that the accommodation as booked is not available, once the clients have departed from the UK, every effort will be made to offer comparable or better accommodation and suitable reasonable compensation would be offered.
All damage and breakages together with all costs for heating, electricity and telephone where defined in our brochure as being payable will be charged to clients and must be paid for before departure from the resort. Should be company be notified that this sort of account has not been settled this amount will be deducted from the £100 credit card arrangement defined in paragraph 2.
7. Surcharge Guarantee: 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.
The price of travel arrangements shown is calculated using an exchange rate of 1.25 Euros = £1.
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.
8. It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally changes may be made, which we reserve the right to do so at any time. Most of these changes are minor, and we will advise you (or your travel agent) at the earliest possible date. Flight timings and carriers in the brochure and on our booking details are subject to change as a result of airline procedures and these details are given for guidance only. No compensation is payable for changes in flight times of less than 12 hours. Final details will be shown on your tickets. If a major change becomes necessary, we will inform you as soon as reasonably possible if there is time before departure. When a major change occurs (such as the alteration of your outward/return flights by more than twelve hours, changes of resort or reduction in the standard of accommodation) provided it does not arise from circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, taking another available holiday from us, or cancelling your holiday and receiving a full refund. In all cases we will pay compensation as detailed below.
Important Note: Compensation will not be payable if we are forced to cancel or in any way change your holiday due to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other circumstances amounting to force majeure. The company cannot be responsible for your missing the flight due to late check-in at the airport.
Passport, Visas, Health Requirements and driving Licences.
All clients are responsible for ensuring that they have all the necessary valid documents when travelling, this includes carrying photographic identification when driving abroad.
9. We reserve the right in any circumstances to cancel your holiday and all holidays operate subject to a minimum number of participants. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the final balance. In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid or offer an alternative holiday of comparable standard and if a cancellation occurs within 8 weeks of departure, compensation on a similar scale to that shown in paragraph 8 above.
10. Please note:
(i) that in accordance with Air Navigation Orders, an infant must be under 2 years of age on the date of their return flight, to qualify for infant status.
(ii) minimum age for drivers is 21 years, having a minimum of 1 years driving experience and a clean licence.
(iii) clients are required to have adequate travel insurance.
(iv) if electing to use the travel insurance offered by The Company, the premium must be paid at time of booking.
11. This contract is made on the terms of these booking conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times.
The Company will make arrangements for your flights if requested to do so from a U.K. airport to specified destination airport, either scheduled or charter. In the latter case we act as an Agent for the specified tour operators but are unable to define carrier or type of aircraft until booking is made: a subsequent change in either of these does not constitute a reason for cancellation without penalty. A change of destination airport is considered a major change as defined in 8 above.
Your Protection. We are Retail and Tour Operating members of ABTA and hold ATOL and IATA Licences. We are bonded as Tour Organisers, Air Travel Organisers and retail Travel Agents. When offering seats on chartered aircraft, we act as agent for a number of tour operators, all of whom are bonded in their own right and hold an ATOL licence.3
Destination Portugal, Madeira House, 37 Corn Street, Witney, Oxfordshire OX28 6BW