Booking Conditions
Peltours holidays are operated by PRESTON TRAVEL (CI) LTD (hereinafter referred to as “the Company”). "The Passenger" shall mean the person named on the Booking Form as the Passenger.
All holidays are sold subject to the following conditions which should be read in conjunction with the Holiday Information details:
1. If the holiday is arranged directly with the Company all correspondence shall be sent to the Passenger at the address specified on the booking form. For arrangements made through a Travel Agent all communications from the Company shall be sent to the Travel Agent. Any money paid by a Passenger to a Travel Agent in respect of a booking with the Company and held by the Travel Agent is held on behalf of the Company. The contract between the Company and the Passenger will come into existence when the Company issues a confirmation invoice.
2. The Passenger must pay a non-refundable deposit of £150 and non-refundable insurance premium (if applicable) on completion of the booking form. If the Company accepts the booking then it will issue a confirmation invoice and at that stage a binding contract arises between the Company and the Passenger. Your contract is with Preston Travel (CI) Ltd. If the booking is not accepted the amount remitted will be refunded. If the Passenger is making a booking inside 10 weeks of departure the full amount is payable at the time of booking. The Company reserves the right to decline any bookings.
For Passengers who have paid a deposit, the balance of the holiday cost is payable when the Company submits the invoice for such payment or eight weeks before departure, whichever is the earlier.
Alteration or cancellation by the Passenger of a confirmed booking will be subject to the provisions of paragraphs 8 and 9 of these conditions.
You will be notified at the time of booking if your holiday includes flights based on special class air fares and/or charter flights which cannot be altered after a reservation has been made, as any alteration request to such a holiday will incur 100% cancellation charge on the flight portion of the holiday cost, plus the appropriate cancellation charge in respect of the other elements of the cost of the travel arrangements.
Holidays and flights booked within 14 days of departure date will incur a late booking charge of £20.00 per person.
Where name changes for Charter tickets issued by Peltours holidays are requested more than 21 days prior to departure, the fee on each name change will be equivalent to the deposit paid. If the name change is requested at any time from 21 days or less to departure date, the fee will be as per cancellation charges in paragraph 8.1.
3. No one other than the Company or its employees may give any warranty or representation regarding any holiday and even then these may only be given in writing. The Passenger acknowledges that in seeking to book the holiday he is not relying upon any warranty or representations given by or on behalf of the Company other than those in writing given by the Company or its employees. If the Passenger seeks to rely upon any such written warranty or representation (other than in this brochure) a copy of such warranty or representation must accompany the booking form. The purpose of this requirement is to ensure that both the Company and the Passenger are fully aware of all matters upon which reliance is being placed by the Passenger when making the booking.
4. UK Citizens must ensure that they hold a valid
10-year passport with at least six months to run from the date of leaving to destination. If you are 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least six weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport. Holders of other passports should please contact the relevant Embassy of the country to which they are travelling for further information.
Please see sections headed Passport Information and Visa Requirements on page 61 of page headed Holiday Information for further details.
5.1 Every effort will be made to operate all holidays as advertised but the Company reserves the right to modify or cancel any holiday, flight schedule, accommodation or arrangement at any time up to 8 weeks before departure. In particular, holidays based on charter flights can only be provided at the advertised price if a satisfactory number of bookings is made.
In the case of any material modification such as a significant change of resort, a change of flight time by more than 12 hours, a change of arrival or departure airport, (except between London Airports e.g. Heathrow, Gatwick, Stansted and Luton), the Company will inform you or your Travel Agent as soon as possible and offer a prompt refund of all monies paid, or if available, a choice between an alternative holiday of at least comparable standard or such a refund. When offering alternative arrangements, the Company will, if accommodation is affected, use its best endeavours to provide an alternative in the same area. If the Company is only able to offer a lower classification of hotel it will refund the difference in the brochure price.
5.2 The Company shall use its best endeavours to ensure that a holiday is not materially modified or cancelled within 8 weeks of the date of departure unless it is necessary to do so as a result of circumstances amounting to force majeure or if the Passenger defaults in payment to the Company. As the holidays in this brochure are planned many months in advance it may sometimes be necessary to make changes, most of which are minor.
This notwithstanding, where material modification or cancellation occurs within 8 weeks of departure, for reasons other than non-payment by the Passenger, the Passenger shall be entitled to the choice of options in 5.1 above. In addition, except in cases where the modification or cancellation is for reasons of force majeure, the Passenger shall receive compensation or a credit towards the cost of an alternative holiday in this brochure (if available) as follows:
PERIOD OF NOTIFICATION COMPENSATION
PRIOR TO DEPARTURE PER PERSON
Between 4-8 weeks £10
Between 2-4 weeks £15
Within 2 weeks £20
These payments will not be made for changes which arise as a result of situations outside of our control. For example, changes imposed by the alteration of the airline or aircraft type or refusal of landing rights by the Civil Aviation Authority to any airline. This also includes any other acts of force majeure (namely: war or threat of war, riots, terrorist activity, civil strife, strikes and other industrial disruption, natural disasters, fire, quarantine, epidemics, weather conditions, Government action, or other events beyond our control).
6. If after departure changes have to be made as a result of situations outside our control e.g. technical or maintenance problems with transport, or a change in airline or aircraft type, or refusal of landing rights by the Civil Aviation Authority to an airline, or if war, terrorist activities, closure of airport, civil unrest, industrial action or any natural disasters (in any case whether threatened or actual) or any other circumstances either constituting force majeure or events outside the reasonable control of the Company either delays or extends the holiday or compels a change in the holiday arrangements the Company cannot accept liability for any resulting loss or damage, or expense. In the case of circumstances amounting to force majeure any refund for the unused parts of the holiday will be subject to the deduction of reasonable expenses. The Passenger’s attention is drawn to the insurance cover arranged by the Company which is available to the Passenger to cover the Passenger and his party against risks of flight delays. No compensation payments will be made.
7. 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 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.
Accommodation and transport is generally provided by independent suppliers, for whom the Company will accept responsibility on the terms set out as follows:
7.1 If the Passenger or any member of his/her party suffers death, bodily injury or illness arising from the negligence of the Company’s employees, suppliers, their sub-contractors, servants and/or agents, the Company will accept responsibility provided that they were acting within the scope of or in the course of their employment.
7.2 Where transport is by air, sea or rail the Company’s obligations and liabilities are limited in the manner provided by the relevant International Convention, copies of which are available to Passengers upon request.
7.3 Should any payment be made by the Company to the Passenger, or any member of his/her party in any of the circumstances referred to in this clause, the Company reserves the right to submit a claim in the Passenger’s place against the person or organisation responsible for causing the illness, injury or death. This means that the Passenger hereby agrees to assign that part of his/her rights to the Company and the Company will be subrogated to those rights.
8. If the Passenger does not pay the balance of the holiday price at the prescribed time, the Company reserves the right, after due notice to the Passenger or the Travel Agent (as appropriate) to cancel the booking. In this event or if the Passenger cancels the arrangement after the booking is accepted the insurance premium and deposit shall be forfeited and additionally, the cancellation charges in 8.1 and/or 8.2 below (as appropriate) shall apply:-
8.1 In the case of all holidays other than those which include special class air fares and/or charter flights, if cancellation occurs within 70 days of departure, the following cancellation charges will be payable by the Passenger:-
Period before departure Cancellation charge
within which written (including deposit paid)
cancellation is received or as percentage of the
within which the Company total price
cancels the booking
More than 70 days deposit only
42 - 70 days 40% (or deposit if greater)
28 - 41 days 60%
8 - 27 days 80%
1 - 7 days 100%
Departure day or thereafter 100%
8.2 In the case of holidays which include special class air fares and/or charter flights:-
8.2.1 the schedule of cancellation charges in 8.1 above shall apply only to the accommodation portion of the holiday where such cancellation occurs
and
8.2.2 in addition a 100% cancellation fee shall apply to the flight portion of the holiday (irrespective of the period before departure within which the cancellation notice is received or within which the Company cancels the booking).
9. If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, (excluding name changes, see paragraph 2 above) 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 per person 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 and name changes) 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. For name changes, refer to Paragraph 2.
10. The price of your travel arrangements was calculated using exchange rates quoted in the “Financial Times guide to World currencies” on
12 October 2009 in relation to the following currencies: £1 = US$1.5787.
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 and insurance premiums paid.
Should the price of your holiday go down due to the change 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.
11. The prices advertised in this brochure are accurate at the time of going to print, but we reserve the right to change any of those prices from time to time. Prices can go up or down at any time without notice. We, or your independent travel agent, will be able to tell you the up to date price of your chosen travel arrangements and any other travel services advertised by us before confirming your booking.
12. Any flights forming part of the holiday arrangement will be subject to the conditions on the ticket issued by or on behalf of the carrier, which in most cases limit the airline’s liability to the Passenger in accordance with International Law and Convention. Details of the Conditions of Carriage of any airline are available to Passengers on request.
13. The Company is only liable for loss of or damage or delay to baggage caused by its negligence. Valuable items are at all times at the risk of the Passenger who should arrange appropriate insurance cover.
14. In the event of any dissatisfaction with the accommodation or any other service provided by the Company during the holiday the Passenger must report the matter immediately to the local representative, agent or hotelier so that action can be taken to remedy the problem. Unless the Company is given such notice it can not accept responsibility. Any complaint should be made in writing within 28 days of return and if not so made within that time, your rights under this contract may be affected. It will assist the Company’s investigations if the Company is notified promptly with details of the Passenger’s departure date and passenger booking reference. If the Company and the Passenger are unable to settle a dispute amicably the dispute may (if the Passenger so wishes) be referred to arbitration within 9 months of his/her return from his/her holiday under the following scheme:
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 be still 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.
15. The Company does not accept any liability for delays in flight departures unless they constitute a significant change to the booking. It is the responsibility of the airline to provide meals or accommodation or to make any other suitable arrangements during the period of delay. Any alteration to flight information if known will be advised to you at the time of booking or as soon as possible thereafter.
16. We reserve the right to refuse to accept you as a customer or to continue dealing with you if your behaviour is disruptive and affects other holiday-makers, employees or any third parties. In this event, we shall not be responsible for any additional resultant costs incurred by you. If a person in authority is of the opinion that you are disruptive and prevents you from travelling, the Company shall have no further liability to complete your holiday and shall not be liable for any refund or compensation payment to you.
17. Consumer protection
When you buy an ATOL protected air holiday package (and/or flights) from us you will receive a confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 1272. 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. This charge is included within the total invoice price.
18. PRE-TRAVEL ADVICE CONCERNING SAFETY
The Foreign & Commonwealth Travel Advice Unit provides advice concerning the safety of destinations and may have issued information about your holiday destination. We would therefore recommend that you check this information on BBC2 Ceefax page 470 onwards or on the internet under the address http://www.fco.gov.uk/, or by telephoning the Advice Unit on 0870 606 0290. Alternatively you may telephone ABTA on 0901 201 5050 (calls charged at 50 pence per minute).
19. Pre-travel advice concerning health
Please refer to the clause headed “Health Information” on the attached Holiday Information Sheet and visit “the know before you go” section on our website www.peltours.com for further information.
20. Holidays operate subject to the travel advice issued by the FCO (Foreign & Commonwealth Office). Any cancellation by you will be treated in accordance with clause 10 of our Booking Conditions unless the FCO specifically advise against travel to the particular area which you are visiting. However the FCO advice only covers imminent departures.
21. Passengers wishing to occupy single accommodation may feel that the cost per person appears higher than it should be. Our contract with hotels is based on a price per room while our packages, including flights and other elements, are sold per person. Therefore, the per person price for one occupant includes the entire room cost. We do not make additional or excessive profits from these sales, the prices charged merely reflect the real cost to us. Some hotels offer rooms designed for single occupancy only. In this case the supplement is usually less than when a single person occupies a double room. These single rooms are often smaller and sometimes less well appointed. The allocation of hotel rooms is arranged by hotels shortly before arrival of guests.
22. Trips booked and paid for in advance are subject to the terms and cancellation clause set out in our Booking Conditions. Should you wish to book excursions at your resort which are operated by our agent or any other local agents, refunds cannot be claimed from ourselves neither in resort nor once you have returned to the UK. It should also be noted that some types of travel insurance do not cover claims arising from excursions/tours purchased in resort, in particular cancellation of such tours and losses suffered as a result of partaking in hazardous activities for which an additional premium was not paid. We advise you to check the terms and conditions of your insurance policies.
23. In this brochure the term “holiday” applies to the items included on the confirmation invoice issued by the Company. Any excursion booked while in resort will not form part of the holiday or holiday package and similarly, pre check-in arrangements such as car parking, overnight accommodation, transportation to/from UK airports etc, do not form part of the holiday or holiday package.
24. Special requests are noted but cannot be guaranteed.
25. TRAVEL INSURANCE
The Company reserves the right to refuse your booking or refuse passengers boarding the aircraft or refuse to release your ticket if you do not have nor do you intend to have comprehensive travel insurance. Tickets and other travel documentation will not be despatched until we receive details of your travel insurance (should you not have opted to take our insurance).
26. The Laws of England shall apply in all respects and the Courts of England (or Scotland as the case may be) shall have jurisdiction.
27. Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
28. FLIGHT CARRIERS
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; Egyptair; Monarch Airlines; Royal Jordanian; British Midland; Thomson; Viking.
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.
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