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Booking Conditions

 

YOUR CONTRACT IS WITH LUXURYHOLIDAYSDIRECT.COM a trading brand of SUNSET TRAVEL LIMITED, A FULLY BONDED MEMBER OF THE ASSOCIATION OF BRITISH TRAVEL AGENTS (ABTA No. V0404) AND A FULLY-BONDED HOLDER OF AN AIR TRAVEL ORGANISER’S LICENCE (ATOL), LICENCED BY THE CIVIL AVIATION AUTHORITY ATOL LICENCE NO. 2886. ONLY FLIGHT-INCLUSIVE HOLIDAYS ARE COVERED BY THIS ATOL LICENCE.

 

1. All the holidays within this website and on-line brochure are sold subject to the following conditions, which comply with the Tour Operators Code of Conduct, issued by the Association of British Travel Agents.

 

To book your holiday you can either call us direct on 020 8774 7290 or Request a quote online.

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 our brochure or website for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL No. 2886

 

2. BOOKING PROCEDURE

a) When booking your holiday through our Call Centre (020 8774 7199), please note all calls are recorded, and you will be read a small script detailing your holiday arrangements and reference to these booking conditions. Upon your verbal agreement to proceed with the booking, a contract between yourself and Luxuryholidaysdirect.com will exist. And the below conditions will apply. Once we have received payment a ‘Confirmation Invoice’ will be sent to you showing either a deposit or full balance paid depending on how many days you book before your departure. When booking online, you will be prompted throughout your booking and the conditions set out below will apply.

 

When booking through our call centre a deposit of £150 per person is payable, [N.B. Ten per cent (10%) deposit is payable for all tailor-made and Christmas/New Year holidays]. For bookings made within 8 weeks of departure, the full payment becomes due immediately upon verbal confirmation and subsequent cancellation will incur Cancellation Charges as set out in paragraph 5. Online bookings will require full payment at the time of booking.

 

b) All published prices within this brochure are from prices applicable at the date of first publication and are for guidance only. We reserve the right to alter the prices of any holidays shown in our brochure Please call or book online for up to date prices. Once you have booked your holiday and received our Confirmation Invoice, unless you pay in full under the terms of our Early Booking Guarantee (see below) surcharges may apply. Please see Paragraph 4 below.

 

c) Late Booking Fee: holidays booked within 5 working days of departure carry an administrative charge/courier fee, unless travel documents are collected in person from our offices.

3. CREDIT CARD CHARGES
Please note 2% of your ‘Invoice total’ will ‘automatically’ be added to your bill if paying by Credit card and 3% will be added if paying by American Express.

 

4. HOLIDAY PRICES/SURCHARGES

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. 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 a 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 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. CANCELLATION BY YOU

You (or any member of your party) may cancel your holiday at any time providing that the cancellation is communicated to us in writing. Cancellation will take effect the day such notification is received by us. As this incurs administrative costs, we willretain your deposit and, in addition, may apply cancellation charges up to the maximum shown in the following table:

Days Before Departure Cancellation Charge

56 days or more Deposit only

55 - 29 days 50% of holiday cost

28 - 15 days 75% of holiday cost

14 - 7 days 90% of holiday cost

6 or less days 100%of holiday cost

 

Special cancellation conditions apply for Christmas/New Year holidays.

Once your holiday has been confirmed for festive season, no refund or part refund or unused portion of your holiday will be repaid in the event of cancellation by you. Insurance premiums are not refundable. If the reason for cancellation is covered under the terms of an Insurance Policy, you may be able to reclaim these charges.

 

WE STRONGLY RECOMMEND THAT YOU TAKE ADVANTAGE OF OUR SPECIAL INSURANCE SCHEME, which is competitively priced. This insurance cover is applicable only if taken at the same time as booking. In the event of your arranging your own travel insurance, you must provide us with details. Such insurance should be of at least the same standard as our recommended insurance.

 

6. AMENDMENTS BY YOU

If, after our Confirmation Invoice has been issued, you wish to change any part of your holiday arrangements, or to change to another of our holidays, or to change departure date, we will do our utmost to make the changes, provided that notification is received in writing at least 8 weeks before departure. This must be accompanied by a payment of £100 per booking to cover our administration costs, plus any additional holiday cost incurred. Alterations cannot be made within 8 weeks of departure. Any such request for alteration will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out in Paragraph 5 above.

 

Please note that certain travel arrangements, e.g., Apex tickets, are subject to the carrier’s conditions of carriage and cannot be changed after a reservation has been made; any alteration request will incur a 100% cancellation charge.

 

7. AMENDMENTS BY US

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 have to be made ( e.g., to itineraries, hotel accommodation, flights or other arrangements), which we reserve the right to make at any time. Changes are normally minor (such as flight times or suspension of certain hotel facilities) and we will advise you at the earliest possible date. If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar or higher grade. Flight timing and carriers in the brochure are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your itinerary sent with your travel tickets. If a significant change becomes necessary, we will inform you as soon as reasonably possible if there is time before your departure. Should a major change occur (such as the alteration of your outward/return flight by more than 12 hours, changes of resort or reduction in the standard of accommodation), then provided that it does not arise through circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, booking another holiday with us, or canceling your holiday and receiving a full refund. If you choose another holiday that is more expensive you must pay any difference, but if it is cheaper we will make the appropriate refund. In all cases, we will pay compensation as detailed below:

 

Up to 56 days Nil

56-29 days £10

28-15 days £20

14-1 days £30

Day of departure £40

Important Notes

 

a) Compensation payments will not apply if payment of your holiday has not been received by Luxuryholidaysdirect.com by the stipulated payment date.

 

b) Compensation will not be payable if Luxuryholidaysdirect.com is 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, technical or maintenance problems with transport, changes of schedule or operational decisions of scheduled or other airlines, or other circumstances amounting to force majeure.

Luxuryholidaysdirect.com reserves the right in any circumstances to cancel your holiday, in which case we will offer an alternative holiday of comparable standard or will refund in full all monies paid.

 

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. If a cancellation occurs within 8 weeks of departure for reasons other than force majeure, compensation will be payable in accordance with clause 7. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Please refer to our airline’s page for the carriers we use.

8. BROCHURE

a) The descriptions and information contained in this brochure are based upon the latest information available at the time of publication. However, changes may occur as hotels are always updating facilities, but when material changes are made, we will inform you as soon as possible if there are time to do so.

 

b) When you travel with an airline, the conditions of carriage of that carrier apply, some of which may limit liability. This website and on-line brochure is the responsibility of Luxuryholidaysdirect.com and is not issued on behalf of, nor commits the airlines mentioned within it, nor any airline whose services are used in the course of the holiday. Please note that in accordance with the Air Navigation Order, an infant must be less than 2 years of age on the date of the outbound flight to qualify for infant status.

 

9. OUR LIABILITY TO YOU

a) We accept responsibility for ensuring that the holiday that you book with us is supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your holiday is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers save where they lead to death, injury or illness. except as provided in the following paragraph.

 

b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of any part of your holiday that we are contractually obliged to provide. We will, accordingly, pay to our client such damages as might have been awarded in such circumstances under English law.

 

c) In respect of carriage by air, sea and rail and the provision of accommodation, our liability in all cases will be limited in the manner provided by the relevant international convention.

 

d)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 supplers, even with all due care, could not foresee or forestall.

 

e) If any client suffers death, accidental illness or personal injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a Third Party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. This financial assistance is to a maximum sum of £5,000 in total per booking.

 

f) 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. COMPLAINTS

If you have a problem during your holiday, please inform the relevant supplier (e.g., hotel) and our local representative immediately, who will endeavor to put things right. If your complaint cannot be resolved locally, you must complete a report form, which can be obtained from our local representative, the original of which is for you and a copy will be forwarded to us. Please follow this up within 28 days of your return home by writing to our Customer Services Department giving your booking reference number and all other relevant information. It is, therefore, a condition of this contract that you communicate any problem to the supplier of the services in question and to our representative whilst in resort and obtain a written report form and write promptly to us within 28 days of your return. 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.

 

We are a member of ABTA, membership number V0404. 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 at http://www.abta.com/heretohelp.shtml

 

The arbitration scheme is arranged by ABTA and administered independently by 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 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 the Chartered Institute of Arbitrators 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.

11. THE CONTRACT

This contract is made on the terms of these Booking Conditions, which are governed by English law and the exclusive jurisdiction of the English Courts.


12. FLIGHTS

a) Delays: Most flights featured in this brochure are by reputable scheduled airlines who will usually provide refreshments, meals or accommodation when there is any substantial flight delay and when this is possible to arrange. We do not arrange to provide refreshments, meals or accommodation ourselves if there is any delay at the outward or homeward points of departure and these facilities are not offered by the airline.

 

b) Flight Routings

- Direct Flight: a flight where there is no change of aircraft en route, but stops are possible for

refueling or to allow passengers on/or off.

- Non-Stop Flight: a flight without stops or change of aircraft en route.

- Flight ‘via’: a flight via a point as stated in the itinerary and where there is at least one aircraft

change en route.

 

c) Flight Changes. In the event of a change of airline, aircraft type or destination airport, cancellation by you of your contract will be subject to our normal cancellation charges. In circumstances where we are advised by the airline of such a change we will endeavor to advise you. . Minor timing changes, if known, will be shown on your flight ticket/s and itinerary. You should check this carefully on receipt.

 

13. TICKETING DEADLINES

Tickets are issued one to two weeks prior to departure. If you are leaving the above address any earlier please advise us in advance. Bookings made within 28 days of travel must be paid immediately as tickets must be issued within 72 hours of when the flights were booked in the GDS. LuxuryHolidaysDirect.com will NOT be held responsible for late payments resulting in extra flight charges. Special advance purchase fares may also require prompt payment and ticketing, one of our consultants will advise accordingly.