The Booking Conditions below contain important information about your
holiday.
YOUR CONTRACT IS WITH ‘LUXURYHOLIDAYSDIRECT.COM’
A TRADING BRAND OF ‘SUNSET TRAVEL LIMITED’,
an ABTA
member (V0404) and ATOL number 2886.
All in this 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. You are recommended to book
your holiday from this brochure directly with us by calling us on 020
8774 7299 or online at www.luxuryholidaysdirect.com. 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 full protection for our package holidays
by way of our Air Travel Organiser’s Licence (ATOL No. 2886). For
further information visit the ATOL website at www.atol.org.uk. Any
other holiday arrangement that does not include a flight, your protection
is provided by way of a Bond held by ABTA (V0404). For further
information visit the ABTA website at: www.abta.com
BOOKING PROCEDURE
a) Once a booking is made the party leader must be an adult (18 years
or more) and accepts that he or she has the authority to accept and does
so on behalf of all in the party the terms of these booking conditions and
accepts to pay a deposit of £150 per person and the FULL balance of
your holiday is due 9 weeks before departure.
For bookings made within 9 weeks of departure, the full payment
becomes due immediately upon verbal confirmation and subsequent
cancellation will incur cancellation charges as set out in paragraph 4.
[N.B. A ten per cent (10%) deposit is payable for all tailor-made holidays;
Christmas or New Year holidays have different levels of deposit which
will be advised at time of booking; Occasionally Special low Air Fares
are used that require immediate FULL payment and you will be advised]
b) All published prices within this brochure are ‘From Prices’ and are
for guidance purposes only, please call us on 020 8774 7299 for up to date prices. Once you have booked your holiday and received our
Confirmation Invoice and unless you pay in full at the time of booking, we
reserve the right to apply any Surcharge. Please see Paragraph 3 below.
c) Your booking is considered definite and a contract will exist between you and Luxuryholidaysdirect.com under the terms of our ATOL licence and you will receive an ATOL CERTIFICATE as well as a ‘Confirmation Invoice’ confirming all your booked arrangements.
d) Prices Quoted or Advertised are for Payments made by Cash, Cheque, Bank Transfers or Debit Cards (Switch, Solo & Maestro) do not carry any additional fees. Credit Cards ‘Visa’ or ‘MasterCard’ will incur a 2% Handling Fee and 2.5% for American Express. We reserve the right to cancel your holiday if payment is declined and in such circumstances to avoid credit card fraud we may require you to provide us by fax or by post proof of your address and a copy of your credit card.
HOLIDAY PRICES / SURCHARGES
Prices shown in this brochure or on our Website are from prices,
which make up the inclusive cost are based on special contracted rates.
Verbal or Website price quotations will be regarded as provisional until
confirmed in writing by way of a Confirmation Invoice. In the unlikely
event of an administrative/system error resulting in an incorrect price/s
we reserve the right to correct the price. We have no control over prices
that may be charged at the destination and can accept no responsibility
or liability if these differ from those quoted. The price of your travel
arrangements is subject to Surcharges for increases in:
(1) transportation
costs (e.g. fuel, scheduled air fare and any other airline surcharges which
we are obliged to collect
(2) Government action, such as increases in
APD (Air Passenger Duty) or any other government imposed increases
(3) currency in relation to adverse exchange rate variations to your
particular package. In any of the above case, Luxuryholidaysdirect.com
will absorb an amount equivalent to 2% of the confirmed holiday price,
which excludes insurance premiums and any amendment charges. Only
amounts in excess of this 2% will be surcharged, but where a surcharge
is payable, there will be an administration charge of £1.00 per person.
No price increase will be made within 30 days of departure. If this means
paying a surcharge of more than 10% on the previously invoiced holiday
price, you will be entitled to cancel your holiday with a full refund of all
monies paid, except for any premium paid to us for holiday insurance
and amendment charges. Should you decide to cancel for such a reason,
you must exercise your right to do so within 14 days from the issue date
printed on the invoice.
When you buy a flight-based holiday, all monies you pay to your travel
agent are held by him on behalf and for the benefit of the Trustees of
the Air Travel Trust at all times. This is subject to the agent’s obligation
to pay it to us as long as we do not fail. Any other holidays that does not
include a flight, all monies you pay to the travel agent are held by him
on our behalf at all times.
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 will retain your deposit and, in
addition, may apply cancellation charges up to the maximum shown in
the followingtable:
| Days Before Departure |
Cancellation Charge |
| (Shown as a % of the holiday price) |
| 63 days or more |
Deposit only |
| 62 - 43 days |
50% of holiday cost |
| 42 - 31 days |
75% of holiday cost |
| 30 - 0 days |
100% of holiday cost |
‘Special Season’ cancellation conditions apply for Easter/
Christmas/New Year holidays. To be advised at time of
booking.
Once your holiday has been confirmed for the above ‘Special 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
OUT CANCELLATION INSURANCE TO COVER ANY
EVENTUALITIES.
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 a further sum for 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 4 above. Please note that certain travel arrangements, e.g.
Apex tickets, Special Offers are subject to the carrier’s conditions of
carriage and cannot be changed after a reservation has been ticketed; any
alteration request will incur a 100% cancellation charge.
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 section (b) below), you
will have the choice of either accepting the change of arrangements,
booking another holiday with us, or cancelling 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:
| Days Before Departure |
which Compensation per
Person |
| a major change is notified to you or |
| Up to 63 days |
NIL |
| 62-29 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 including ‘acts of God’,
epidemic/pandemic illness, 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 9 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 9 weeks of departure
for reasons other than Force Majeure, compensation will be payable in
accordance with clause 6. In accordance with Regulation (EC) 2111/2005,
Article 9, 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 or visit our website.
7. 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, building works
outside the hotel’s jurisdiction, we will endeavour to inform you as soon
as possible and if time permits.
b) Images depicted throughout this brochure or website are courtesy
of respective country tourist boards, hotel suppliers and other libraries.
c) When you travel with an airline, the ‘Conditions of Carriage’ of
that carrier apply, some of which may limit liability. This 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.
8. 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 subcontractors, 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 and we are to be
regarded as having all benefit of any limitation of compensation contained
in these or any conventions.
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 suppliers,
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 (EC) No. 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 paragraph 6 above.
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 Aviation Consumer
Advocacy Panel at www.caa.co.uk
g) Passport (we recommend that all Passports are valid for at least
6 months and is machine readable). Health vaccination certificate (as
and when required) and all necessary Visas requirements and other
Immigration requirements are your sole responsibility and you should
confirm these with the relevant Embassies and/or Consulates. The
following website offers a chargeable visa service to assist (www.
visacentral.com.uk ) or (www.ctmstravel.com ) or use any other visa
service. Some countries and airlines now require additional passenger
information (API) and we will inform you and failure to provide this may
result in you being denied boarding. We do not accept any responsibility
if you cannot travel because you have not complied with any of the
above advice. You need to advise us at time of booking if you do not
have a UK Passport.
9. COMPLAINTS
If you have a problem during your holiday, please inform the relevant
supplier (e.g. your hotel) and our local representative immediately, who
will endeavour to put things right or contact us in the UK. It is, therefore
a condition of this contract that you communicate any problem to the
supplier of the services in question and to our local representative
whilst in resort and obtain a written report. If your complaint cannot be
resolved locally, you must follow this up within 28 days of your return
home by writing to our Customer Relations Department giving your
booking reference number and all other relevant information. 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 whilst you were in resort and this may affect your rights under
this contract. We are obliged to maintain a high standard of service by
ABTA’s ‘Code of Conduct’. If we cannot agree how to resolve your
complaint, providing the dispute fits within the rules of the scheme,
you can use the Arbitration Scheme devised by ABTA which is run
independently. It is a simple an inexpensive method of arbitration
on documents alone with restricted liability on you for cost. Further
information on the Code and ABTA’s assistance in resolving disputes can
be found on www.abta.com . We reserve the rights to share information
with other operators regarding complaints.
10. 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. You may however choose the law and jurisdiction of Scotland or
Northern Ireland if you wish to do so. This clause does not apply if your
booking was made within 9 weeks of Travel.
11. 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 when these facilities are not offered
by the airline.
b) Flight Routings
• Direct Flight: A flight with no change of aircraft en route, but stops are
possible for operational reason at short notice or without notice
• Non-Stop Flight: A flight without stops except for operational reason.
• 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.
12. TICKETING DEADLINES
Tickets are normally issued four to five weeks prior to your departure.
There may be occasions beyond our control where we may be required
by a partner airline to issue your tickets prior to the normal ticketing
deadline. In such circumstances we will request full payment from you
for the flight portion of your holiday prior to issuing tickets and failure
to provide this payment may result in your flights increasing in cost or
being cancelled. Special advance purchase fares may also require prompt
payment and ticketing and one of our consultants will advise accordingly.
If you are leaving the address given at the time of booking please advise
us in advance.
13. DATA PROTECTION POLICY
, Where your holiday is outside the European Economic Area (EEA),
controls on data protection in your destination may not be as strong as
the legal requirements in this country. We will not, however, pass any
information onto any person who is not responsible for part of 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 cannot provide your booking. In making this booking, you
consent to this information being passed on to the relevant persons. You
are entitled to a copy of your information held by us.
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