Booking Conditions
The brochure was published in September
2007. Travelux Ltd, ‘the Company’, registered
in England under company number
GB3032925, operates the holidays featured in
the Lefkada and Zagori brochure 2008. The
following conditions, together with the relevant
information set out in the brochure, will form
part of your contract with the Company.
1. BOOKING YOUR HOLIDAY
(a) To secure your booking, we require you to fully
complete and sign the Travelux Booking Form and
return it to the Company with a deposit of 20% per
person - or as advised by the Company. If you are
booking within 8 weeks of departure, then full
payment is required. The signatory of the booking
form accepts these contract terms on behalf of
everyone named in the booking form.
(b) A contract will exist as soon as we issue a
Confirmation Invoice. This contract is made under
the terms of these booking conditions, which are
governed by English law and both parties agree to
submit to the jurisdiction of the English courts at all
times. If for any reason the Company does not
accept your booking, your deposit will be returned.
(c) Special Requests should be indicated on the
Booking Form or made in writing. The Company
will try to arrange for Special Requests to be met,
but cannot guarantee that they will be. The
Company cannot be made liable for any Special
Requests not met.
(d) If you arrange your holiday direct with the
Company all correspondence and other
communications will be sent to the address of the
first person named on the Booking Form unless you
specify otherwise. If you request correspondence
through a business address, a residential address
will also be required for emergency and security
reasons.
(e) If your booking has been made through a travel
agent, the Company will address all
communications to that travel agent. All monies
paid by you the Client, to a travel agent, in respect
of a contract with the Company, they will be held
by the travel agent on behalf of the Company until
such time they are forwarded to the Company.
(f) The balance is due to Travelux 8 weeks prior to
departure.
2. AMENDMENTS & CANCELLATION
(a) Amendments by you The Company will make every effort to assist you if
you wish to alter your arrangements. Requests for
an amendment must be in writing and signed by the
signatory of the Booking Form. You must pay an
amendment charge of £25 per booking, together
with all communication charges or other expenses
incurred by the Company. These charges will be
payable whether or not the Company succeeds in
confirming your requested amendment. Your
request may be treated as a cancellation and
rebooking and the normal cancellation charges
detailed in paragraph (b) below will apply
dependent upon the conditions imposed by our
suppliers. If you are unavoidably prevented from
taking your holiday, by reason of, for example,
illness, jury service, redundancy, unavoidable work
commitments or the death or serious illness of a
close family member, it may be possible to transfer
your booking to a person acceptable to the
Company (but it should be noted that some
suppliers, including airlines consider any change of
name as a cancellation, thereby attracting
cancellation fees of up to the full value of the
service) provided that:
i) if you request the transfer in writing, allow
reasonable time for the changes to be
communicated to, and accepted by suppliers.
ii) your request is in writing and accompanied by
documentary proof of the reason for the transfer,
any tickets or vouchers received from the Company,
full details of the person who will replace you, any
balance due for the booking and the appropriate
administration fee (see below).
iii) your replacement agrees to be bound by these
booking conditions. The administration fee will be
£25 per person. You, as transferor of the holiday
and the transferee shall be jointly and severally
liable to the Company for payment of the balance
due, together with all additional charges of whatever
sort imposed by the suppliers providing the
component parts of your holiday charges. Please
note that airlines in particular, sometimes charge a
100% cancellation fee and the cost of a new ticket.
(b) Cancellation by you
All cancellations must be advised in writing, signed
by the signatory of the Booking Form and sent to
the Company at 8-9 East Cross, Tenterden, Kent
TN30 6AD. Cancellations are effective on the day
they are received by the Company. Recorded
delivery is strongly recommended. The following
cancellation charges (together with holiday
insurance premiums) will be payable, depending upon the number of days prior to departure the
Company receives your notice of cancellation.
| Number of days prior to departure date written advice of
cancellation received |
% loss of total holiday cost |
| More than 57 days |
Loss of deposit |
| 56 - 35 days |
40% of total holiday cost |
| 34 - 21 days |
60% of total holiday cost |
| 20 - 8 days |
80% of total holiday cost |
| Within 7 days |
100% of total holiday cost |
(c) Amendments by the Company
Great care is taken to ensure that the descriptions
and prices given in this brochure are accurate at the
time of publication. Changes can occur, though,
and the Company reserves the right to change any
of the details in this brochure, including prices, in
which case the Company will advise you of any
such change before accepting your booking. After a
Confirmation Invoice has been issued, the
Company makes every effort to operate all holidays
as advertised. In very rare circumstances, the
Company may have to modify a holiday before you
depart. If the modification is significant (that is, if it
is a change of flight time by more than 12 hours, a
change of airport, a change of destination or a
change to a lower standard of accommodation), the
Company will notify you as soon as practicably
possible and offer you three choices. You may
accept the modification, you may change your
booking to another available holiday or you may
cancel and receive a full and prompt refund. If you
choose another holiday, which is more expensive,
you must pay the difference, but if it is cheaper, the
Company will make the appropriate refund. If you
cancel and receive a full refund following a
significant modification made for any reason other
than force majeure or low bookings you will receive
the following compensation, calculated according to
the number of days prior to departure that you are
notified of the change.
| Number of Days prior to Departure Date When Notification
of Change is Sent |
Compensation per Person |
More than 42 days
29 - 41 days prior
14 - 28 days prior
0 - 13 days prior
|
£20
£30
£40
£50 |
Force majeure means unusual and unforeseeable
circumstances beyond the Company's control, the
consequence of which neither the Company nor its
suppliers could avoid, including, but not limited to,
war, threat of war, riot, civil strife, terrorist activity,
(actual or threatened), industrial dispute, technical
problems with transport, machinery or equipment,
power failure, natural or nuclear disaster, fire, flood,
drought, adverse weather conditions and level of
water in rivers. 'Low bookings' means that an
insufficient number of people have booked the
Group holiday to make the operation financially
viable in the advertised form. Cancellation by the
Company as a result of low bookings will not be
made after the ‘balance due’ date (i.e. 8 weeks
before departure).
If there is a minor modification before you depart
(that is, any change not included in the definition of
a significant modification set out above), the
Company will try to notify you, although it is not
obliged to do so, nor is it obliged to pay any
compensation. If the Company becomes unable to
provide a significant proportion of your holiday
after it has commenced, suitable alternative
arrangements will be made for you at no extra
charge to you or, alternatively, you will be returned
to your point of departure and given a pro-rata
refund for ground arrangements not received.
(d) Cancellation by the Company
If you fail to pay the balance of the holiday price at
least 8 weeks (56 days) before departure, the
Company will treat your booking as cancelled and
levy the cancellation charges set out in paragraph
2(b) above.
If the Company is obliged to cancel your holiday in
any other circumstances before departure, the
Company will use its best endeavours to offer
alternative arrangements of a comparable standard
or will give you a full and prompt refund. In
addition, unless the cancellation has been caused by
force majeure or low bookings, the Company will
pay you compensation as set out in paragraph 2(c).
3. SURCHARGES
a) All prices are based upon costs as of 29th June
2007, an exchange rate of 1.48728 Euros to 1.00
UK Sterling £ as shown in the Financial Times.
(b) The Company is under no obligation to give a
breakdown of the costs involved in a holiday.
(c) The Company reserves the right to notify you of
an increase in the brochure or advertised price
before accepting your booking.
(d) After a Confirmation Invoice has been issued, unless you choose to pay for your holiday in full at
the time of booking (see paragraph 3(e) below), the
price of your holiday is, regrettably, subject to the
possibility of surcharges in certain limited
circumstances. However, a surcharge will only be
levied solely to allow for variations in transportation
costs, including costs of fuel, increases in normal
published airfares, taxes or fees chargeable for
services such as landing taxes at airports, the
exchange rate applied to the particular package or if
the UK or overseas government or regulatory body
introduce or increase taxes. Even then, the
Company will absorb an amount equal to 2% of
your holiday price (excluding insurance premiums
and amendment charges) before passing on any
surcharge to you. Only amounts in excess of this
2% will be surcharged. There will be an
administration charge of £1.00 per person (together
with an amount to cover your travel agent's
commission, if applicable). A revised Confirmation
Invoice will be sent directly to you or your travel
agent notifying you of any surcharges.
(e) If a surcharge would increase the total holiday
price shown on your original Confirmation Invoice
by 10% or more, you may cancel your booking
within 14 days of the date of issue of the revised
Invoice and obtain a full refund of all payments
made to the Company, except for holiday insurance
and any amendment charges previously incurred.
(f) Optionally, you may choose to pay for your
holiday in full at the time of booking, in which case
your holiday price will be fixed at the cost quoted
by the Company at that time. To qualify for this
benefit you should return the Confirmation Invoice
to the Company with full payment to reach the
Company within 7 days of the date when the
Confirmation Invoice was first posted to you.
(g) The financial commitments offered above by the
Company mean that the Company is not able to
reduce holiday prices should the value of the £
strengthen.
4. RESPONSIBILITIES OF THE
COMPANY
(a) The Company applies all reasonable checks to
ensure that those involved in the preparation and
provision of your holiday maintain the appropriate
standards. The descriptions, information and
opinions given in this brochure by the Company in
respect of the airlines and other suppliers whose
services used are given in good faith, based on the
latest information available at the time of printing.
(b) The Company accepts liability for any loss you
may suffer if any part of the holiday arrangements
you book with the Company before departure is not
as described and not of a reasonable standard. The
Company also accepts liability if you suffer death or
personal injury as a direct result of these holiday
arrangements failing to be as described and of a
reasonable standard. However, these acceptances of
liability do not apply if there has been no fault on
the part of the Company or its servants, agents or
suppliers and the loss, death or personal injury
suffered is attributable to your own acts or
omissions or to the acts or omissions of a third
party not involved in providing the services, which
make up your holiday, or to unusual or
unforeseeable circumstances or events, which could
not have been anticipated or avoided by the
Company or its servants, agents or suppliers even
with the exercise of all due care. They are also
conditional upon you following the procedures for
notification of complaints set out in condition 9,
and upon you assigning to the Company any right
you may have against any other person whose acts
or omissions have given rise to the Company's
liability
(c) 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.
(d) The Company's liability to compensate you and
the amount of such compensation is subject to the
following limitations. First, in the case of damage
other than death, illness or personal injury,
compensation is restricted to a reasonable amount
having regard to such factors as, inter alia, the
holiday cost and the extent to which the enjoyment
of your holiday can be said to have been affected.
Second, in all cases, liability and compensation are
limited in accordance with the provisions of all
international conventions, which concern
transportation and accommodation, namely the
Warsaw Convention 1929 (as amended), the Berne
Convention 1961, the Athens Convention 1974, the
Geneva Convention 1973 and the Paris Convention
1962. Copies of these Conventions are available
on request.
(e) Building work and the resulting noise from sites
adjacent to any properties featured in the brochure
may occur at any time during the season. Where we
are aware that such works are likely to occur during
your holiday and may in our opinion significantly
affect your enjoyment of it, we will advise you. As
you will appreciate, third parties often carry out the
building works to whom we have no control. Unless
our own subcontractors or suppliers are carrying
out the building works, we regret we cannot pay any
compensation or accept liability, even if we offer
you alternative accommodation or a refund as a
result.
(f) Flights will depart from a UK airport to Preveza
airport by various airlines and types of aircraft. In
accordance with EU regulations we are required to
advise you of the actual carrier operating your
flight/connecting flight/transfer. (See General
Information - Flight Details). However, the
arrangements are not definitive at time of print but
you will be given full details on your final invoice
and information with your E-tickets or paper ticket.
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.
In the unlikely event we are unable to operate to the
airport confirmed at time of booking, we reserve the
right to operate to a suitable alternative airport.
5. YOUR RESPONSIBILITIES
(a) General information concerning passport, visa
and health requirements applicable to UK Citizens
is set out in these booking conditions. However,
such requirements are subject to change and you
must check current requirements before departure.
It is your responsibility to obtain all documents
required for your holiday, to ensure that these are in
proper order and to take them with you. The
Company will not be liable if you fail to do so and
you will be responsible for meeting any additional
costs incurred by reason of such failure.
(b) You are responsible for checking-in for flights at
the correct time and for presenting yourself to take
up all pre-booked components of your holiday. The
Company cannot accept responsibility for clients
missing flights as a result of late check-ins and no
credit or refunds will be given if you fail to take up
any component of your holiday. No credit or refund
will be given for lost, mislaid or destroyed travel
documents. Should anyone arrive less than 40
minutes before the ticketed departure time for
charter flights, admission to the flight can be
refused. Should anyone be refused admission to any
flight by the airline or government authority then
we are powerless to assist and cannot be held
responsible either for the action taken or any extra
expenses that may be incurred as a result.
(c) We reserve the right to terminate the
arrangements of any client who is in our opinion or
in the opinion of any airline pilot, accommodation
owner, tour guide, or handling agent, is causing or
is likely to cause distress, annoyance or danger to
any of our other clients, employees or third party or
damage to property. In this case our responsibility
for the holiday or the person concerned will
immediately cease and we will not be liable to pay
any compensation, make any refund or meet any
expenses they may incur as a result. Where
applicable full cancellation charges will apply.
(d) We are often asked to assist in requesting the
provision of facilities from third parties in resort.
When we are, we will endeavour to assist on an exgratia
basis at our discretion. However, it is
understood and agreed that any such services
provided by third parties do not form part of the
contractual relationship between you and us and are
therefore not subject to these booking conditions.
(e) The client is responsible for any breakages or
damages caused during their stay in resort and
payment or replacement will be requested before
departing the accommodation.
(f) Any special requests or medical problems must
be advised to us at the time of booking and clearly
indicated on your booking form. Whilst we will
endeavour to meet any reasonable requests, we
cannot guarantee they will be fulfilled and failing to
do so will not constitute a breach of contract on our
part. If you or any member of your party has any
medical problems or disability that may affect your
holiday, please tell us before you confirm your
booking so we can advise on the suitability of the
chosen arrangements. In any event you must give us
full details in writing at the time of booking.
6. AIRLINES & OTHER SUPPLIERS
(a) As between you and the suppliers of the
transport, accommodation and other components
making up your holiday, the conditions of the
supplier will apply. These conditions may be subject
to international Conventions that limit and/or
restrict the suppliers' liability. (Copies are available on request - please allow 28 days).
(b) Transport timings are provided by the carrier
concerned and are subject to such matters as
weather conditions, maintenance requirements, the
ability of passengers to check-in on time and in the
case of flights, to air traffic control restrictions.
Accordingly, the times of flights and other forms of
transport are estimates only and cannot be
guaranteed.
(c) Some activities carry inherent risks and if you
are participating in such activities you may be asked
to sign an additional form by the local supplier.
7. EXCURSIONS AND GROUP
BOOKINGS
(a) Please note that when you book an excursion
locally, your contract is with that local company
providing that excursion and not the Company. The
Company has no legal liability for anything that
goes wrong on such an excursion and any claim,
which you might have arising out of the excursion,
will be against the relevant local company and
subject to the local company's terms and conditions.
(b) We endeavour to ensure that our
accommodation and other services provided for
your holiday comply with the safety laws of Greece.
(c) In the interests of safety, our representatives and
guides have complete discretion over any activities,
which are arranged by or through us taking into
consideration the weather conditions, the client's
ability and all other relevant factors. All activities
advertised are subject to availability. Provision of
activities is also subject to the laws and regulations
of the country in, which they are provided.
(d) We reserve the right to change the programme,
accommodation or itinerary of any tours or special
interest holidays if for any reason we decide that a
certain destination is no longer suitable. This
decision may arise from adverse weather conditions
or any other factor, which is beyond our control or
for our own operational needs. The holiday leader
has final discretion on this matter. We also reserve
the right to change the holiday leader for any
holiday. Such a change will not be a significant
change. Subject to these Booking Conditions, we
also reserve the right to vary itineraries and airlines
if necessary or appropriate without compensation.
Unless such variations constitute a significant
change to your holiday arrangements in accordance
with these Booking Conditions, you will not
necessarily be advised of them.
(e) Minimum Numbers: Some holidays contained
in this brochure operate subject to there being a
minimum number required. We impose a deadline
of 8 weeks prior to the date of departure before
deciding if sufficient passengers have booked to
travel. In the event that the minimum number has
not been reached, we reserve the right to cancel
your holiday for this reason providing we notify you
not less than 8 weeks before departure. The
provisions set out under 2c'Amendments by the
Company' will then apply. The Client will receive a
full refund. No compensation will be payable.
8. DATA PROTECTlON ACT It may be
necessary for us to ask you for certain personal
information. Examples of this would be dietary
requirements, disability/medical or religious
information etc. This information will be kept
confidential by the Company and is available for
you to inspect during the Company's normal
working hours. It will be passed to the suppliers
(who may reside outside the EU), if it is necessary
for them to know this information in order to fulfil
our contract to you.
9. IF YOU HAVE A PROBLEM
a) If you are unhappy with any aspect of the
Company's arrangements while you are on holiday,
you must address your complaint immediately to
the Company's local representative (or, if none, to
the Company) and to the management of the hotel
or other supplier whose services are involved. If the
problem cannot be resolved locally and you wish to
complain, full details must be sent to the Company
in writing to arrive within 30 days of your return.
Failure to take either of these steps will deny the
Company the opportunity to resolve the problem
immediately and or investigate it properly. In
consequence, this may affect your rights under this
contract. In the rare event of a dispute, which
cannot be settled amicably, it may (if you wish) be
referred to arbitration under a special Scheme,
which, though devised by arrangement with ABTA
Ltd, is administered quite independently by the
Chartered Institute of Arbitrators. The Scheme
(details of which will be supplied on request or
found on www.abta.com) provides for a simple and
inexpensive method of arbitration on documents
alone, with restricted liability on holidaymakers in
respect of costs. The Scheme does not apply to
claims for an amount greater than £5,000 per
person or £25,000 per booking form. Neither does
it apply to claims, which are solely or mainly in
respect of personal injury or illness or their
consequences. Application for arbitration under this
scheme must be made within 9 months of the date of return from the holiday, but in special
circumstances it may be offered outside this period.
(b) This contract and any matters arising from it are
governed by the laws of England and Wales and are
subject to the jurisdiction of the Courts of England
and Wales.
10. BROCHURE DESCRIPTIONS
(a) This brochure is planned and produced many
months in advance of its commencement of validity.
Every effort is made to ensure that the details,
description and prices contained in the brochure are
correct, based on inspections, and information
passed to the Company by its suppliers. However
changes do occur, sometimes at short notice and
therefore the Company will advise you at the time
of booking, or if after booking as soon as possible of
any such changes to our published information. It is
not always possible for the Company to control all
elements of the holiday whereby advertised facilities
can sometimes become unavailable at short notice
due to inclement weather conditions, lack of
demand, emergency repair works, etc.
(b) Photographs are intended to give an overall
impression rather than details of a specific resort or
accommodation. The Company is not liable for
items of furniture or chattels, which appear in the
photographs but may have been changed or
removed from the villa/hotel, nor is it liable for any
aspect of the villa/hotel environment, which may
have changed since the photographs were taken.
The accommodation and facilities are provided only
for the use of passengers shown on the holiday
invoice as confirmed by us. Sub-letting, sharing or
assignment is prohibited.
11. TRADE BODIES
Travelux Ltd are members of and/or licensed by the
following trade bodies. For further information please contact:
| ABTA |
ABTA Ltd. |
| |
68-71 Newman Street, |
| |
London W1T 3AH. |
| |
Tel: 0207 637 2444 Fax: 0207 637 0713 |
| |
Email: abta@abta.co.uk. |
| |
Website: www.abta.com. |
| |
|
| AITO |
The Association of Independent Tour Operators, |
| |
133A St Margaret's Road, |
| |
Twickenham, TW1 1RG . |
| |
Tel: 0208 744 9280 Fax: 0208 744 3187 |
| |
Email: info@aito.co.uk. |
| |
Website: www.aito.co.uk. |
| |
|
| IATA |
International Air Transport Association. |
| |
www.iata.org. |
The 'Company' has complied with the financial
bonding requirements of the ABTA Ltd and the
Civil Aviation Authority.
ABTA = Travelux Ltd is a Member of ABTA with
membership tour operator number V8177 and retail
number 61926. ABTA and ABTA Members help
holidaymakers to get the most from their travel and
assist them when things do not go according to
plan. We are obliged to maintain a high standard of
service to you by ABTA's Code of Conduct. For
further information about ABTA, see details and
address above.
12. FINANCIAL PROTECTION
ATOL = Travelux holds an ATOL licence and our
number is 3719. The air holidays in this brochure
are ATOL protected, since we hold an Air Travel
Organiser's Licence granted by the Civil Aviation
Authority. 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 see details and address above.
ABTA = The Package Travel, Package Holidays
and Package Tours Regulations 1992 require us to
provide securities 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 a bond held by
the Civil Aviation Authority under ATOL No 3719
and a bond held by ABTA.
Travelux Holidays, 8-9 East Cross, Tenterden,
Kent TN30 6AD
Tel: 01580 765000 Fax: 01580 766139
E-mail: tourops@travelux.co.uk
Website: www.traveluxgreece.co.uk
Company registration number: GB3032925
Company VAT number: 201959178
ABTA No. 61926 + V8177
ATOL No. 3719
IATA No. 91246186
Published September 2007 |
|