Booking Conditions
THE REALLY GREAT HOLIDAY COMPANY PLC BOOKING CONDITIONS.
Please read carefully.
1.THE CONTRACT
Your contract is with The Really Great Holiday Company Plc. whose registered office is Mitre Court, Fleming Way, Crawley, West Sussex RH10 9NJ. The Really Great Holiday Company Plc is a member of the Association of British Travel Agents (ABTA No.V7600) and holds Air Tours Organisers Licence 3827 issued by The Civil Aviation Authority for which it is fully bonded for your financial protection. This contract will be subject to English Law and the jurisdiction of the English Courts. Travel City Direct is a trading name of The Really Great Holiday Company Plc.
2.BOOKING
Your booking with us becomes effective when you have paid a deposit and any applicable insurance premiums and booking fees and we have issued your confirmation invoice. Please check your confirmation invoice carefully when you receive it and advise us if you think anything is wrong since this confirmation invoice details what we have agreed to provide. Please note: It will be assumed that the lead name on the confirmation invoice has accepted these booking conditions on behalf of all passengers included in the confirmation invoice.
3.PASSPORTS AND VISAS
It is your responsibility to ensure that you have a valid passport and any necessary visa. We will not accept liability for any additional costs arising from your failure to meet with these requirements. With your confirmation invoice you will be sent a copy of our Passport and Visa leaflet detailing current requirements. If you do not receive this leaflet then contact Customer Services for a copy. In particular you should note that if travelling to the United States all adults, children and infants must be in possession of their own valid British Citizens machine-readable Passport valid for an absolute minimum of three months beyond the date of their return in order to participate in the US Visa Waiver Programme which allows British Citizens to enter America without requiring a visa. If not then a US visa may be required and you should contact the US Embassy in London on 09055 44 45 46. Anyone who has ever been arrested or convicted of any offence including some driving offences, has previously overstayed on the Visa Waiver Programme or has had any other immigration problems must contact the US Embassy on 09055 44 45 46 about obtaining a visa. Application for a visa can be a lengthy process and an application may be refused so application should be made before booking. Anyone refused boarding or entry to the United States for failing to obtain a visa when required to do so will be liable for any additional flight or other costs incurred as a result of any such refusal.
4.DEPOSIT PAYMENT
A minimum deposit of £130 per passenger and any applicable insurance premiums and booking fees must be paid at the time of booking. Please note a deposit is payable in respect of children taking advantage of a free child place which is credited against your holiday balance. Under certain circumstances a larger deposit may be required which will be advised to you at the time of booking. These circumstances include, but are not limited to, holidays which include a cruise arrangement or flights on charter or scheduled airlines where the applicable fare or cabin upgrade requires an additional deposit. Even where a larger deposit is not required for a holiday including a cruise arrangement please note that as detailed in section 10 of these booking conditions a cruise cancellation charge will be levied in addition to the cancellation charge on the other elements of the holiday as detailed in section 9. At certain times of year we may offer a part deposit facility when only a part deposit is paid at the time of booking with the balance of the minimum deposit payable at a later advised date. Please note however that as advised in section 9 cancellation by you more than 56 days before departure will incur a cancellation charge of £130 per passenger plus any additional deposit paid above the minimum deposit required.
5.BALANCE PAYMENT
The holiday balance payment due must be received by us at least 10 weeks before your date of departure. If you make a booking less than 10 weeks before the departure date then full payment of the holiday costs and any applicable insurance premiums, booking fees and credit card charges must be made at the time of booking. Please note that late bookings may also incur a late booking fee of which you will be advised at the time of booking and which is applicable whether travel documents are provided in advance or for collection at the departure airport. If payment is not received within these timescales then we may cancel the booking and apply cancellation charges as detailed in sections 9 and 10. Please note that any applicable insurance premiums, booking fees and credit card charges are not refundable and are excluded from any calculation of cancellation charges.
6.TRAVEL DOCUMENTS
Travel documents will not be released until full payment has been received by us and wherever possible will be provided in good time prior to your date of travel but if this is not possible then arrangements will be made for their collection at the departure airport or on arrival in resort.
7.HOLIDAY PRICE
The price of your holiday is as shown on your confirmation invoice but we reserve the right to alter that price of your holiday where changes occur in exchange rates or transportation costs including the cost of fuel, dues, taxes such as landing or security taxes or embarkation or disembarkation fees at ports and airports. However there will be no change in your holiday price within 30 days of departure.
We will absorb and you will not be charged for any increase up to the equivalent of 2% of the holiday price excluding insurance premiums, amendment and part cancellation charges and credit card charges. You will be charged for the amount over and above that plus an administration fee of £1.00 per person. If this means that you have to pay an increase of more than 10% of the holiday price you will have the option of either cancelling the holiday, and receiving a full refund of all monies paid except for amendment and part cancellation charges, booking fees and credit card charges, or accepting a change to another holiday. If we are able to offer one of equivalent quality you will not be required to pay any more but if it is of lower quality you will be refunded the price difference. If you decide to cancel your holiday then you must exercise your right to do so within 14 days from the issue date of your surcharge invoice.
Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday price then a refund will be paid to you. However please note that travel arrangements are not always purchased in local currency and some apparent currency changes may have no impact on the holiday price due to contractual and other protection in place.
Please note that some hotels make daily local charges for additional room facilities eg. an in-room safe or for general or resort facilities and for car parking. These charges are not pre-payable and are not included in you holiday price but are advised at hotel check-in and payable locally. Most villa management companies and some self-catering units require a refundable breakage deposit, normally up to $200 to $300, payable locally by means of a card imprint or cash payment.
8.SPECIAL REQUESTS
We will endeavour to pass on requests, e.g. flight seat location, special meals or hotel room location made to us at the time of booking and at least 30 days prior to departure. We regret that such requests cannot be guaranteed and therefore compensation claims will not be considered if your request is not honoured.
If anyone in your party has any special requirement for assistance or facilities arising from a medical condition or disability then advise us at the time of booking. We will provide a form which you should complete and return within 14 days and we will make every effort to arrange the assistance and facilities required.
9.CANCELLATION BY YOU
We start to incur costs for your holiday from the time your booking is confirmed. So if you cancel your holiday we make a charge and the later the cancellation, the more that charge will be. Your cancellation can only be accepted if it is in writing from the lead name on the booking. Cancellation will be effective from the date it is received. Please note that in the event of cancellation by you no insurance premium, booking fee or credit card charge will be refunded and you will be liable for cancellation charges as follows.
For notice of cancellation received more than 56 days before your holiday departure date the cancellation charge per passenger is £130 plus any additional deposit paid above the minimum deposit required. Please note that these cancellation charges will apply even when only a part deposit has been paid. For notice of cancellation received 56 days or less before your holiday departure date the cancellation charge per passenger is £130 or in accordance with the following scale whichever is the greater.
| Time before departure when cancellation notice is received | Cancellation charge as % of holiday price excl. insurance premium, booking fees and credit card charges. |
|---|---|
| 56-29 days | 50% |
| 28-22 days | 70% |
| 21-15 days | 80% |
| 14 days or less | 100% |
In particular please note that that for any holiday including a cruise arrangement the above scale of cancellation charges will apply to the non-cruise elements of the holiday but in addition a cruise cancellation charge will apply as detailed in section 10 below. In addition please note that we also reserve the right to levy an additional cancellation charge where the above charges are insufficient to cover our liability to airlines or other suppliers arising from your cancellation where no additional deposit has been paid. For example schedule flights or cabin upgrades.
10.CRUISE CANCELLATION BY YOU
If you cancel a holiday which includes a cruise arrangement then the scale of cancellation charges detailed in section 9 will apply to the non-cruise elements of the holiday but in addition a cruise cancellation charge will apply. You will be advised of this additional cancellation charge at the time of booking. Cruise cancellation charges vary according to the cruise line, the duration of the cruise and the time before cruise departure the cancellation is made. Cancellation will only be accepted in writing from the lead name on the booking.The following cruise cancellation charges apply for selected cruises as shown below. Cruise cancellation charges for other cruise lines, cruise durations and cancellation days before departure are available on request.
Holland America Line
For cancellation between 75 and 56 days before cruise departure the cruise cancellation charge is £190 per passenger. For cancellation less than 56 days before cruise departure the scale of cruise cancellation charges is shown in the table below.| Time before departure when cancellation notice is received | Cancellation charge as % of total cruise fare. |
|---|---|
| 55-29 days | 50% |
| 28-16 days | 75% |
| 15 days or less | 100% |
Carnival Cruise Line
For 7 day cruises for cancellation between 75 and 30 days before cruise departure the cruise cancellation charge is $250. For cancellation less than 30 days before cruise departure the scale of cruise cancellation charges is shown in the table below.| Time before departure when cancellation notice is received | Cancellation charge as % of total cruise fare. |
|---|---|
| 29-8 days | 50% |
| 7 days or less | 100% |
Cruise cancellation charges for other cruise lines, cruise durations and cancellation days before departure are according to the cruise line booking conditions and are available on request .
11. CHANGES BY YOU
Any change you wish to make to your confirmed booking must be submitted in writing by the person shown as the lead name on our booking confirmation, to be received by us no less than 56 days before departure and be accompanied by payment of the applicable amendment fee. We will do our best to arrange the change you request subject to availability and subject to the payment of the amendment fee and any additional holiday costs arising from the change. We normally charge an amendment fee of £25 per person for each item you want to change. A change of departure date can only be made within the same programme season and not from a summer season holiday to a winter season holiday or vice versa or from one year to another or from a America holiday to a European holiday or vice versa. Winter 06/07 season ends 30 April 2007. Summer 07 season starts 01 May 2007 and ends 31 October 2007. Winter 07/08 season starts 01 November 2007 and ends 30 April 2008.
Any member of the party prevented from travelling may transfer their booking to another suitable person provided that written application by the person shown as the lead name on our booking confirmation is received by us at least 21 days before the departure date. The new member of the party will be equally liable with the original member of the party for the additional cost arising from the transfer. If any member of the party cancels without offering a replacement as above, then the holiday price will be recalculated on the basis of any amended party size. Any increase in price per person for the remaining members of the party as a result of part cancellation, is not a cancellation charge and is not normally covered by insurance. A separate cancellation charge detailed in sections 9 and 10 will be made against the cancelled element and the booking will be re-invoiced accordingly. Name changes or changes of departure date may not be permitted by a charter airline or cruise company and are treated as cancellations and charged accordingly and these charges will be passed on to you. Schedule airlines do not permit name changes and name changes are treated as cancellations with cancellation charges as set out in their booking conditions and changes of departure date may also be treated as a cancellation and will also be subject to any additional costs incurred by ourselves eg change of season, weekend supplements etc. Always check possible costs before making any flight changes. You may not change your holiday to a late availability or other special offer holiday.
12.PROGRAMME ACCURACY
Our holiday programmes are prepared many months in advance of your holiday and therefore the facilities shown may not always be available particularly at the beginning and end of the season. We will endeavour to advise you of any withdrawal or limitation of facilities as soon as possible prior to departure. Similarly we will endeavour to advise you prior to departure of any building work or noise source of which we are aware likely to significantly affect the enjoyment of your holiday. If such pre-advice is not possible then you should follow the complaints procedure detailed in section 18 of these booking conditions.
13.CANCELLATION BY US
In the unlikely event that cancellation of your holiday by us becomes necessary we undertake that notice of cancellation will be given prior to the date when the balance payment for your holiday is due. You will be notified as soon as possible of a cancellation and subject to availability you will be offered the choice of an alternative holiday of comparable quality or a full refund of all monies paid. Should notice of cancellation unavoidably fall within the final payment period then compensation will be paid by by us in accordance with the scale in section 15 unless the reason for cancellation falls within the definition of force majeure in section 20 or arises from your failure to meet the payment deadline. We reserve the right to terminate the holiday immediately if any member of your party whose behaviour in our opinion or that of an airline pilot, accommodation manager or any person in authority is likely to cause distress, damage, danger or annoyance. In the event of such termination we will apply full cancellation charges and you will be liable for any costs you or we may incur.
14.CHANGES BY US
If we find it necessary to make a material change to your holiday before departure then we will notify you as soon as possible. A material change is for example one involving a change of destination resort, a change to accommodation of a lower classification, a change of confirmed flight times by more than 12 hours to your outbound or return flight or a change of airport (other than between Gatwick and Heathrow, Cardiff and Bristol or between Orlando International and Sanford, Gerona and Barcelona). A change of airline or aircraft type or en-route stops, a change of in-flight cabin location or facilities or upgrade benefits or where a change of airport plus transportation results in a delay of less than 12 hours will not be considered a material change. If a material change to your holiday is necessary you will be offered the option to accept the change or choose an alternative from our programme subject to availability and the acceptance of any holiday price adjustment or cancel the holiday and receive a full refund of all monies paid. If a material change is notified to you less than 8 weeks before departure then in addition to whichever option you choose to take, you will be paid compensation on the scale below except that no compensation will be payable where the change arises due to force majeure as defined in section 20.
15.COMPENSATION FOR CANCELLATION OR CHANGES BY US
If we cancel or make a material change to your holiday and you accept the offered change or alternative holiday then we will pay you compensation in accordance with scale A in the table below. If you decide to accept instead a refund of your holiday cost then we will pay you compensation in accordance with scale B.
| Time before departure when change or cancellation is notified | Compensation for passenger | Scale A | Scale B |
|---|---|---|
| More than 56 days | Nil | Nil |
| 56-43 days | £10 | Nil |
| 42-29 days | £20 | £10 |
| 28-15 days | £25 | £10 |
| 14 days or less | £30 | £15 |
*Children or adults travelling at reduced prices receive compensation on a pro-rata basis.
16.FLIGHT DELAYS
Unfortunately, flight delays do sometimes occur. These are beyond our control and any resultant arrangements during the delay will be the responsibility of the airline. If you have taken out our recommended personal travel insurance then you might be eligible to claim compensation for the delay under certain circumstances.
17.PERSONAL TRAVEL INSURANCE
We strongly recommended that you arrange adequate travel insurance cover for you and your party from the time of booking. If you have purchased travel insurance from us then you and all members of your party must read the insurance schedule of cover carefully as the policy contains a number of restrictions of cover including pre-existing medical conditions of the party travelling and also of any close relatives or friends whose health may lead to cancellation or curtailment of the holiday. If in any doubt you must contact the insurers direct.Take your insurance schedule on holiday with you. If you have booked alternative insurance then check with your insurer as similar conditions may apply.
18.COMPLAINTS
If you have cause for complaint whilst on holiday you must advise our local representative or agent and the relevant supplier of the service immediately since the opportunity will then exist to resolve the problem on the spot. If they are unable to resolve the problem then obtain a Holiday Report Form from our local representative which you should complete, they should sign and your should retain a copy. On your return home if you wish us to consider your complaint further then send us a copy of the Holiday Report Form together with your booking reference and any additional comments you wish to make to Travel City Direct Customer Relations, Matrix Alpha, Swansea Enterprise Park, Swansea SA6 8RE. You should do this within 28 days of your return home so that any investigation can take place whilst memories are still fresh and failure to do so may affect your rights under your contract. We undertake to deal with your complaint promptly and fairly. However, if you fail to follow this procedure then we cannot accept responsibility, as we will have been deprived of an opportunity to investigate and rectify the problem. In the unlikely event that your complaint is not resolved to your satisfaction you may with to consider referring it to arbitration under an ABTA scheme administered totally independently by the Chartered Institute of Arbitrators. The scheme is simple and inexpensive being based on documents alone and your liability for costs is limited. The scheme is not available for claims greater than £5,000 per person or £25,000 per booking form: nor does it apply for claims, which are solely, or mainly in respect of injury or illness. Full details of the scheme can be obtained from ABTA, 68-71 Newman Street, London WIT 3AH. As members of ABTA we are legally bound by the decision of the appointed Arbitrator.
19.CONDITIONS OF CARRIAGE
Your holiday may include international carriage by air and sea and the terms and conditions of carriage of the airline and cruise line apply which are themselves the subject of international agreements and which may limit or exclude liability. We will provide a copy of these conditions on request.
20.FORCE MAJEURE
We accept no liability to pay compensation in respect of any loss or damage or changes arising from unforeseeable circumstances beyond our control or that of our suppliers including (but not limited to) war, or threat of war, riots, civil strife, industrial disputes, airline technical problems, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions.
21.ASSISTANCE
If any member of your party should unfortunately suffer some mishap whilst on holiday resulting in injury, illness or death and arising from an activity not forming part of the holiday arrangements contracted with us then every assistance will be provided. Such assistance may include financial provision up to a maximum of £5,000 per party to cover immediate expense, which you may not be able to meet from your own resources at that time. We reserve the right to reclaim such expenditure from the member of the party concerned should they receive any payment (including compensation or insurance payment) arising from any subsequent claim.
22.OUR LIABILITY
We accept responsibility for ensuring that your holiday arrangements are supplied as confirmed to you in your confirmation invoice. If you have a justified complaint and have followed the complaints procedure in section 18 then we will pay you reasonable compensation if the enjoyment of your holiday has been affected. We accept responsibility for the acts and/or omissions of our employees, agents, and suppliers except where they lead to death, injury or illness. Our liability in all such cases shall be limited to a maximum of 3 times the holiday price. We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees, agents or suppliers acting within the scope of or in the course of their employment in the provision of the holiday. In respect of carriage by air and the provision of accommodation our liability in all cases will be limited in the manner provided by the relevant conventions, copies of which are available on request.
