CONDITIONS
OF BOOKING
Introduction
The Contract
Exchange Rates
Surcharge Policy
Payment
Cancellation Charges
Transfer of Booking
Hotel Facilities
Travel Delay Benefits
Complaints Procedure
Arbitration
Holiday Prices
Our Responsibility
Holiday Amendment By You
Holiday Amendment By Us
Holiday Cancellation By Us
General Points
INTRODUCTION
The following Conditions of Booking together with the General and Flight Information
contained in this website form the basis of your contract with Luxury Hotel
Holidays Ltd. In these Conditions of Booking "you" and "your" means
the first named person on the Booking Form.” We", "us", "our" and “the
company” means Luxury Hotel Holidays.
THE
CONTRACT
Bookings are accepted subject to the following conditions by the issue of confirmation
letter to you or your travel agent. Your contract will be with Luxury Hotel
Holidays Ltd, . The contract for the holiday comes into force on the date of
issue of the written confirmation. These booking conditions form the basis
of your contract with the company, which contract is governed by English Law
and subject to the exclusive jurisdiction of the Courts of England and Wales,
unless you choose to go to Arbitration under one of the schemes mentioned below.
EXCHANGE
RATES -The advertised prices were calculated using the following exchange rates:
|
|
|
Euro |
1.18 |
1.08 |
US Dollar |
1.60 |
1.50 |
The
company reserves the right to invoice any client for any other
increases in the cost of the holiday within the terms of the
company's surcharge policy.
SURCHARGE
POLICY
The price of your holiday is
subject to surcharge in the event of any increase(s) in the following: aviation
fuel, over flying charges, fees chargeable for services such as landing fees,
or embarkation or disembarkation fees at ports and airports, currency fluctuations or security charges. Even in this case we will absorb an amount equivalent to 2% of the surcharge that 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 50p per person. If this means paying more than 15% of the holiday
price, you will be entitled to cancel your holiday with a full refund of all
money paid to us, except for any premium for holiday insurance and amendment
charges. Should you decide to cancel because of this you must exercise your
right to do so within 14 days from the issue date printed on the invoice. We
will not in any case impose a surcharge less than 30 days before your date
of departure. Only additional Government taxes or increases in current Government taxes are excluded from this policy.
PAYMENT
("Please see "Booking your Holiday" in General Information").
The balance shown on the invoice must be received by this company or one of
our authorised travel agents not less than 12 weeks prior to departure. If
we do not receive all payments due (including any surcharge where applicable)
in full and on time, we reserve the right to treat your booking as cancelled
by you. In this case the cancellation charges set out below will be payable
by you. If you book through one of our authorised travel agents, all monies
you pay to that agent for your holiday will be held by him on our behalf until
they are paid to us or refunded to you.
CANCELLATION
CHARGES
Should you or any member of your party need to cancel your holiday once it
has been confirmed, the party leader must immediately advise us in writing.
Your notice of cancellation will only be effective when we receive it in writing
at our offices. As we incur costs from the time we confirm your booking and
may be unable to resell your holiday, the following cancellation charges will
be payable. Where the cancellation charge is shown as a percentage, this is
calculated on the basis of the total cost payable by the person(s) cancelling,
excluding insurance premiums and amendment charges. Insurance premiums and
amendment charges are not refundable in the event of the person(s) to whom
they apply, cancelling.
| Period
before departure within which written notification of cancellation received
by us |
Charge |
| More
than 84 days |
Deposit |
| 29-84
days |
60% |
| 1-28
days |
100% |
No
refunds can be made for cancellations on or after the date
of departure. Depending on the reason for cancellation, you
may be able to reclaim these cancellation charges (less any
applicable excess) under the terms of your insurance policy.
Claims must be made directly to the insurance company concerned.
TRANSFER
OF BOOKING
You may substitute party member(s) or transfer your entire booking to other
people (introduced by you) without paying cancellation charges providing the
following requirements are met. You must notify us of the substitution or transfer
in writing not less than 14 days before departure giving full details of the
replacement passenger(s). The replacement person(s) must comply with all conditions
applicable to the arrangements. All costs and charges incurred by us and/or
incurred or imposed by any of our suppliers as a result, together with an amendment
fee of £50.00 must be paid before the transfer can be effected.
NB: Airlines charge up to 100% cancellation charges for name changes. In periods
of high occupancy hotels may not accept the transfer of a booking to a substitute
person(s).
HOTEL
FACILITIES
All holiday arrangements and hotel facilities are published in good faith.
There may however be occasions, beyond the control of the company when certain
facilities are withdrawn e.g. maintenance of facilities or prevailing weather
conditions resulting in the temporary closure of the pool. Most hotels in our
programme have organised certain entertainment such as barbecues and live music,
again we have advertised these entertainments accurately and in good faith
at the time of going to press. Luxury Hotel Holidays will not be held responsible
if for any reason these facilities are withdrawn. No compensation is payable
in the event of such withdrawal of facilities.
TRAVEL
DELAY BENEFITS
On occasions there may be travel delays over which the company has no control
and subsequently cannot be held liable. However, all clients who have chosen
to accept and are covered by the company insurance cover will receive the following
compensation:
£ 20 compensation for the first 12 hours delay
£ 10 for each subsequent 12-hrs up to a total of £75
N.B. Full details of this cover will be stated on your insurance policy that
will be sent to you.
COMPLAINTS
PROCEDURE
We want you to have an entirely satisfactory and enjoyable holiday, however
we do appreciate that occasionally something can go wrong. If in the unlikely
event you have any reason to complain or experience any problems with your
holiday whilst away, you must immediately inform our representative (telephone
number provided) and the supplier(s) in question. The complaint must be made
in writing by requesting and completing a Complaint Form. This Form should
be given to your representative who will endeavour to rectify the situation
immediately. If the complaint specifically involves the accommodation you are
staying in you must also request and complete a Hotel Complaint Form. This
document is in triplicate. You should keep one copy and give the other copies
to the hotel that will keep one and send a copy to the local Tourist Office
for immediate investigation. Most problems can be dealt with quickly. If you
remain dissatisfied, however, you must write to us within 28 days of termination
of the holiday giving your booking reference and full details of your complaint.
We will investigate your complaint and forward a report to you. For all complaints
and claims which do not involve personal injury, illness or death, we regret
we cannot accept any liability if you fail to notify the complaint or claim
entirely in accordance with this clause.
ARBITRATION
Disputes arising out of, or in connection with this contract that cannot be
amicably settled may be referred to arbitration under the Travel Industries
Arbitration Services special scheme. The scheme (details on request) provides
for a simple and inexpensive method of arbitration on documents alone with
restricted liability on the customer in respect of costs. The scheme does
not apply to claims for an amount greater than £1,500 per person
or £7,500 per booking form, nor to claims which are solely or mainly
in respect of physical injury or illness or the consequences of such injury
or illness.
HOLIDAY
PRICES
Prices advertised in the price section are based on £'s per person including
the flight content. Children's prices are generally a reduction of 10 - 50%
depending on the child sharing with two full fare-paying adults. Infants (under
two years) at the time of travel including the return flight do not have an
aircraft seat.
OUR
RESPONSIBILITY
(1) We accept responsibility if any of the services
which we have agreed to provide for you as part of our contract with
you prove deficient or not of a reasonable standard. We also accept
responsibility for what our agents, suppliers and sub contractors
do or do not do (providing they were at the time carrying out work
authorised by us) except where death, personal injury or illness
results (dealt with separately below). This acceptance of responsibility
is however subject to the other terms of these Booking Conditions.
(2) We accept responsibility should you or any member
of your party suffer death, personal injury or illness as a result
of any failure to perform or improper performance of any part of
our contract with you by any of our employees, agents, suppliers
or sub-contractors (providing they were at the time carrying out
work authorised by us) except in the following situations. We will
not be liable where any failure to perform or improper performance
was due to
(a) (a) The act(s) and/or omission(s) of the person(s)
affected or
(b) (b) Those of a third party not connected with
the provision of your holiday and which were unforeseeable or unavoidable
or
(c) (c) An event which either ourselves or the supplier
of the service(s) in question could not have been foreseen or avoided
even with due care.
(3) We limit the maximum amount we may have to pay
you or any members(s) of your party for any and all claims or parts
of claims that do not involve personal injury, illness or death.
Except where loss of and/or damage to luggage or personal possessions
is concerned or a lower limitation of liability applies to the claim,
the maximum amount we will have to pay you or any member(s) of your
party for such non personal injury claims if we are found liable
to you the person(s) concerned on any basis is twice the price (excluding
insurance premiums and amendment charges) paid by or on behalf of
the person(s) affected in total. This maximum amount will only be
payable where everything has gone wrong and the person(s) concerned
have not received any benefit at all from the holiday.
(4) Any person(s) to whom any payment is made (and
their parent or guardian if that person is under the age of 18) must
also assign to ourselves or our insurers any rights they may have
to pursue any third party in connection with the claim. You must
provide our insurers and ourselves with all assistance we may reasonably
require.
(5) Please note we cannot accept liability for any
damage, loss, expense or other sum(s) of any description which (a)
on the basis of the information given to us by you concerning your
booking prior to our accepting it, we could not have foreseen would
be suffered or incurred if we breached our contract with you or (b)
did not result from any breach of contract or other fault by ourselves
or our employees or, where we are responsible for them, our suppliers.
Additionally, we cannot accept liability for any business losses.
(6) Where any claim or part of a claim concerns
or is based on any transport services (including the process of getting
on and off the transport) provided by any air, sea, rail or road
carrier or any stay in a hotel, the maximum we will have to pay you
in respect of that claim or that part of a claim if we are found
liable to you the person(s) concerned on any basis is the maximum
which would be payable by the carrier or the hotel keeper concerned
under the applicable international convention (e.g. Athens Convention
for international travel by sea, Warsaw Convention as amended and/or
EU regulation on air carrier liability for international travel by
air and Paris Convention for hotel keepers) in that situation. Copies
of the relevant parts of these Conventions are available on request.
You must give credit for all payments received from any carrier or
other supplier.
(7) We regret we cannot accept liability or pay
any compensation where the performance or prompt performance of our
contractual obligations is prevented or affected by "force majeure".
In the Booking Conditions "force majeure" means any event
which we or the supplier of the service(s) in question could not,
even with all due care, foresee or avoid. Such events may include
war or threat of war, riot, civil strife, terrorist activity, industrial
dispute, natural or nuclear disaster, adverse weather conditions,
fire and all such events outside our control.
(8) If you of any member of your party suffer illness,
injury or death by misadventure as a result of an activity which
does not form part of your contracted holiday arrangements, we will
provide you with all reasonable assistance. This assistance may include
our making a contribution towards your initial legal costs in taking
action against the person(s) responsible providing you request this
within 90 days of the incident in question. All assistance (financial
or otherwise) is subject to our reasonable discretion and a maximum
total cost to ourselves of £5,000 per booking form. If you
are entitled to have any costs or expenses arising from such an incident
met by or from an insurance policy or if you obtain a costs order
against anyone in relation to the incident, you must repay to expenses
and us the costs we spend in assisting you.
HOLIDAY
AMENDMENT BY YOU
Once the booking form has been confirmed by the Company, any subsequent amendment
by the client will be subject to a charge of £50 per person together
with any costs or charges incurred or imposed by any of our suppliers. We cannot
guarantee we will be able to meet requests for changes although we will endeavour
to assist. A change of departure date will be treated as a cancellation.
HOLIDAY
AMENDMENT BY US
As holiday arrangements are made many months in advance, we must reserve the
right to make changes to and correct errors in the brochure and holiday details
both before and after your booking has been confirmed. Most changes will be
minor ones. Occasionally the company has to make significant changes. A significant
change is one made before departure that materially affects your confirmed
arrangements (on the basis of the information we have). Such changes will include
a change of accommodation to that of a lower classification for the whole or
a major part of the time you were confirmed to stay in the confirmed accommodation,
a change of resort area, a change of departure airport (except between the
four London area airports) or a change of a flight departure time by more than
12 hours.
In the event of a significant change we will advise you as soon as possible
and offer you, if there is time to do so before departure the choice of:
(a) Accepting the changed arrangements or
(b) Selecting another available holiday from us
(and paying or receiving a refund in respect of any price difference)
or
(c) Cancelling your holiday and obtaining a refund
of all monies paid to us.
In the case of a significant change, we will in addition pay you compensation
as set out below subject to the following exceptions. Compensation will not
be payable and no liability beyond offering the above mentioned choices can
be accepted where we are forced to make a change as a result of unusual and
unforeseeable circumstances beyond our control, the consequences of which we
could not have avoided even with all due care. No compensation is payable in
respect of minor changes:-
| Days
before departure |
Compensation |
| More
than 56 days |
Nil |
| 15
- 56 days |
£10.00 |
| 14
days or less |
£50.00 |
In
all cases our liability for significant changes are limited
to offering you the above-mentioned options and where applicable,
the compensation payments. We regret we cannot pay any expenses,
costs or losses incurred by you as a result of any change.
HOLIDAY
CANCELLATION BY US
The company reserves the right to cancel your holiday at any time up to the
date when your final balance becomes payable. After this date, we will only
cancel the holiday if you fail to pay the final balance in full and on time
or we are forced to do so as a result of circumstances outside our control
including but not limited to those described in clause (7) under "Our
Responsibility" above.
If we cancel your confirmed holiday, we tell you as soon as possible. If your
holiday is cancelled for any reason other than your failure to pay then, if
there is time to do so before departure, we will offer you a choice of the
following options: -
a). Purchasing a suitable alternative holiday from us if available (and paying
or receiving a refund in respect of any price difference) or
b). Receiving a full and prompt refund of all monies paid to us.
If we have to cancel your confirmed holiday on or after the date the balance
of the holiday cost must be paid, we will in addition pay you compensation
in accordance with and limited to the scale appearing under the preceding paragraph
subject to the following exceptions. Compensation will not be payable and no
liability beyond offering the above mentioned choices can be accepted where
we are forced to cancel as a result of unusual and unforeseeable circumstances
beyond our control, the consequences of which we could not have avoided even
with all due care. No compensation will be payable if we cancel as a result
of your failure to make all payments due in full and on time. We regret we
cannot pay any expenses, costs or losses incurred by you as a result of any
cancellation. No compensation is payable where we cancel more than 10 weeks
before departure.
Very rarely, we may be forced by "force majeure" (see clause (7)
under "Our Responsibility" above) to change or terminate your holiday
after departure but before the scheduled end of your time away. This is extremely
unlikely but if this situation does occur, we regret we will be unable to make
any refunds (unless we obtain any refunds from our suppliers) pay any compensation
or meet any costs or expenses you or any member(s) of your party incur as a
result.
GENERAL
POINTS
1. If in the reasonable opinion of our staff, a hotel manager, his servants
or agents, an airline pilot or other person(s) in authority, the behavior of
a client is such that it is likely to cause damage, distress, danger or annoyance
to other clients, staff or to property, we reserve the right to terminate the
holiday arrangements of the client without notice. If a client is prevented
from boarding an aircraft, because in the opinion of a person in authority
they are unfit to travel and likely to cause danger or disturbance, we reserve
the right to cease responsibility for the client. Full cancellation charges
will apply and we will be under no obligation whatsoever for any refund, compensation
or costs involved.
|