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Luxury Hotel Holidays


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:

Winter 2009/10
Summer 2010
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.

The Booking Form
Resort Hotel Date of Arrival at Hotel Date of Departure from Hotel
Departure Airport Departure Date Number of Nights Email
Main Contact Address
Title Forename Surname Date of Birth Passport No. Place of Issue Date of Issue Date of Expiry
Please confirm that you have: Read Booking Conditions Taken adequate holiday insurance Hold a valid UK passports with 6 months validity