TERMS & CONDITIONS OF YOUR BOOKING
Your holiday is operated by Archipelago Choice Limited of 1b Museum Square, Keswick, CA12 5DZ (“the Company”), which is registered in England under company number 3633568. The following conditions, together with the information set out in the relevant brochure, website and confirmation invoice will form part of your contract with the Company. The pre-departure information booklet does not form part of the contract.
Deposit: To secure your booking, please send a deposit of £125 per person to the Company along with your completed booking form. Your deposit may be higher if your flight requires immediate payment of the full flight cost. We will notify you at the time of booking if this applies along with the amount of deposit that is required to secure the booking. If you book within 70 days before departure you must send the Company the full cost of your holiday. Please note that if you subsequently cancel, you will incur the cancellation charges set out in the amendments, transfers and cancellation clause. It is a condition of booking that you obtain adequate travel insurance at the time of booking as per the insurance clause below.
Confirmation invoice: Within 14 days we will send you our confirmation invoice which is our acceptance of your booking in accordance with these terms and conditions. A binding contract will come into force between us at the time we send out our confirmation invoice and until then we shall have no liability to you whatsoever. The contract is made in accordance with English Law and is subject to the jurisdiction of the Courts of England and Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland can deal with any disputes.
Final balance: The final balance must be received at our offices 70 days before the departure date. This payment date will be clearly stated on the confirmation invoice. If payment of the balance is not received in full, the Company reserves the right to cancel the holiday in accordance with the cancellation clause below.
For all payments made by credit card other than AMEX, a non-refundable fee is applied by the merchant provider of 1.5% of the total cost of your payment. For AMEX cards, a non-refundable fee of 2.5% is applied.
Special requests: Please let the Company know at the time of booking of any medical conditions, dietary requirements, needs or special requests. The Company cannot be held responsible for any loss where these were not made known to the Company at the time of booking.
Consumer protection: The air holidays and flights in our brochure and on our website are ATOL Protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 6059. 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. Please note that ATOL protection does not cover the event of airline insolvency. For further information, visit the ATOL website at www.atol.org.uk. The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution we pay to the CAA. This charge is included in our advertised prices.
For holidays that do not include flights, you are protected by our insurance policy with IPP Ltd. and its panel of insurers. This insurance is only valid for passengers who book and pay directly with/to the Company. If you have booked and/or paid direct to a travel agent for a holiday with the Company please request proof of how the booking is secured as this will not be covered by IPP Ltd in this instance. For further information please go to www.ipplondon.co.uk. In accordance with "The Package Travel, Package Holidays and Package Tours Regulations1992" all passengers booking with the Company are fully protected for the initial deposit and subsequently the balance of all monies, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of the Company.
Price variation: No surcharges will be applied within 30 days of departure. The price of your travel arrangements was calculated using an exchange rate of £1 = €1.1697 quoted in the Financial Times on 15 November 2011. The price of your travel arrangements is subject to surcharges for increases in transportation costs such as fuel charges, the cost of dues and taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, government action such as increases in VAT or any other government imposed increases, and currency in relation to adverse exchange rates. Even in this case we will absorb or retain 2% of the holiday price. Only amounts in excess of 2% will be surcharged or reimbursed and if this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all money paid to the Company. Should you decide to cancel because of this you must exercise your right to do so within 14 days of the date of the invoice. Please note that travel arrangements for your holiday are not always purchased in local currency and some apparent changes have no impact on the price of your travel.
Some airlines may apply a surcharge after a booking has been confirmed. This surcharge can be avoided by paying the full cost of the flight as soon as the airline or their agent notifies the Company of the surcharge. In this event, the Company will give you the option to increase your non-refundable deposit to avoid the surcharge or to apply the surcharge in accordance with this clause.
Transport delays: Flight times are provided by airlines and are subject to change because of such matters as air traffic control restrictions, adverse weather and technical problems. Flight timings are estimates only and may change. We will not be liable if a flight is delayed. In the event of a delay, airlines generally provide such refreshments, meals and accommodation as they deem appropriate. In addition, you may be entitled to claim under the flight delay section of your travel insurance policy.
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier where you may claim compensation under the Denied Boarding Regulations 2004, you must claim this from the carrier. Any sums received by you constitute the full amount of your entitlement to compensation.
Brochure information: Brochure and website validity is from December 2011 and these editions replace all previous editions. The Company makes every effort to ensure that the information contained in our brochure and on our website is as accurate as possible, and whilst correct at the time of publication, it may be subject to alteration. If the Company receives prior notification of alterations to any accommodation, services or facilities we will inform you as soon as reasonably possible. It should be noted that destination information is for guidance purposes only and that the photographs printed in the brochure and on the website are used to give an impression of the accommodation and services offered.
Amendments, transfers or cancellation:
(A) By you. If you wish to change the details of your booking, let us know in writing as soon as possible and we will do our best to accommodate you, subject to availability. If the changes are possible, we will let you know and you will be responsible for any extra costs.
You should note that airlines may treat a change to a booking as a cancellation and new booking and therefore charge a 100% cancellation fee. This, for example, may apply to a flight booked with an incorrect passport name. Airlines are very strict in this instance and do not allow name changes to be made. If an incorrect name is given at the time of booking by you, 100% cancellation charges may apply and a new flight may need to be purchased by you (which may be at an increased rate).
After departure, no refund for any unused portion or part of the holiday or services will be given. If you alter or cancel any part of the holiday post departure, this will be at your own expense.
You may change your booking up to 30 days prior to departure by transferring it to another person if you are unavoidably prevented from travelling. Both you and the person replacing you will be responsible for the terms of this contract, the holiday cost and any additional costs in transferring the booking. Please note that flight bookings are not transferable and non-refundable.
You can cancel your booking in writing. The following cancellation charges will apply, based on the date written notification is received by the Company.
Date of written notification before departure Cancellation charge
From booking to 70 days prior to departure Deposit forfeit (£125.00 per person + pre-paid flights (where applicable))
69-35 days prior to departure 40% of total holiday cost (+ pre-paid flights (where applicable))
34-0 days prior to departure 100% of total holiday cost
Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to claim these charges from your insurer.
(B) By the Company.
(i) The Company reserves the right to make changes to your holiday arrangements after we have confirmed your booking, and if we do so, we will use our best endeavours to inform you before departure and make suitable alternative arrangements.
(ii) Any change we make to your holiday will be either major or minor. A major change includes a change of UK departure airport (not including between airports in London), a change of flight time by more than 16 hours, or a change to a lower category of accommodation. Any other change, for example a change in airline or car rental company, will be classed as a minor change. If there is a minor change, we will do our best to notify you of this, but we are not under any obligation to do so or to pay you compensation. If there is a major change, we will advise you as soon as is reasonably possible. You will then have the choice of accepting the change, taking an equal or better holiday (and where this is of a lower price, we will refund the difference), or cancelling and accepting a full refund. In addition, in appropriate cases (on the assumption that the full balance has been paid) we will pay you compensation. Please see (vi) below for details.
(iii) If we have to cancel your holiday before the date of departure, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference) or withdrawing from the contract and accepting a full refund of all monies paid. In addition, on the assumption that the full balance has been paid and where such cancellation is not due to force majeure (as defined below), we will pay you compensation as per (vi) below.
(iv) Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could foresee or avoid, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control.
(v) In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you to continue your holiday at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure (as defined above).
(vi) The amount of compensation, if applicable, will be calculated as follows:
70 or more days before departure: £0
69-14 days before departure: £30 per person
13-0 days before departure: £45 per person.
Your responsibilities: It is your responsibility to obtain valid and up to date documents. These will include a passport with at least 6 months validity, visas where required and a driving licence if you intend to drive. The Company will not be liable if you fail to do so or for any costs attached. 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 if you miss flights as a result of late check-ins and no credit or refund will be given if you fail to take up any component of your holiday.
Passports, visa and health requirements: Passport, visa and health requirements such as immunisations for the destinations featured, (which are current at the time of going to press), are set out in information given to you at the time of booking but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen country. If you are unable to travel as a result, you may be liable to pay the cancellation charges set out above. Non British citizens should check with their embassy or consulate to obtain details of the relevant requirements.
The Foreign and Commonwealth Travel Advice Office issues travel advice, which is regularly updated, and which relates to political, economic and other circumstances prevailing in countries throughout the world. If you want any such advice, you should contact them. Their telephone number is 020 7008 1500, and details are also available and at www.fco.gov.uk.
Sources of information about health requirements include the Department of Health’s free leaflet Health Advice for Travellers, which is available at www.dh.gov.uk
Insurance: You accept that it is a condition of booking that all persons travelling have adequate travel insurance at the time of booking to cover events, including but not limited to pre-departure cancellation and cover for the entire duration of your trip including 24 hour emergency medical cover with a repatriation service, loss of personal effects and any activities you intend to take part in. Please disclose any relevant information including pre-existing injury or condition to the insurer at the time of purchase of your policy. If you intend to undertake activities and these are not covered by your standard policy, please ensure that you purchase additional cover for these.
The Company cannot be held responsible or liable in any way for customers who fail to take out adequate travel insurance. Please note that insurance provided by credit card companies and banks often has limited cover. Please check at the time of booking that the cover provided by such a policy complies with this condition.
(i) Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the destinations we offer. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
(ii) For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (iv) and (v) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below pay you compensation. We will pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 2004 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have, liability subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation.
(iv) We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or 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 neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday.
(vi) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2005, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, we will not consider your claim until such time as you have made a complete assignment to us of any rights you have against the carrier.
(vii) If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.
(viii) You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
Excursions: Our local representatives may, at your request, recommend excursions in resort. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.
Acceptance of risk: There may be an element of personal risk attached to the holiday and the activities that you have booked. In accepting these conditions, you consent to these risks. If you suffer from any pre-existing
injuries that may affect your ability to undertake an activity, please consult your doctor and notify your insurers before you travel. The Company reserves the right to request a doctor’s certification that you are fit to participate in the holiday. If you are pregnant, please notify the Company as soon as possible as this may affect your ability to participate in certain activities. For example, whale watching is not permitted if you are pregnant.
Pipeline monies: Any monies paid to your travel agent are held by the travel agent on our behalf.
If you have a complaint: If you have a complaint whilst on holiday you must tell the supplier who will try and resolve the matter on the spot. If they are unable to sort out the problem, contact the Company who will endeavour to do so on your behalf. If there is an emergency, please call the 24 hour contact number provided in your confirmation invoice. Unless they or the Company have been given the opportunity to rectify the problem at the time, it is not reasonable to expect the Company to accept liability for any problem after you return home. If the complaint cannot be resolved there and then you should inform the Company in writing within 30 days of the completion of your holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either the Company or the relevant supplier.
If you have a dispute with the Company which you are unable to resolve, you may call upon the low-cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking form or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.