Booking conditions (continued)
12. Behaviour
Procedure. This is a voluntary scheme and requires us travel by sea). Where a carrier or hotel would not
When you book a Holiday with Virgin Holidays you
to agree for mediation to go ahead. The aim is to help be obliged to make any payment to you under the
accept responsibility for the proper conduct for
you resolve your dispute in a quick and cost effective applicable International Convention or Regulation in
yourself and your party whilst on Holiday. If we or any
way. Details on request or from www.abta.com respect of a claim or part of a claim, we will not be
other person in authority is of the reasonable opinion
obliged to make a payment to you for that claim or
15. Our liability to you
that you or any member of your party is behaving in
part of the claim. When making any payment, we
(1) In respect of Packages
such a way as to cause or be likely to cause danger
are entitled to deduct any money which you have
We promise that your Holiday arrangements will be
or upset to any other person or damage to property,
received or are entitled to receive from the transport
made, performed or provided with reasonable skill
we will be entitled to terminate the holiday of the
provider or hotelier for the complaint or claim in
and care. This means that we will accept responsibility
person(s) concerned. The person(s) concerned will be
question. Copies of the applicable international
if, for example, you suffer death or personal injury or
required to leave the accommodation or other service
conventions and regulations are available from us on
your contracted arrangements are not provided as
and we will have no further responsibility to them
request. In any circumstances in which the carrier
promised or prove deficient as a result of the failure
including any return travel arrangements. No refunds
is liable to you by virtue of the Denied Boarding
of ourselves, our employees, agents or suppliers to
will be made and we will not pay any expenses or
Regulation 2004, any liability we may have to you
use reasonable skill and care in making, performing
costs incurred as a result of the termination. You
under our contract with you, arising out of the same
or providing your arrangements. Further, we will
will be responsible for making full payment for any
facts, is limited to the remedies provided under the
be responsible for what our employees, agents and
damage or loss caused by you or any member of your
Regulation as if (for this purpose only) we were a
suppliers do or do not do if they were at the time
party during your time away. Payment must be paid
carrier; any sums you receive from the carrier will be
acting within the course of their employment or
direct at the time to the service supplier concerned
deducted from any amount due from ourselves.
carrying out work we had asked them to do.
failing which, you will be responsible for meeting any
(7) We will not accept responsibility for services or
claims subsequently made against us (together with
(2) In respect of other arrangements
facilities which do not form part of our agreement
our own and the other party’s full legal costs) as a
We promise to use reasonable skill and care in the
or where they are not advertised in our brochure.
result of your actions.
performance of our contractual obligations, subject to
For example any excursion you book whilst away, or
and in accordance with these Booking Conditions. Our
13. If you have a complaint
any service or facility which your hotel or any other
contractual obligations consist of using our reasonable
In the unlikely event that you have any reason to
supplier agrees to provide for you.
skill and care in making your booking and arranging
complain or experience any problems with your
your accommodation/car hire/ flight, as well as using
(8) The services and facilities included in your holiday
holiday arrangements whilst away, you must
our reasonable skill and care in choosing our suppliers.
will be deemed to be provided with reasonable skill
immediately inform our representative and the
and care if they comply with any local regulations
(3) In respect of Packages and other arrangements
supplier of the service(s) in question and complete a
which apply, or, if there are no applicable local
We will not be responsible for any injury, illness,
report form whilst in resort. Most problems or
regulations, if they are reasonable when compared to
death, loss, damage, expense, cost or other claim of
complaints can be resolved while you are away,
the local standards in practice.
any description whatsoever which results from:
however if you remain dissatisfied, please write to us
16. Data protection/privacy
within 28 days of your return to the UK giving your
The act(s) and/or omission(s) of the person(s)
In order to process your booking and meet your
booking reference and full details of your complaint.
affected or any member(s) of their party or
requirements, we must pass your personal details on
Your complaint should be in writing, to our Customer
The act(s) and/or omission(s) of a third party not
Relations Department at Virgin Holidays Limited, The
connected with the provision of your arrangements
to the relevant suppliers of your travel arrangements.
294 Galleria, Station Road, Crawley, West Sussex, RH10
and which were unforeseeable or unavoidable or
We would also like to hold your information (including
1WW, giving your booking reference and all other
’Force Majeure’ as defined above.
any email address), where collected by us, for our
own future marketing purposes (for example, to
relevant information. Please keep your letter concise (4) Except as specifically set out in these conditions,
inform you of promotional/competition offers or to
and to the point. This will assist us to quickly identify we will not accept any further or different liability
send you our brochure). If you do not wish to receive
your concerns and speed up our response to you. than the Package Travel, Package Tours and Package
such approaches in future, please inform us as soon
If you fail to follow this procedure we will have been Holidays Regulations impose. It is your responsibility
as possible. For full details of our data protection
deprived of the opportunity to investigate and to show that reasonable skill and care has not been
and privacy policy, and an explanation of how your
rectify your complaint whilst in resort and this may used if you wish to make a claim against us.
personal details will be used by us, please refer to our
affect your rights under this contract.
(5) We limit the maximum amount we may have to
website at virginholidays.co.uk
14. What happens to complaints
pay you for any claims you may make against us.The
We are a member of ABTA, membership number
maximum amount we will have to pay you where
17. Special requests and medical problems
V2043. We are obliged to maintain a high standard
we are found liable for loss of and/or damage to any
If you wish to make a special request, you must do so
of service to you by ABTA’s Code of Conduct. We can
luggage or personal possessions (including money)
at the time of booking. We will try to pass any
also offer you an arbitration scheme for the resolution
is £50 per person affected unless a lower limitation
reasonable requests on to the relevant supplier but
of disputes arising out of, or in connection with
applies to your claim under this clause.
we cannot guarantee that requests will be met. The
fact that a special request has been noted on your
this contract. Further information on the code and For all other claims which do not involve death or
confirmation invoice or any other documentation or
arbitration can be found at www.abta.com personal injury, the maximum amount we will have to
that it has been passed on to the supplier is not
The arbitration scheme is arranged by ABTA and
pay you if we are found liable to you on any basis is
confirmation that the request will be met. Failure to
administered independently by IDRS, part of the
three times the price (excluding insurance premiums
meet any special request will not be a breach of
Chartered Institute of Arbitrators. It provides for
and amendment charges) paid by or on behalf of the
contract on our part unless the request has been
a simple and inexpensive method of arbitration on
person(s) affected in total unless a lower limitation
specifically confirmed.
documents alone with restricted liability on you
applies to your claim. This maximum amount will only
in respect of costs. Full details will be provided on
be payable where everything has gone wrong and you
We are happy to advise and assist you in choosing a
s
request or can be obtained from the ABTA website.
have not received any benefit at all from your holiday.
suitable holiday. As some of the accommodation and
resorts featured may lack even the simplest facilities,
The scheme does not apply to claims for an amount (6) Where any claim or part of a claim (including
such as ramps for wheelchairs, lifts etc, it is important
greater than £5,000 per person. There is also a limit those involving death or personal injury) concerns
ion
that, when booking, you advise us of any disabilities
of £25,000 per booking form. Neither does it apply or is based on any travel arrangements (including
and special requirements to make sure the holiday
to claims which are solely in respect of physical injury the process of getting on and/or off the transport
meets your specific needs. A customer care
d
it
or illness or their consequences. The scheme can concerned) provided by any air, sea, rail or road
information form will be sent to you to complete and
however deal with compensation claims which include carrier or any stay in a hotel, the maximum amount of
return. If we reasonably feel unable to properly
on
an element of minor injury or illness subject to a limit compensation we will have to pay you will be limited.
accommodate the particular needs of the person(s)
of £1,000 on the amount the arbitrator can award The most we will have to pay you for that claim or
concerned, we will not confirm the booking or, if full
c
per person in respect of this element. that part of a claim if we are found liable to you
details are not given at the time of booking, cancel
The application for arbitration and Statement of Claim
on any basis is the most the carrier or hotel keeper
when we become aware of these details. For further
concerned would have to pay under the international
i
n
g
must be received by the IDRS within nine months of
assistance, please call our Customer Care team on
the date of return from the holiday. Outside this time
convention or regulation which applies to the travel
0844 557 3998.
limit arbitration under the Scheme may still be
arrangements or hotel stay in question (for example,
ok
available if we agree, but the ABTA Code does not
the Warsaw Convention as amended for international
Registered office: Company Secretariat, The
require such agreement.
travel by air and/or for airlines with an operating Office, Manor Royal, Crawley, West Sussex
B
o licence granted by an EU country, the EU Regulation
RH10 9NU. Registered company
For injury and illness claims, you may like to use the
on Air Carrier Liability for national and international
ABTA/Chartered Institute of Arbitrators Mediation
No: 1873815.
travel by air, the Athens convention for international
For our most up-to-date prices visit virginholidays.co.uk
CB_10_1_p292-294.indd 3 9/4/09 05:00:20
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