BOOKING CONDITIONS
(b) If we change or cancel Type B bookings. We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in our brochure and other details both before and after bookings have been confirmed, and can cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed arrangements after the date the balance of the cost of your holiday is due where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of force majeure as defined in clause 8 below.
Most changes are minor. Occasionally, we have to make a ‘significant change’. ‘Significant changes’ include the following changes when made before departure;
a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, or a change of UK or overseas departure point to one which is more inconvenient for you. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangement charges or
(b) purchasing alternative arrangements from us, of a similar standard cost to that originally booked if available or
(c) cancelling or accepting the cancellation in which case you will receive a full and prompt refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel after the date on which the balance of the cost of your arrangements is due we will pay you a reasonable level of compensation appropriate to the level of inconvenience caused, 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 or 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 or where we are forced to cancel a holiday due to insufficient numbers (see clause 26). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel before the date on which the balance of your arrangements is due.
Very rarely, we may be forced by “Force Majeure” (see clause 8) to change or terminate your arrangements 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 you any compensation or meet any costs or expenses you incur as a result.
FORCE MAJEURE 8. Except where otherwise expressly stated in these booking conditions, 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 or you otherwise suffer any damage or loss (as more fully described in clause 9(b)(1) below) as a result of “Force Majeure”. In these 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,
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foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
OUR LIABILITY TO YOU 9. (a) Type A bookings only In respect of Type A bookings we act only as an agent for the transport operator or campsite owner concerned. Your contract for your transport or stay at the campsite is directly with the transport operator or campsite owner. We accept no liability in relation to the transport or campsite itself or for the acts or omissions of the transport operator or campsite owner concerned. In respect of the transport you book, the transport operator’s terms and conditions of carriage will apply to your contract (copy available on request direct from the suppliers). Please note the transport operator is entitled to limit its liability to you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Athens Convention for international travel by sea.) In respect of the campsite you book, the terms and conditions of the campsite owner will apply to your contract (copy available on request).
However, in the event that we are found liable on any basis whatsoever our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the transport operator or campsite owner concerned (as opposed to any service provided by the transport operator or campsite owner for whom we are not responsible ) is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment
(b) Type B bookings only (1) We promise to make sure that all parts of the arrangements we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your arrangements which we could not have predicted or avoided or
(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 8)
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your arrangements or suffer any problems because of a reason you did not tell us about when you booked your arrangements or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your transport operator or campsite owner or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort.
(2) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
(3) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which 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 your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the cost of the holiday (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 you have not received any benefit at all from your holiday.
(4) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any, sea, rail or road carrier or any stay on a campsite, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or campsite owner concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or campsite stay in question (for example, the Athens Convention for International Travel by Sea). Please note: Where a carrier or campsite owner would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport operator or campsite owner for the complaint or claim in question.
(5) This clause * is intended to set out our obligations to you as a tour operator/ organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992 and as amended. Please note, we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations.
*(6) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
CANCELLATION AND CHANGES BY YOU 10. If you wish to cancel your confirmed booking, you must notify us in writing as soon as possible. As we and our suppliers incur costs from the time we confirm your booking, the following charges will apply: If cancellation is received prior to or on Balance Due Date, your deposit will be retained. If cancellation is received after Balance Due Date, then your deposit will be retained, together with all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result. (See also page 174). Claims may be made on the Red Pennant Service (if purchased by you) if the reason for the cancellation is covered under Section 9 (see Red Pennant policy wording). Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Where they can be
Please call us on 01342 316 101 or visit
www.caravanclub.co.uk
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