20. REFUNDS Unused or partly used air tickets are to be returned to Emerald Global Ltd. We will return the tickets to the airline for authorisation and calculation of refund due. Any refund received back from the airline is then subject to loss of deposit and Airlines cancellation charges and Emerald administrative charge of £50 per person, unless advised differently at the time of booking. Please note that airline refunds for part-used tickets and the return half of tickets are always less than the pro rata rates and in some cases may have no value at all. Refunds can take up to 6 months in total. Some airlines may require proof of departure from the destination country or a residency certificate, before refunding part used tickets. Please ensure that when returning tickets for refund that registered post is used. 21. EXCHANGE RATES Prices are calculated on the date shown in the relevant websites/ brochures and are based on the published rate of exchange of that date. Emerald Global reserves the right to make amendments to the prices, subject to the rate of exchange in force at the time of final payment. 22. COST OF YOUR HOLIDAY Prices of your arrangements are correct at the time of booking. However, the price of your holiday may be subject to surcharges on government action, aircraft fuel, over flying charges, airport charges and the like. 23. COST OF AIRFARE AND OTHER ARRANGEMENTS Please note that airfares and conditions are constantly changing, usually with little or no notice. Airlines are at liberty to change prices at any time up to the date of travel. However in practice airlines usually honour prices where tickets have already been issued. Full payment at time of booking or as soon as possible afterwards will significantly reduce the risk of an airline increase. We reserve the right to pass on any increases to airfares that are imposed before tickets are issued. 24. OUR LIABILITY TO YOU (i) “Packages” If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation, if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and 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 we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices at 15/16 New Burlington Street, London, W1S 3BJ, Tel: 020 7312 1700 Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 9. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 “Sporting Events” Your package or other travel arrangement may include a sports event. Events can be cancelled or cut short without notice. This is a rare occurrence. Every effort is made to obtain and pass on to you up-to- date information regarding each event. This information is based on details supplied to us and we cannot guarantee its accuracy nor that your itinerary will remain unchanged. The cancellation of a race, the non- appearance of a sports person, or other changes is entirely outside our control. We are therefore, unable to accept any responsibility by way of refund, compensation, or otherwise for changes in the programme, even if this involves the cancellation of an event. If, however, we obtain a refund from the Event Organiser, this will be passed on to you.
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(ii) Other travel arrangements We act as agent and responsibility for your booking lies with the principal. 25. PROBLEMS WHILE YOU ARE AWAY If you have a problem during your holiday, please immediately contact your hotel, tour operator or other service provider involved. If this is not possible or satisfactory, please contact Emerald Global Ltd. We aim to answer as soon as possible but please remember time zone differences. Please ensure that you are fully aware of all visa & health requirements for your trip. Emerald Global Ltd does not accept any responsibility for any problem associated with the non-compliance by any person who fails to have the correct documentation for their trip. 26. COMPLAINTS If you have a problem during your holiday, please inform the relevant suppliers (e.g your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Emerald Global Ltd, quoting your booking reference and all other relevant information and documentation. Please keep your letter concise and to the point. Correspondence will be automatically acknowledged and dealt with under the guidelines set by ABTA for responding to such complaints. Please bear in mind our need to investigate matters raised with suppliers or agents involved. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. 27. PROMPT ASSISTANCE IN RESORT If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and 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 we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. 28. ARBITRATION Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by ABTA, and administered independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from
www.abta.com
Prices in this brochure are subject to change and are correct as of 23/09/09
All images within the brochure are courtesy of Abu Dhabi Tourism.
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