TERMS & CONDITIONS
YOUR HOLIDAY CONTRACT Your contract is with Intourist Ltd, a member of ABTA (No W3758). This contract is governed by
the laws of England and the courts of England and Wales will have jurisdiction to hear any dispute arising out of or in connection with it. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. When requesting confirmation of a booking you must sign a booking form on behalf of yourself and all those named on it to guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions, the information in this brochure and all other relevant information given to you by us. A contract will exist as soon as we issue our confirmation invoice to you or your travel agent; we will not accept any alteration to these conditions unless we confirm this to you in writing. When it is not possible to submit a booking form due to timescale or other issues this contract exists from the moment payment is taken over the telephone by credit card (additional charge applies) or debit card.
YOUR FINANCIAL PROTECTION We are a member of ABTA, holding ATOL 5526 (issued by the Civil Aviation Authority) which provide
for your protection in the event of our insolvency. PAYMENT
If you book your holiday more than eight weeks prior to departure, a deposit is payable. This can vary in value dependent on the services booked and will be specified by your travel agent at the time of booking. You must then pay the balance of the holiday price and any other visa charges no later than eight weeks (56 days) prior to departure. If you do not make the payment at this time, we reserve the right to cancel the holiday and retain your deposit. If you make your booking eight weeks or less before the holiday departure, you must pay the whole holiday price and any relevant visa charges at the time of booking. Certain bookings incur stricter conditions and these should be verified at the time of booking. Any money which you pay to your travel agent in respect of a booking with us, and which is held by that agent, is held on our behalf until it is paid to us by that agent.
CHANGES BY YOU
If, after the confirmation invoice has been issued, you wish to change any of your travel arrangements, we will try to make these changes, but do not have to consent to your request and it may not always be possible to do so. Any request must be made in writing from the person who made the booking or your travel agent. We will charge an administration fee of £20 per person in addition to any extra costs incurred as a result of the alteration.
CHANGES OR CANCELLATION BY US Unfortunately, we must reserve the right to make changes to your travel arrangements at any time.
Changes may be minor or major and we will notify you or your travel agent as soon as is reasonably possible if there is time before your departure. A major change is a change of UK departure airport (not including a change of London airports), a change of resort, a change of departure time by more than 12 hours, or a change to a lower category of accommodation. All other changes are minor. In the event of a major change, you will have the choice of accepting the change of arrangements; accepting an offer of alternative travel arrangements if available (if the latter costs less we will refund the difference, and if it costs more you must pay us the difference); or cancelling your booked holiday and receiving a full refund of all monies paid. In all appropriate cases, except where the major changes arise from reasons of Force Majeure, we will pay compensation as detailed on this page. We also reserve the right in any circumstances to cancel your travel arrangements more than one month prior to departure, including in cases of low bookings (i.e. where the minimum number of persons required to operate a holiday is not met). We also reserve the right to cancel your holiday less than one month prior to departure for reasons of Force Majeure or failure by you to pay the final balance. In this case, we will inform you as soon as possible and offer you the choice of a full refund or an alternative holiday (if available). Our cancellation policy for certain tours such as cruises differs: please ask us for details. Force Majeure is unusual or unforeseeable circumstances beyond our control. For example (but not exhaustive), war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire or adverse weather conditions.
LIABILITY OF SUPPLIERS
Airlines, railways, coach and shipping companies have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider, and they are also often subject to various international conventions. Where relevant, copies of such conventions may be available for inspection at our office, or at offices of the relevant transport provider.
Period before departure within which notice of cancellation or major change is received by us or notified to you
56 days or more 55 to 29 days 28 to 15 days 14 to 7 days Less than 7 days
IF WE MAKE A MAJOR CHANGE (NOT INCLUDING FORCE MAJEURE) Amount of
compensation you will receive from us (per person)
£10 £20 £30 £40
IF YOU CANCEL YOUR HOLIDAY
Amount of cancellation charge
ii) 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 limits 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 these international conventions from our offices.
iii) If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.
PRICES AND RATES OF EXCHANGE Prices in this brochure were calculated using the exchange rate quoted in the “Financial Times
Guide to World Currencies” on 16th August 2011 in relation to the following currencies: £1= 1.640 USD, £1=1.135 EUR. We will not impose any surcharges on the price of your holiday within 30 days of departure. However, before that time, the price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator and organiser. Also Government action such as changes in VAT or any other Government imposed charges and currency changes in relation to an exchange rate variation. In case of any relevant variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges will be absorbed or retained. Only amounts in excess of this 2% will be charged to you. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges paid to us. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on the surcharge invoice. Whether you cancel or not, you will also be entitled on the terms set out in respect of major changes in the Cancellation By You paragraph on this page to accept an offer of alternative travel arrangements from us if we are able to do so, and compensation as set out above. Please note that travel arrangements are not always purchased in local currency, and some apparent changes have no impact on the prices of your travel due to contracts and other protection in place. IntouristUK does not act as a tourist board and therefore you may find that our prices in minor cases differ from that being advertised by other tour operators, railway companies and hotels and you agree to our quoted costs at the time of booking. If the services are available elsewhere at a cheaper rate, IntouristUK will not refund the clients the difference.
PASSPORTS & VISAS Passport and visa requirements current at the time of going to press are set out in the ‘Travel
Information’ section of our brochure (Page 33), but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen destination(s). If you do not obtain a passport or visa, you will be liable to pay the cancellation charges set out in the cancellation charges table on this page. Furthermore, we will not accept any responsibility or refund any money in cases where you are unable to travel because of an invalid or mislaid visa or passport. We must emphasise that it is the client’s responsibility to check all documents prior to travel to allow mistakes to be rectified. Issuing of visas is at the discretion of the Consulate, and IntouristUK cannot be held responsible if clients are refused visas. Having a visa does not guarantee entry into the country. It is still at the discretion of the border staff whether tourists are admitted into countries or not.
INSURANCE You are required to either take out the holiday insurance recommended by us on our website or to
arrange a policy yourself which provides the same or greater cover in all areas.
SPECIFIC REQUESTS You must notify us of any specific requests at the time of booking. We will inform the relevant supplier but regret that we cannot guarantee that these requests will be met.
FLIGHT DELAYS There is no guarantee that transportation will depart at the time specified, and we do not have any
liability to you for any delay which may arise. Where such delay does arise, the relevant transport provider may supply refreshments and take any further appropriate action, but we will not have any responsibility to do so. Ensure that your insurance policy offers sufficient flight delay protection.
Deposit Only 30% of holiday 50% of holiday 75% of holiday 100% of holiday
CANCELLATION BY YOU You or any member of your party may cancel your travel arrangements at any time. Written
notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown above. Visa charges and full IATA flights fares (apart from certain Government departure taxes) cannot be refunded under any circumstances. Due to the terms and conditions of our cruise suppliers, any cancellation received within 8 weeks prior to departure will incur a 100% cancellation fee. For tailor made travel, no flight tickets can be refunded unless advised otherwise at the time of booking. Please ask your consultant.
TRANSFER OF BOOKING In the majority of cases, it is not possible to transfer your booking to another person. Most suppliers
regard the transfer of a booking as a cancellation, so considerable charges may apply. However we will endeavor to meet your requirements wherever possible – please contact your travel consultant. For tailor made travel, no flight tickets can be refunded unless advised otherwise at the time of booking. Please ask your consultant.
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; 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 have been foreseen or forestalled. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of our travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to: i) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
IntouristUK will always endeavour to find you the cheapest air fare. Sometimes this means that IATA fares will be issued where payment is required straight away and no refunds or changes are allowed. If in doubt as to which fare is being booked, please check with the travel consultant at the time of reservation. In some cases where bookings are made for inclusive tour products near to the date of departure or for particularly busy travel periods, a flight surcharge may apply to the tour price in our brochure or on our website. You will be advised of this by your travel consultant at the time of booking.
TERMINATION OF YOUR HOLIDAY We reserve the right to terminate your holiday if your behaviour is likely in our opinion, or that of
our employees or suppliers to cause distress, damage, annoyance or danger to our employees or any third party or their property. If you are prevented from travelling on an aeroplane, train, coach or ship we have no further responsibility for your journey or your holiday, including any onward travel. We will impose full cancellation charges and will not give any refunds. We will be under no obligation to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.
COMPLAINTS AND ARBITRATION In the unlikely event that you have a complaint concerning any service while you are on holiday,
you must report this immediately to our local representative or agent and the relevant supplier. You must also obtain written evidence of the complaint while you are away and, if the matter cannot be resolved at the time and you wish to pursue it with us on your return, send full written details to us within 28 days of your return, clearly stating your booking number and all relevant holiday details. If you do not take these steps, you will deny us the opportunity of either resolving the problem on the spot or investigating it fully, and any entitlement you may to have compensation may be extinguished. Disputes arising out of or in connection with this contract which cannot be amicably settled may be referred to arbitration under a special scheme arranged by the Association of British Travel Agents and administered independently by 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 (www.abta.com
). The scheme does not apply for claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Where a claim includes in part a claim for personal injury or illness, a limit of £1,000 per person applies to this part of the claim. The Scheme does not apply to claims that are solely in respect of physical injury or illness.
If you have an emergency regarding any aspect of your holiday whilst abroad, please contact +44 7793 050511 and we will do our utmost to assist you.
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