c)Wewill not be responsible for any injury, illness,death, loss (including loss of enjoyment or possessions),damage,expense,cost or other sumor claimof any descriptionwhatsoeverwhich results fromany of the following: -


• the act(s) and/or omission(s) of the person(s) affected or anymember(s) of their party;or


• the act(s) and/or omission(s) of a third party not connectedwith the provision of your package andwhichwere unforeseeable or unavoidable;or


• any eventwhichwe or the service provider in question could not,evenwith all due care, foresee or avoid.Such eventsmay include (whether actual or threatened)war, riot,civil strife, terrorist activity, industrial dispute,natural or nuclear disaster,adverseweather conditions, fire and all similar events outside our control.


d) We cannot accept responsibility for any serviceswhich do not formpart of your package.This includes, for example,any additional services or facilitieswhich any service provider agrees to provide for youwhere the services or facilities are not advertised in our brochure/on ourwebsite andwe have not agreed to arrange themand any excursion or activities you book during your holiday. In addition, regardless of anywording used by us on ourwebsite, in any of our brochures or elsewhere,we only promise to use reasonable skill and care as set out above andwe do not have any greater or different liability to you.


e) The promiseswemake to you about the serviceswe have agreed to provide or arrange as part of your package,and the laws and regulations of the country inwhich your claimor complaint occurred,will be used as the basis for decidingwhether the services in question had been properly provided. If the particular serviceswhich gave rise to the claimor complaint complied with local laws and regulations applicable to those services at the time, the serviceswill be treated as having been properly provided.Thiswill be the case even if the services did not complywith the laws and regulations of the UKwhichwould have applied had those services been provided in the UK.The exception to this iswhere the claimor complaint concerns the absence of a safety featurewhichmight lead a reasonable holidaymaker to refuse to take the holiday in question. Please note,however,our obligation is to exercise reasonable skill and care as referred to in clause 6b).We do notmake any representation or commitment that all serviceswill complywith applicable local laws and regulations and failure to comply does not automaticallymeanwe have not exercised reasonable skill and care.


f ) Wherewe are found liable for loss of and/or damage to any luggage or personal possessions (includingmoney), themaximumamountwewill have to pay you is £1000 per person affected unless a lower limitation applies to your claimunder this clause or clause 4d).For all other claims which do not involve death or personal injury, ifwe are found liable to you on any basis, the maximumamountwewill have to pay you is twice the price of the package (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claimunder clause 4d).Thismaximumamountwill only be payablewhere everything has gonewrong and you have not received any benefit at all fromyour package.


g) A surchargemay be levied if,after booking, transportation costs or dues, taxes or fees payable for services such as landing taxes increase or our costs otherwise increase as a result of adverse currency fluctuations.However,wewill absorb any such costs increase up to a total amount equivalent to 2%of the total cost of your package (excluding any amendment charges or insurance premiums) before levying any surcharge.No surchargewill be levied later than 30 days before the start date of your package. If any surcharge amounts tomore than 10%of your package price, youmay cancel your package booking and purchase alternative arrangements fromus (paying or receiving a refund in respect of any price difference) or receive a full refund of allmoney paid provided the cancellation ismadewithin 14 days fromthe issue date printed on the surcharge invoice. If you do not tell us that youwish to do sowithin this period of time,we are entitled to assume that youwill pay the surcharge.Any surchargemust be paidwith the balance of the cost of the package orwithin 14 days of the issue date printed on the surcharge invoice, whichever is the later.


Exchange rates used in calculation of surcharges are based on those published on 16 June 2011. Euro 1.14 £1


YOUR COMMITMENT


7.Booking When booking, you accept these conditionswhether or not you have signed a booking form.


8.Deposit On booking youmust pay a deposit of £75 per person (based on the full capacity of the property) or 30%of the total property rental,whichever is the greater,unless bookingwithin 10weeks of the rental start date inwhich case youmust pay the full cost of the property rental at the time of booking.You must in addition pay the applicable deposit for any other services booked unless you book them within 10weeks, inwhich case full paymentmust bemade at the time of booking. If you ask us to book a flightwith a lowcost carrier for you, full payment for that flightmust bemade at the time of booking.


9.The balance Balance due date(s) are shown on your Holiday Confirmation.No reminderswill be sent.Youmust pay the final balance of all services booked not later than 10weeks before the start date of the services. If you fail to pay, youwill be in breach of your contract and the service providers concerned (or Vintage Travel in respect of any flight bookingmadewith us as ATOL holder) can cancel your booking.Youwill remain liable for the full amount of the property rental unless the relevant rental period can be resold or the owner otherwise agrees. In the event of resale, youwill receive an appropriate refund taking account of themonies received on any such resale and our reasonable administrative costs. In any event youwill forfeit your deposit.For other services, the service provider’s applicable cancellation chargeswill apply.


10.Cancellation or alteration by you Your cancellation or alteration requestmust bemade inwriting andwill only be effectivewhen received by us. If you cancel your property booking, youwill remain liable in exactly the samemanner as if youwere to fail to pay the balance as set out above. It is imperative that you take out appropriate insurance cover to protect you against this liability.For other services, the service provider’s applicable cancellation chargeswill apply.100%cancellation charges fromthe time of booking apply to flights with lowcost carriers.Any alteration request is subject to availability, the service provider’s applicable charges and our reasonable administration costs.


11.Problems during your holiday If there are any problemswith any services during your holiday then youmust followthis procedure:


a) Tell our local representative or agent and the property owner/manager or other service provider as soon as possible and ensure that our representative/agent has awritten note of the problem.


b) If you cannot contact our local representative/agentwithin a reasonable time,or if the response of that person or the relevant service provider is not satisfactory, then telephone our UK office and wewill endeavour to assist in our position as agent.


c) Allowsufficient time for the representative/agent and service provider to dealwith the problem and bear inmind that this can take longer in some foreign countries.


Unfortunately some problems such as those arising fromthe climate (water shortage, stormdamage etc) are beyond the control of service providers /ourselves.Whilstwe cannot be liable for these problems,wewill do our best to help.


The requirements of the above procedure have legal force. If you do not followthe above procedure thenwe / the service providerswill rely on that failurewhere any subsequent complaint ismade or claimbrought against us and/or any service provider.Wherever possible notify complaints or claims to uswithin 28 days of your return fromholiday.An investigationwhilst the facts are freshmay help us to achieve an early resolution.


12. Conduct and behaviour It is your responsibility to take good care of the property and its grounds and avoid causing nuisance to others. If your conduct affects our relationswith any of our service providers,wewill hold you liable of any costs or losses resulting fromyour actions.Where any damage or loss is caused to the property during your stay, you agree to our taking payment on the owner’s behalf for such damage or loss directly fromyour credit or debit card up to a value of £600where the owner requests us to do so. This agreement to our debiting your card does limit your liability for damage or loss to this amount and owners reserve the right to claimthe full value of the damage or loss fromyou.Service providers reserve the right,at their discretion, to terminate your access to the property or other services immediately if, in their opinion, your actions cause or are likely to cause damage or danger or distress to any third party.Should this happen then no refundswill be payable for any unused part/s of the service/s booked through us.Furthermorewe and service providerswill not be liable for any additional costs incurred by you due to any such action.


13.Arbitration If there are any disputes between you and Vintage Travel relating to our obligations as set out in these booking conditions (as opposed to the obligations of any service provider)whichwe cannot resolve with you, youmay refer thematter to a court of laworwe can attempt to settle the dispute under the ABTA arbitration schemewhich though devised by arrangementwith ABTA, is administered quite independently.The scheme (details on request or fromthe ABTAwebsitewww.abta.com) provides for a simple and inexpensivemethod of arbitration on documents alonewith restricted liability on the customer in respect of costs.The scheme applies to claims for an amount of no greater than £5,000 per person or £25,000 per booking nor to claimswhich are solely ormainly in respect of physical injury or illness or the consequences of such injury or illness.


OTHER CONDITIONS


14.Airlines In accordancewith EU Directive (EC) No 2111/2005,we are required to bring to your attention the existence of a“Community list”which contains details of air carriers that are subject to an operating banwithin the European Union.The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm


In accordancewith EU Regulationswe are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) thatwill operate your flight(s) at the time of booking.Wherewe are only able to informyou of the likely carrier(s) at the time of booking,we shall informyou of the identity of the actual carrier(s) as soon aswe become aware of this.Any change to the operating carrier(s) after your booking has been confirmedwill be notified to you as soon as possible.Any change in the identity of the carrier, flight timings,and/or aircraft type (where advised)will not entitle you to cancel or change to other arrangementswithout paying the applicable charges except as set out below. If the carrierwithwhomyou have a confirmed reservation becomes subject to an operating ban as above as a result ofwhichwe/the carrier/other ATOL holderwithwhomyou have a contract are unable to offer you a suitable alternative, youwill receive a full refund of themoney you have paid us for the flight(s) concerned.


15.Travel Advice You should check up-to-date travel advice available fromthe Foreign and Commonwealth Office before booking/departure by visiting theirwebsitewww.fco.gov.uk/knowbeforeyougo


16.Data Protection In order to process your booking,we need to use the information you provide such as name,address and any special needs/dietary requirements etc.We take full responsibility for ensuring that proper securitymeasures are in place to protect your information.Wemust pass the information on to the relevant owner and other service provider(s).The informationmay also be provided to security or credit checking companies,public authorities such as customs/immigration if required by them,or as required by law.Additionally,where your holiday is outside the European Economic Area (EEA), controls on data protection in your destinationmay not be as strong as the legal requirements in this country.Wewill not however pass any information on to any personwho is not the owner/manager/ keyholder of your property or other service provider.This applies to any sensitive information that you give to us such as details of any disabilities,or dietary/religious requirements.


Ifwe cannot pass this information to the relevant persons (as above),whether in the EEA or not,we cannot accept your booking. Inmaking this booking, you consent to this information being passed on to the relevant persons.You are entitled to a copy of your information held by us. If youwould like to see this,please contact us.Wemaymake a small charge for providing this to you.Wewill hold your information,where collected by us,andmay use it to informyou of offers in the future or to send you our brochure or othermarketingmaterial. If you do notwish to receive information fromus in the future,please notify us.


For reservations call 01954 261 431 or book online at www.vintagetravel.co.uk 197


Booking conditions


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