Tel: 08712224939 Booking conditions
4.4 Please Note: Cancellation terms and charges will apply where you wish to cancel due to inclement weather conditions at your chosen destination. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
5. IF WE CHANGE OR CANCEL YOUR HOLIDAY 5.1 It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time.
5.2 Most changes will be minor and we will advise you or your travel agent of them at the earliest possible date. Please note that no compensation is payable in respect of minor changes. Please note that Airlines referred to in our brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard or higher within the same resort area, or a change of departure airport to one within the same region.
5.3 If we make a major change, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, subject to availability.
5.4 We also reserve the right to cancel your travel arrangements. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this section. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will endeavour not to cancel your travel arrangements, except for reasons of force majeure or failure by you to pay the final balance. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure.
Major changes may include the following:
We need to change your flight departure time by over 12 hours;
We have to change your accommodation to that of a lower rating/classification;
We have to change your holiday to a different country or different area of the same country;
Change of UK departure airport except changes between London airports i.e. Gatwick, Heathrow, Luton or Stansted.
5.5 You will have the choice of accepting the change of arrangements; or accepting an offer of alternative travel arrangements from us, if available; or cancelling your booked holiday and receiving a full refund of all monies paid. If the alternative arrangements selected are of a lower price than those originally confirmed, the difference will (if already paid) be refunded to you. If the alternative is more expensive you must pay the difference in price.
5.6 If you accept the alternative arrangements, the contract between us will be varied to incorporate the new arrangements.
5.7 In the event that you choose not to accept alternative arrangements and opt for a cancellation with a full refund, the refund will not include any handling/amendment fees or any other costs if you have previously changed your booking.
5.8 In the case of a major change as defined by this section, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below. Please note: we will only make one payment for each full-fare paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts.
NOTIFICATION PERIOD
84 day and over
Between 83 to 29 days Between 28 to 14 days
CANCELLATION CHARGE
Nil
£10.00 £20.00
13 and 1 day or notice in resort £30.00
5.9 Please note: A change of arrival airport or flight operating with a stopover at another airport does not constitute a major change.
5.10 No claim for additional expenses or other compensation will be considered. For example, if you decide to cancel your travel arrangements instead of accepting the alternative we have offered and you then book a more expensive holiday, we will not consider any claim for the difference in price you have paid.
5.11 IMPORTANT NOTE: Compensation payments do not apply to circumstances beyond our control (force majeure). We can cancel your holiday in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, technical problems with transport, go slow, airport closures, bad weather conditions, airline failure and similar events beyond our control.
6. YOUR RESPONSIBILITIES You accept responsibility for both you and your party in respect of the following:
(a) You must ensure that you and your party have valid passports and appropriate visas. Please refer to section 15.
(b) You should check if vaccinations are required for your chosen destination with your doctor.
(c) Airline regulations state that women who are 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certification stating that they are fit to travel. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
(d) You must be responsible for the behaviour of yourself and your party. (Please refer to section 9).
7. CHANGES AFTER THE START OF YOUR HOLIDAY 7.1 Very occasionally we may have to change your holiday arrangements after you arrive in the resort. If we do this, we will try to place you in accommodation of the same or higher standard in the same or similar resort.
7.2 We will pay you compensation according to the scale shown in section 5 only if the change constitutes a major change as specified.
7.3 You have no right to cancel your booking after you have left for your holiday if we offer you a suitable alternative, prior to departure.
8. OUR LIABILITY TO YOU 8.1 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.
8.2 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 in the event of 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.
8.3 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.
8.4 Our liability will also be limited in accordance with and/or an identical manner to:
a) The contracted terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) 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.
8.5 You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices (39 Station Street, Walsall, West Midlands, WS2 9JT, United Kingdom 0871 222 4939).
8.6 Please note that this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
EXCURSIONS 8.7 Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.
8.8 For any excursions or other tours that you book, your contract will be with the operator of the excursion or tour and not with us.
8.9 We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
PROMPT ASSISTANCE IN RESORT 8.10 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.
9. BEHAVIOUR 9.1 If you are prevented from utilising your aircraft seat and/or booked accommodation as a result of your behaviour, or you appear to be unfit for travel or likely to cause disturbances or discomfort to other persons whether due to alcohol consumption, misuse of drugs or general misbehaviour our responsibility for your, journey/accommodation ceases and you will be deemed to have cancelled your arrangements. Full cancellation charges will apply (if applicable) and any extra costs incurred in making alternative arrangements will be payable by you.
9.2 For the avoidance of doubt, we will have no further obligation to assist you with alternative arrangements.
9.3 Furthermore, our liability towards you will cease in the event that you or your party causes any damage, disturbance, discomfort for any reason, whilst staying in your resort. This may also lead to your eviction from the accommodation.
10. FLIGHT DELAYS 10.1 Unfortunately there are occasions when, for reasons beyond our control, your flight may be delayed. Although we cannot accept liability for any flight delays, we will do our best to liaise with the airline providing your flight in the event of a delay.
10.2 Please remember that it may be possible to make an insurance claim for any flight delays.
10.3 If you have not purchased our recommended insurance, it is your responsibility to ensure that you are fully protected against flight delays.
10.4 We cannot accept any liability for any payment you have to make, or for any time lost on your holiday, as a result of any delay unless we have given our permission beforehand .
10.5 Under EU law you have rights in some circumstances to a refund 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 is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. If your airline does not comply with these rules you should complain to the CAA’s Passenger Advice and Complaints Team (PACT) on 020 7453 6888 or visit
www.caa.co.uk
11. IF YOU HAVE A COMPLAINT 11.1 If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately, who will endeavour to put things right. Your complaint will be recorded by our representative in resort.
11.2 Before complaining please consider whether you have taken into account our ‘USEFUL INFORMATION section.
11.3 It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and ensure it is recorded 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. Please note that under article 15(9) - The Package Travel Regulations 1992, you have an obligation to make your complaint known in resort to our local representative.
11.4 If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Enable Holidays Limited, 39 Station Street, Walsall, West Midlands, WS2 9JT giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
11.5 It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to Arbitration under a special scheme which, is arranged by the Association of British Travel Agents (ABTA), but is administered independently. It provides for a simple and inexpensive method of arbitration with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater that £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 £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on
www.abta.com.
12. TICKET CONDITIONS 12.1 Your tickets will be issued and sent to you within 14 days of your departure. We are unable to issue tickets any sooner.
12.2 When you travel by air, sea or land, the conditions of carriage of that airline/boat/coach company apply, some of which limit or exclude liability for certain events. These conditions are the subject of international agreements between countries and will be made available for inspection at our offices; copies will be available on request.
12.3 We will not be responsible if you arrive late for the specified check in time or for the flight nor can we accept any responsibility for any loss by you for your holiday travel tickets, vouchers or coupons. If you lose your tickets, the airline may levy a charge to reissue them which is beyond our control.
12.4 If your ticket needs to be amended for any name changes you will be charged in accordance with section 3.
12.5 It is imperative and a strict condition of booking that you confirm your inbound flight details not more than 48 hours and not less than 12 hours prior to your previously notified flight time (*72 hours if the reconfirmation period falls over a public holiday). Your travel documentation will confirm where and how this can be done. We do not accept liability in the event that you fail to comply with this condition and, due to flight change, miss your return flight.
12.6 The times quoted on your documentation are local times.
12.7 It is important that passengers check-in at least 2-3 hours before the flight departure time.
12.8 If your outbound journey is not utilised the inbound reservation is automatically cancelled.
13. YOUR ACCOMMODATION 13.1 The self-catering or hotel provided is only for the use of passengers shown on the confirmation invoice as confirmed by us.
13.2 Sub-letting, sharing or assigning the accommodation is prohibited, as are overnight guests.
13.3 You are responsible for damage caused to accommodation by you or a member of your party. Please refer to section 9 for further details.
13.4 The Company has no control over the behaviour of persons visiting or residing at your hotel/self-catering complex and it cannot accept responsibility for any acts and/or inconvenience caused to you as a result of their behaviour.
14. INSURANCE 14.1 It is a condition of booking that you take steps to adequately insure yourselves before travelling.
14.2 You must therefore either purchase our recommended travel insurance or alternatively arrange a policy yourself which is at least as good as that recommended.
14.3 Failure to purchase adequate travel insurance may result in our cancelling your holiday and levying appropriate cancellation charges.
14.4 If you plan to travel to another country outside your holiday destination you must ensure that you are adequately insured for travel to that country. Please check with your travel insurer for details.
14.5 We do not accept any liability in the event that you fail to purchase travel insurance and subsequently incur loss as a result of the failure to purchase insurance.
15. PASSPORT, VISA AND IMMIGRATION Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
16. BROCHURE AND WEBSITE ACCURACY 16.1 We will provide the facilities and services advertised in this brochure and on our website.
16.2 If our suppliers or ourselves withdraw those facilities or services or limit them for any reason, we will try to tell you and where appropriate pay you compensation, if applicable.
16.3 We cannot pay any compensation for events which are outside our, or our suppliers’, control.
16.4 Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and in your holiday resort generally. We cannot accept liability in those circumstances. There will be occasions, particularly at the beginning and end of the season, when accommodation management may decide to close a property down due to the low number of guests or bookings. In such circumstances we have no obligation other than to find you suitable alternative accommodation of the same standard in the same resort and section 5 will apply in relation to your entitlements.
16.5 Public Holidays and religious festivals also affect the availability of resort and hotel facilities. The relevant National Tourist Office can provide details of such events and further information regarding your chosen holiday resort.
16.6 If we know about building work or other noise likely to affect your holiday arrangements we aim to tell you before you leave.
16.7 The information in this brochure is checked and is known to be correct on the date the brochure went to print February 2012. However, as this is many months before you take your holiday and despite careful checks, errors or changes may occur after the date of publication. If we are made aware of such errors, we will of course endeavour to inform you of them at the time of booking.
16.8 To ensure you have up to date information please check with your travel agent, our in-house reservations team or our website at
www.enableholidays.com.
INFANTS
16.9 In accordance with Air Navigation Regulations an infant must be under 2 years of age on the date of their return flight.
16.10 The cost of a cot (where applicable) must be paid direct to the accommodation.
16.11Airlines charge a fee for the carriage of infants. This varies from airline to airline and will be advised to you prior to booking.
17. LOST PROPERTY
If you leave any personal property in the resort and would like us to assist you in retrieving it, a handling fee of £40 will be levied. This is not refundable if the item(s) is/are not found. For further assistance, please call Customer Services on 0871 222 4939.
18. ALL INCLUSIVE HOLIDAYS
All-inclusive normally includes all meals and some local drinks during designated times of the day. The choice of drinks available varies from property to property. Please refer to the individual property descriptions in our brochure or website for further details.
19. MOBILITY IMPAIRMENT 19.1 We have selected the holidays in this brochure as being likely to be suitable for people with mobility impairments, their families and friends. We have reviewed access to public areas as well as bedrooms and bathrooms.
19.2 We have our 150 point check list information available to you by phoning us on 0871 222 4939. Only you can decide which holiday accommodation in which resort will suit you and this may depend upon with whom you are travelling. We will discuss with you your needs at check-in, on boarding the aircraft and on the journey to your accommodation so that we can make the best arrangements possible, but it is your responsibility to determine from the information we provide that the chosen holiday is suitable for your party. Although we have inspected every property featured and have completed a detailed 150 point audit, it is impossible to check every guest room in the accommodation and therefore, we cannot guarantee that every room will be identical in all respects.
20. SPECIAL REQUESTS
If you have any special requests that do not form part of the holidays described in this brochure (for example dietary or room requirements) please let us know at the time of booking. These will be passed on to the relevant supplier but we cannot guarantee that these will be met.
21. SYSTEM ERRORS
In rare cases errors may occur when inputting prices into our reservations system or website. We regret that any contract entered into on the basis of an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to either pay the correct price or cancel with a full refund.
22. IDENTITY OF OPERATING CARRIER
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by advising you of the carriers to be used or likely to be used at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
23. IMAGES AND CREATIVE LICENCE 23.1 During your holiday we may photograph, film or video (which includes all methods of capturing, storing and processing the resulting images whether in material or immaterial form) scenes which may include you and/or your party. This is particularly relevant if you have booked a wedding with us which includes photographs/video(s) of the occasion.
23.2 When making your booking you agree on behalf of all members of your party that any photograph(s) or video(s) taken or arranged to be taken by us may be utilised by Enable Holidays for our reproduction in any publication, presentation or sales communication (including email or any other electronic communication) or campaign without limitation and to the extent necessary you license us to utilise any such images in whole or in part for any and all such or related purposes.
23.3 We cannot be held responsible for any photographic inaccuracies, and advise that a wide number of photographs are of generic images from stock library sources. These have been included for design purposes only.
24. WHAT IS INCLUDED IN YOUR HOLIDAY PRICE All travel from UK departure airport to destination airport and return.
Airport charges including UK passenger charges, foreign airport taxes and UK airport/airline security charges (any additional increase in these charges will be notified at the time of booking).
Baggage allowance is 15 or 20kg and will notified to you at the time of booking.
Transfer from your arrival airport to your holiday accommodation and return by private taxi.*
Accommodation as specified on your final documents, including service charges.
The services of a representative or local agent, at all of our featured destinations.
Car hire where requested and prepaid prior to travel date.
* Transfers using adapted vehicles are available in many destinations - please ask for details and prices.
25. WHAT IS NOT INCLUDED IN YOUR HOLIDAY PRICE Transport between home and airport and return.
In-Flight meals may be subject to an optional charge specified at the time of booking unless otherwise advised. Some airlines may not permit pre-bookable in-flight meals which alternatively may be purchased on board the aircraft.
Holiday Insurance: You must ensure that you are adequately insured.
Breakage and/or damages caused by you or your party whilst in your accommodation.
Accommodation management may require a breakage/ damage deposit upon arrival. These are refundable at the end of your stay provided the accommodation is left in good condition.
Extra Services, drinks, laundry, visas, beach umbrellas/chairs, personal items, room service, air conditioning, fridges. Please note some of these facilities may be payable locally and deposits may be required by the accommodation management for the use of the facilities. Please refer to individual property descriptions for full details.
Sports/beach facilities and equipment. Cot and food for infant. Excursions.
26. USEFUL INFORMATION
The information in the ‘USEFUL INFORMATION” section, and other relevant details in our brochure and website which affect your chosen holiday, are incorporated into these conditions and must be read carefully and accepted by you before you enter into contract with us. Failure to take these matters into consideration before you book may lead to subsequent disappointment, for which we cannot accept responsibility.
27. THE 1998 DATA PROTECTION ACT AND YOU Information that you provide to us will be held on our computers (and in other ways) for use by us for the following purposes:
BOOKING INFORMATION
Information about you (and your travelling party) may be passed to holiday providers and others and may include things such as religious beliefs, dietary requirements, your (or your travelling party’s) physical or mental health. This information may also be transferred abroad.
STATISTICAL ANALYSIS/MARKET RESEARCH, FRAUD PREVENTION/DEBT COLLECTION
CONTACTING YOU To contact you via e-mail, letter or phone with details of Enable Holidays’, or selected suppliers’, products and services which may be of interest you. We may also monitor and/or record your telephone conversations with us for security purposes and to ensure consistent customer service levels (including staff training). By entering into a contract with us you agree to the use and disclosure of information by us as described. You are entitled to a copy of your information held by us and we may apply a fee for the permission of this information. If you would like to see this please contact our customer services who will be able to assist you.
Updates to these terms and conditions will be featured on
www.enableholidays.com. Please check our website for our latest terms and conditions.
Tel: 08712224939
74
www.enableholidays.com
www.enableholidays.com
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