BOOKING CONDITIONS
The following is simply a summary of our booking conditions. Our full set of booking conditions (in this summary referred to as “Full Booking Conditions”) are available to view on our website at
www.neilson.co.uk or a hard copy can be obtained by writing to us at Neilson Holidays, Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA. For the avoidance of doubt any holiday that you book with us will be subject to our Full Booking Conditions and where there is any conflict between this summary and the Full Booking Conditions, the provisions of the Full Booking Conditions will apply. We reserve the right to amend the Full Booking Conditions at any time prior to accepting your booking and your booking will be subject to the Full Booking Conditions appearing on our website at
www.neilson.co.uk as at the date when we accept your booking. For convenience, this summary uses the same clause numbers and headings as appear in the Full Booking Conditions as at 1 August 2016. You contract will be with Neilson Active Holidays Limited (Co No 02987304) whose registered office is at Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA (in this summary referred to as ‘we’, ‘us’ and ‘our’). Most of the holidays that we generally sell are regarded as “packages” for the purposes of the Package Travel, Package Holidays and Package Tours Regulations 1992 (“PTRs”). Any holiday that we sell that includes flights, will be covered by the financial bonding requirements of the Civil Aviation Authority, further details of which are set out in Section B under “Your financial protection”. In certain circumstances we may agree to provide accommodation only on the basis that you will be separately responsible for arranging your own flights or other transportation. In such circumstances you may not be purchasing a “package” for the purposes of the PTRs and so such regulations may not apply to your booking. In addition Section B “Your financial protection” below will not apply to your booking. Where we provide accommodation only together with other tourist services accounting for a significant proportion of a “package” sold at an all inclusive price, such that the PTRs will apply to your booking, we will advise you of the same at the time of booking and the financial protection that you will have under the PTRs.
Section A: Bookings and Payment A.1: Formation of Contract A contract will only come into existence between you and us when we issue a confirmation invoice/receipt/e-mail and the relevant ATOL Certificate. Please check any confirmation invoice/receipt/e-mail and ATOL Certificate together with all other documents you are sent as soon as you receive them. Contact us or your travel agent immediately if any information which appears on any documentation appears to be incorrect or incomplete, as it may not be possible to make changes later. A.2: Payment terms When you book your holiday you will be advised, at the time of booking, what payment is required and you agree to pay us: A.2.1 a deposit at the time of booking followed by the remaining balance when due. You will be advised of the current deposit payable at the time of booking. The remaining balance for the holiday is due by the date specified on your confirmation invoice and this will usually be 12 weeks before your travel date, depending on the type of holiday booked;
A.2.2
the full cost of the holiday if it is 12 weeks or less before you depart (or such other period as may be advised at the time of booking);
A.2.3 such other deposit or security payments as may be required by the supplier of the services for the arrangements in question and which are required at the time of booking;
If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
200
A.3: Method of payment Credit Cards: We accept Barclaycard/Visa, Access/MasterCard. Customers choosing to use this method of payment will be subject to a credit card handling fee of which will be advised at the time of booking. Debit Cards: We accept payment by most forms of debit card. We will not charge a handling fee for payment by this method. A.4: Price Guarantee Policy Once our confirmation invoice/receipt/e-mail and any relevant ATOL Certificate is issued the price of your holiday (save in the case of manifest error) is fully guaranteed and will not be subject to any surcharges. In addition, if the exact same package (departure date, flights, duration, rooms, passengers) is advertised at a lower price on our website within 48hrs of booking your package, we will (subject to certain exceptions detailed in our Full Booking Conditions) adjust the price of your booking to match that lower price. In order to take advantage of this guarantee and adjust your booking accordingly you must send us an e-mail to
admin@neilson.com within 96 hours of making your booking.
Section B: Your Financial Protection The financial bonding requirements of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our packages that include a flight. Our ATOL number is 10794. The flight inclusive package holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL granted by the CAA. When you buy a flight inclusive package holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). Where you book with us via an agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Section C: Changes and Cancellation C.1: Significant Changes made by Us before Travel From time to time we may have to change details of the holiday you have booked. If any change will have a significant effect on your holiday, we will tell you about it before you travel, if there is time.
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