2.2 When you buy an ATOL protected flight or flight inclusive 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 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 will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). 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.
2.3 If you book an air package holiday with Us under Clause 1.3, then we will provide you with financial protection in accordance with this Clause 2.3. The Package Travel, Package Holidays and Package Tours Regulations 1992 (“Package Travel Regulations”) require Us to provide security for the monies that you pay for the package holidays offered by Us directly as your tour operator and booked by you, and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 9895) administered by the Civil Aviation Authority and a bond held by ABTA.
The price of our air holiday packages includes the amount payable per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in the prices for your air package holiday confirmed to you at your time of booking and will be shown separately on your confirmation invoice.
2.4 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 listing carriers to be used or likely to be used and details of these will be supplied to you at the time of booking. You will be advised of the specific airline operating your flight and aircraft type with your flight ticket confirmation and flight schedules. Any changes to the actual airline after you have received your ticket confirmation will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. A change of airline, aircraft type or alteration of your outward/return flights by less than 12 hours is deemed to be a minor change.
2.5 If you book arrangements other than an air holiday package with us under Clause 2.1, the financial protection referred to above in Clause 2.3 does not apply. Any financial protection given in connection with your booking otherwise than in accordance with Clause 2.3 will be detailed in the relevant Supplier Terms.
3. ABTA
As mentioned above, we are a Member of ABTA. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with 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 the holiday. 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
abta.com.
4. Your Holiday Price
4.1 We reserve the right to alter the prices of any of the holidays quoted by Us. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
4.2 When you make your booking with us for an air holiday package under Clause 1.3, you must pay a deposit in accordance with Clause 1.1. Full details to be advised at the time of booking. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date, or earlier if required by our suppliers and notified to you at the time of booking. If the deposit and/or balance are not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
When we are acting as agents for other principal(s) or supplier(s) if full payment is not received by the balance due date we will notify the principal(s) or supplier(s) who may cancel your booking and charge cancellation fees as per the Supplier Terms.
4.3 The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
We regret that no credit or refund is possible for any unused services provided in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and we are not responsible for any extras or difficulties that may arise with onward travel and as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your insurance.
The provisions of this Clause 4.3 do not apply when we are acting as agents for other supplier(s) or principal(s) and any terms relating to price changes in such circumstances will be set out in the relevant Supplier Terms.
When we are acting as agents for other supplier(s) or principal(s) then we shall be entitled to charge the fees set out in our Menu of Travel Services. We shall notify of your total costs at the time of booking. Please ask for further details.
5. If You Change Your Booking
5.1 If, after our confirmation invoice has been issued to you for an air package holiday provided by Us, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £25, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact Us as soon as possible.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5.2 The provisions of Clause 5.1 above do not apply when we are acting as agents for other supplier(s) or principal(s) and any terms relating to changes to a customers booking in such circumstances will be set out in the relevant Supplier Terms.
6. If You Cancel Your Holiday
6.1 You, or any member of your party, may cancel your travel arrangements with Us for an air package holiday at any time by serving written notification from the person who made the booking or your travel agent on your behalf that 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 in clause 1.2 above.
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