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Your
holiday contract
WE, Better Travel is at 44 George Street, Manchester M1 4HF.
When you make a booking you guarantee that you have the authority to
accept, and do accept on behalf of your party, the terms of these
booking conditions. A binding, legal contract will exist as soon as we
issue our confirmation invoice. If you had not seen these terms and
conditions when you made your booking and you are not happy to proceed
now that you have, you must return all documentation to us within 7 days
of receiving them in order to obtain a refund. This does not apply if
you made your booking within 10 weeks of travel. This contract is made
on the terms of these booking conditions, which are governed by English
Law, and the jurisdiction of the English Courts. You may however, choose
the law and jurisdiction of Scotland or Northern Ireland if you wish to
do so. When we act only as a booking agent for certain tours, your
contract will be with the relevant suppliers and their terms and
conditions will apply. Copies of their booking conditions will be sent
you for study before we accept your booking.
Your financial protection
The Package Travel, Package Holidays and Package Tours
Regulations 1992 require us to provide security for the monies that you
pay for the package holidays booked from this brochure and for your
repatriation in the event of our insolvency. We provide this security by
way of a bond held by the Civil Aviation Autority under ATOL number 6803
for flights and holidays including flights.
How to book
First, please complete the online tour-booking form or you may
want check availability with our Reservations Department. You must then
complete the booking form, confirming on behalf of all members of your
party, that you understand and accept the terms of these booking
conditions. When you make your booking, you must pay a deposit, as
detailed on the booking form, plus any insurance premium (see below).
If you are making a reservation within 8 weeks of departure we will
require the full payment of the holiday cost, plus any insurance
premium, at the time of booking.
NB: When we act as a booking agent for certain tours, the deposit amount
and payment terms may vary.
Balance
of payment
Balance of payment is due 8 weeks
before departure. Please note that the balance due date will appear on
your invoice and NO REMINDER for settlement of this will be sent.
Receipts for payment of balance are only issued upon request.
Failure to comply with the payment schedule may result not only in
automatic cancellation of your reservation but will also render you
liable to forfeiture of deposit and any insurance premium paid.
Payment
method
Please consult our booking form
for details.
Please do not send cash to process your visa application or for
deposits.
Insurance
All participants on our tours must have adequate travel
insurance. If you choose to take out the cover featured in our brochure,
payment should be sent with your deposit. If you choose to take out
alternative insurance you will be required to sign the indemnity section
and give us full details of your insurance company, policy number and
emergency contact number. We will not accept your booking without this
information. If we cancel your tour we will refund your insurance
premium so long as no claim has been made. If you cancel your tour,
insurance premiums will not be refunded.
Price policy
The price of your travel arrangements was
calculated using the public exchange rate resournce. Tours are planned
up to one and a half years in advance. It is inevitable that some prices
and information in this brochure may change, and we reserve the right to
alter the prices and content of any of the holidays as necessary. Once
the price of your chosen holiday, including any increases or reductions,
has been confirmed to you at the time of booking, we will only increase
or decrease it by way of a surcharge or refund if our costs increase or
decrease because of changes in a) transportation costs including fuel,
scheduled airfares and any other transport surcharges which form part of
our contract with the transport provider; b) dues, taxes or fees
chargeable for service such as landing taxes or embarkation or
disembarkation fees at ports and airports; c) exchange rates. Even in
these cases, only if the amount of the increase in our costs exceeds 2%
of the total costs of your holiday (excluding insurance premiums and any
amendment charges), we will levy a surcharge. If any surcharge exceeds
10% of the holiday price (excluding insurance premiums and any amendment
charges), you will be entitled to cancel your booking and receive a full
refund of all monies paid (except for any amendment charges but
including insurance premiums). 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 your surcharge invoice. Alternatively you may
transfer your booking to another holiday without paying an amendment
fee. We guarantee that no surcharges will be passed on within 30 days of
the departure date. Should the price of your holiday go down due to the
changes mentioned above, by more than 2% of your holiday costs
(excluding insurance premiums and any amendment charges), we will pay
you the full amount of the decrease in our costs. However, please note
that travel arrangements are not always purchased in local currency and
some apparent changes have no impact on the price of your travel due to
contractual and other protection in place.
NB: Where we act only as an agent for your booking, we reserve our right
to pass on to you in full all additional costs and charges of whatever
nature levied by the supplier concerned in accordance with its own terms
and conditions.
If you
change your booking
If, after our confirmation invoice has been issued, you wish to
change your travel arrangements in any way, we will endeavour to make
these changes but it may not always be possible. Any request for changes
must be made in writing from the person who made the booking. You will
be asked to pay an administrative charge of £30 per person plus any
further costs incurred in making this alteration e.g. cancellation
charge applicable to the original arrangements and additional costs for
the new arrangements. You should be aware that these costs are likely to
increase the closer to the departure date that changes are made and you
should contact us as soon as possible.
NB: Certain travel arrangements may not be changeable after a
reservation has been made and any alteration request could incur a
cancellation charge of up to 100% of those arrangements.
If you or another member of your party is prevented from traveling we
will endeavour to transfer the booking to another person at your
request, provided that reasonable notice is given and the transferee
meets all the conditions of the travel arrangements. The request to
transfer a booking must be made in writing, together with the
transferee¡¯s full details and any amendment charges incurred in making
the transfer which are levied by our suppliers.
If you
cancel your holiday
You, or any member of your party, may cancel your travel
arrangements at any time. Written notification must be given by the
person who signed the booking form. Since we incur costs in cancelling
your travel arrangements, you will have to pay appropriate cancellation
charges calculated according to the number of days prior to departure
that written notice of cancellation is received by us.
|
Days
before scheduled departure. |
Cancellation charge (amounts listed below or full deposit
whichever is the greater. |
|
More
than 56 days |
Full deposit |
|
36-56 days |
40% of the total tour cost |
|
15-35 days |
60% of the total tour cost |
|
6-14 days |
80% of the total tour cost |
|
5 days or less |
100% of the tour cost |
NB: If the reason for your cancellation is covered
under the terms of your insurance policy, you may be able to reclaim
these charges
If we
change your holiday
Anyone traveling to the developing countries featured in our
tours should understand that tourism in these places is still a young
industry. The infrastructure, efficiency of transportation systems and
standard of facilities and service - such as tour guides¡¯ language
ability, skills and attitude - are not comparable to those in developed
countries. All tours are planned many months in advance and we reserve
our right to make any changes to the tour at any time. Changes can be
¡®major¡¯ or ¡®minor¡¯. Alterations such as change of airline or aircraft
type, alteration of your outward/return flights by less than 12 hours,
change of accommodation (including hotel and river vessel) to another of
the same standard, change of tour sequence/daily itineraries are
considered normal and minor for these tours. Time permitting, any
alterations that are known to us will be advised to you at the earliest
opportunity prior to departure. In accordance with EU Regulation
2111/2005 we are required to advise you of the airline featured on your
tour, and we do so in each tour itinerary.
If a major change becomes necessary
you will be offered the choice of;
a)
accepting the changes
b) taking another available tour from our brochure and paying or
receiving a refund for any price difference; or
c)
cancelling your holiday with a full refund of all monies paid.
If you choose to cancel your holiday you must inform
us in writing as soon as possible.
In any of the above cases, except where the major
change arises due to reasons of ¡®force majeure¡¯, we will also pay
compensation as follows:
|
Notification before
scheduled departure |
Compensation per person |
|
More than 56 days |
Nil |
|
36-56 days |
£20 |
|
15-35 days |
£30 |
|
6-14 days |
£40 |
|
5 days or less |
£50 |
Force
majeure
Compensation will not be payable if we are
forced to change or cancel your travel arrangements as a result of
¡®force majeure¡¯; e.g. unusual, unforeseen and unavoidable circumstances
which are beyond our control, even though all due care has been
exercised. Examples of such circumstances include war, riot, civil
strife, industrial dispute, terrorist activity and its consequences,
natural or nuclear disaster, fire, adverse weather conditions, pandemic
disease or other unforeseen circumstances.
If we cancel your holiday
(i) Tour prices, including all
optional excursion costs, are based on an economic number of people
traveling together. Should the required minimum number of participants
not be reached, we reserve the right to re-cost the tour price or to
cancel any tour up to 8 weeks before departure. Compensation is not
payable in these circumstances.
(ii) We
reserve our right to cancel your tour in any other circumstances.
However, except for reasons of force majeur or failure by you to pay the
final balance, we will not cancel your tour after the date when the
balance of payment becomes due. If we are forced to cancel your tour at
any time prior to departure as a result of ¡®force majeure¡¯ we will
inform you without delay. Should we cancel your tour for reasons other
than ¡®force majeure¡¯ you will also be entitled to compensation payable
according to the scale set out above.
In all cases we will offer you the choice of an alternative holiday, if
available, or a full refund of all monies paid.
If the balance is not paid on time we
shall cancel your travel arrangements and no refund or compensation will
be paid.
Complaints and arbitration
If you have a problem during your trip,
please inform your local guide or our specified local representative or
the supplier of the service (e.g. the hotelier) immediately who will
endeavour to put things right. If you fail to follow this simple
procedure we will have been deprived of the opportunity to investigate
and rectify your complaint and this may affect your rights under this
contract. If your complaint is not resolved locally you should write to
us within 28 days of your return, giving your booking reference number
and all relevant information. If you make a complaint we promise to deal
with it fairly and promptly within the terms of these conditions.
Our
liability to you
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; or 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.
Our liability, except in cases involving death, injury or illness, shall
be limited to a maximum of three times the cost of your 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
(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 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.
Copies of the transport companies' contractual terms,
or the international conventions are available on request.
Flight delay and loss of
luggage
Under EU law you have rights in some
circumstances to refunds 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. If your airline does not comply with these
rules you should complain to the Air Transport Users' Council on 020
7240 6061 or visit www.auc.org.uk . Reimbursement in such cases will not
automatically entitle you to a refund of your holiday cost from us. Your
right to a refund and/or compensation from us is set out in the terms of
these Booking Conditions. In the event of delay, the relevant airline
will make arrangements based on the time of day and duration of delay.
Where denied boarding and long flight delays (be it domestic or
international, outward, onward or homeward) result in lost holiday time,
no refunds are given by hotels for unused accommodation, as rooms are
held for delayed arrivals, not re-let. Your attention is drawn to the
Travel Insurance offered in this brochure detailing the levels of
compensation available in such cases. In the event that your luggage is
lost or damaged you should claim against your holiday insurance policy.
Our liability for lost and damaged luggage is restricted in accordance
with relevant international conventions.
Personal injury unconnected with your booked travel arrangements
If you or any member of your party should suffer death, illness or
injury whilst overseas arising out of an activity that does not form
part of the arrangements provided by 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.
Passport, Visa and
Immigration requirements
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. |