BOOKING CONDITIONS
The holidays in this brochure are sold by La Joie de Vivre on the following conditions:
The clients contract is with Carolyn Lodge Travel Ltd and is made under the Law of England and made at Carolyn Lodge Travel. Carolyn Lodge Travel is a fully bonded tour operator and all our holidays are ATOL protected. Our ATOL number is ATOL5254. The correspondence address for Carolyn Lodge Travel is Kent House, High Street, Cranleigh, Surrey, GU6 8AU. Our office hours are 9.30 - 5.30 weekdays and 9.30 to 2.00 on Saturday.
ABTA
Carolyn Lodge Travel Ltd is a Member of ABTA with membership number W4125. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street, London, W1T 3AH; Tel. 0207 637 2444 or go to www.abta.com.
RESERVATIONS
A deposit of 10% or at least £150 per person (whichever is the greater) of the booking value is payable at the time of reservation. From time to time our suppliers may impose abnormal cancellation conditions in which event we may require you to pay a larger deposit. In this event you will be advised as soon as possible and will have the option of paying a higher deposit immediately or cancelling the booking within seven days of being advised of the additional deposit without incurring cancellation charges. We will send you written confirmation of your booking which will confirm exactly what is booked and what we have agreed to provide. Please check this carefully as it forms the basis of our contract with you and advise your travel agent or us immediately if anything is wrong. A contract will exist between us from the date we issue the confirmation invoice. The person making the booking not only guarantees payment to us of the total holiday booked, but does so on behalf of and with the consent of all persons included in the booking and therefore is presumed to have informed them of these conditions and to have assumed their liabilities and responsibilities in terms thereof. If you had not seen the booking conditions when you made the booking (and you will be taken to have seen and accepted them if you have sent us a signed booking form) and you are not happy to proceed with the booking now that you have seen the conditions, please return all documentation to us or your travel agent within seven days of booking. Your booking will be cancelled and your money refunded in full. This ‘cooling off’ period does not apply if booking within 8 weeks of departure. If you book within 8 weeks of departure you must pay for your holiday in full and provide a signed booking form. The balance of the holiday cost must be paid no later than 8 weeks before departure and if the amount is not received by the due date we reserve the right to cancel the booking and levy cancellation charges as detailed in paragraph three. In the event that you book your holiday with a travel agent then any monies which you pay the agent (which must be as per the payment requirements in these Terms & Conditions) will be held by them at all times on our behalf. We require a signed booking form which confirms acceptance or our booking conditions when you make the reservation. However, if that is not received, then payment of the deposit for the holiday constitutes acceptance of such conditions.
PRICES & CAROLYN LODGE TRAVEL LTD PRICE GUARANTEE
The brochure holiday prices are based on the currency exchange rate as listed by the Financial Times on 29/10/11. The foreign currency rates equivalent to £1.00 which have been used are US Dollars 1.56, Euro 1.15. Any increases to the brochure prices will be advised at the time of booking. The holiday price shown on your confirmation invoice is guaranteed, and will not be subject to any changes or surcharges, unless the client elects to change the confirmed booking (see “Cancellation or Alteration” sections on this page). We do however, reserve the right to pass on the cost of any levy introduced by the UK government or any other regulatory body in 2011 or 2012, for increased financial protection against financial failure, should this apply to the validity of this brochure.
CANCELLATION BY THE CLIENT
Cancellation of a confirmed booking must be notified to Carolyn Lodge Travel Ltd in writing and will be effective from the day such written notification is received. Subject to when cancellation is received, the following scale of charges will be payable by the client:
|
over 60 days |
Loss of deposit |
|
45-60 days |
50% |
|
30-45 days |
75% |
|
14-30 days |
90% |
|
01-14 days |
100% |
|
Departure date and thereafter |
100% |
We strongly recommend clients take advantage of our travel insurance which includes cover against cancellation charges under certain circumstances.
ALTERATIONS BY THE CLIENT
Carolyn Lodge Travel Ltd will do its very best but cannot guarantee to comply with any request by the client for alteration to a confirmed booking prior to departure. Carolyn Lodge Travel Ltd will charge an administrative fee of £35 per person per alteration and will pass on any associated costs incurred before, during or after the holiday and passed on by our suppliers; alterations made by the client within six weeks of departure will be subject to a £50 per person per alteration fee. Any alterations are only possible if our suppliers permit them. It is essential that clients ensure that details of all names and initials provided on the booking form compare exactly with those on each passport.
Please note that airlines will usually refuse amendments to return reservations after departure except on payment of a fee, which varies from airline to airline, up to and including the full one-way published fare. Any additional costs resulting from an earlier or later return than the one scheduled will be the client’s responsibility.
CANCELLATION OR ALTERATION BY CAROLYN LODGE TRAVEL LTD
Every effort will be made to operate all holidays as advertised but Carolyn Lodge Travel Ltd reserves the right to modify or cancel any holiday arrangements at any time up to 8 weeks before departure. In the event Carolyn Lodge Travel Ltd are compelled to cancel or alter holiday arrangements due to reasons beyond their control every endeavour will be made to provide suitable alternative arrangements of the same standard or if the client prefers, Carolyn Lodge Travel Ltd will refund all monies paid. Carolyn Lodge Travel Ltd will make every effort not to materially modify or cancel the holiday within 8 weeks of departure, except in circumstances amounting to force majeure*. A material change is one which involves a change of UK airport (except between Gatwick and Heathrow), the destination, the booked accommodation to a lower rating, the departure time or length of holiday by more than 12 hours (except for curtailment or force majeure). A minor change is any other change. In the event of building work, extended hotel closure or similar circumstances which result in the accommodation reserved being unavailable, Carolyn Lodge Travel Ltd will take all reasonable steps to provide accommodation of a similar or higher standard at no extra cost, or if this is unavailable, a lower standard of hotel and a refund of the difference in price of the accommodation.
Compensation will be paid only for a material change as follows:
|
No. days prior |
Compensation |
|
42 days |
£10 |
|
29-41 days |
£20 |
|
15-28 days |
£40 |
|
0-14 days |
£50 |
FORCE MAJEURE
If because of war, threat of war, riots, civil commotion, strikes, disasters, terrorist activity, fire, adverse weather conditions, technical problems to transport, closure or congestion of airports and similar events beyond Carolyn Lodge Travel Ltd control, any holiday has to be modified or cancelled, Carolyn Lodge Travel Ltd will endeavour to offer alternative arrangements or if the client prefers make a full refund of all monies paid. Compensation will not be payable in circumstances amounting to force majeure.
LIABILITY
Carolyn Lodge Travel Ltd publishes this brochure on its own responsibility which does not commit any airlines mentioned herein or suppliers whose services are used during the course of the holiday. Carolyn Lodge Travel Ltd takes all reasonable steps to ensure that those who are involved in the planning and provision of the holiday maintain the highest standards. All information given in this brochure is correct at the time of going to print, but services or facilities may be changed during the validity of the brochure. Wherever possible, clients will be advised of changes prior to departure.
If the client considers any particular facility to be vital to their holiday, they must advise Carolyn Lodge Travel Ltd in writing of this no later than 4 weeks prior to departure. Carolyn Lodge Travel Ltd will endeavour to confirm that the facilities are still available subject to inclement weather or unforeseen eventualities. Carolyn Lodge Travel Ltd will accept liability for matters which arise as a direct result of the Company’s negligence and/or breach of its contractual duty to exercise care in making arrangements for its passengers, including any acts or omissions by its employees, agents or suppliers.
Where the services in question consist of carriage by air or by sea, Carolyn Lodge Travel Ltd shall be entitled to limit its obligations and liabilities in the manner provided by international conventions in respect of air or sea carriers. Neither Carolyn Lodge Travel Ltd nor any person assisting or collaborating with Carolyn Lodge Travel Ltd shall be liable for death, bodily injury or illness caused to the client, unless caused by the direct and proven negligence of Carolyn Lodge Travel Ltd and/or its suppliers.
Any such claims shall be subject to English Law in respect of any quantum or liability and all proceedings shall be within the exclusive domain of the English courts.
Carolyn Lodge Travel Ltd, at their discretion, will offer assistance to a client in the form of advice, guidance and initial financial help where appropriate, who through misadventure, suffers illness, personal injury or death during the period of their holiday, arising out of an activity which does not form any part of the foreign inclusive holiday arrangements, nor an excursion offered through Carolyn Lodge Travel Ltd. Costs in respect of the above on behalf of the client and party shall not exceed £5,000 in total. This service is provided by a legal expenses insurance policy which Carolyn Lodge Travel Ltd has taken out for its customers’ benefit and is subject to a claim under the policy being successful.
DATA PROTECTION ACT
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your expectations we need to use the information such as name, address, any special requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information onto the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may 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 EU, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (In making this booking you consent to us passing on this information onto the relevant suppliers, otherwise we are unable to process your booking.) Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact La Joie de Vivre during normal working hours.
PASSPORTS / VISAS / VACCINATIONS
All clients are themselves responsible for ensuring that they have a valid passport, appropriate visas and conform to the health regulations regarding vaccinations current at the time of travel. You may find this website useful – www.fco.gov.uk/knowbeforeyougo . For further travel advice please go to www.doh.gov.uk/traveladvice or www.fco.gov.uk
LUGGAGE
Carolyn Lodge Travel Ltd is only liable for loss or damage or delay to luggage caused by the direct negligence of Carolyn Lodge Travel Ltd.
SPECIAL REQUESTS
Any special requirements must be advised to Carolyn Lodge Travel Ltd in writing when the booking form is sent in. Carolyn Lodge Travel Ltd will make every reasonable effort to make arrangements which comply with the request, but cannot and do not guarantee that there will be compliance with the special request/s. Furthermore, Carolyn Lodge Travel Ltd has no legal liability whatsoever in the event that the holiday arrangements do not comply with the special request.
COMPLAINTS
If the client has a complaint during the holiday, they should contact the hotel manager. They are best placed to put matters right immediately and may well be able to do so. Failure to make such contact could result in loss of any legal right in connection with matters causing complaint. If there is still cause for complaint on return to the UK, the client is required to seek satisfaction by writing to Carolyn Lodge Travel Ltd within 28 days of the end of the holiday, providing full details of the holiday and the reason for the dissatisfaction. Any dispute arising out of, or in connection with this contract, which cannot be amicably settled may (if the client so wishes) be referred to arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which can be supplied upon request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £1,500 per person or £7,500 per booking form or to claims which are solely or mainly in respect of physical injury or illness. If you elect to seek redress under this scheme, written notice requesting arbitration under the scheme must be made within 9 months after the scheduled date of return from the holiday.
