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This
contract is made with 'Go Travel Spain'. 'Go Travel Spain' is a
trading name of Holiday Direct Travel Ltd, 6 Canute Chambers, Canute Road,
Southampton, Hampshire. SO14 3AB These conditions are limited to
your contract with 'Go Travel Spain' where 'Go Travel Spain' has
acted as the over tour organiser. If your booking is a Package Holiday
or Flight or Accommodation or Excursion provided by a Tour Operator
other than 'Go Travel Spain' whether 'Go Travel Spain' has acted as
the agent or not, then your contract is subject to the conditions
set forth in the applicable Tour Operator's brochure or in the case
of an Airline, that airlines usual booking conditions. IMPORTANT
NOTICE: Your contract with 'Go Travel Spain' is in addition to, and
mutually exclusive of, any other contract you may have with another
Tour Operator, Airline, Charterer or other holiday provider. These
conditions do not affect your statutory rights.
Unless you suffer personal injury or death caused by our negligence,
we do not accept any liability for any loss or damage you may suffer
whilst on any of our tours. Any arrangements which you make while you
are actually on holiday and which are not made through us are ones for
which we have no responsibility or liability.
1. Your Contract with Go Travel Spain
When
you make a booking with 'Go Travel Spain' you undertake that
you have the authority to accept and do accept these booking
conditions on behalf of yourself and your party. A contract will exist
upon our accepting any monies from you towards the booking, or upon
the issue of our Confirmation/Invoice, whichever is the earlier. These
conditions in conjunction with the information set out in our
published literature or website
form the entire agreement between yourself and ourselves.
2. Making a Booking
When you or your travel agent makes a booking with 'Go
Travel Spain' and we accept it, you must immediately pay a deposit of £100
per person in respect of the services supplied by 'Go Travel Spain'.
PLEASE NOTE: payment for airfares and travel insurance may
also be due in full at the time of booking.
After we receive your deposit a
Confirmation/Invoice will then be sent to you or your travel agent
setting out the balance due. This balance must be paid no later than
12 weeks prior to departure. If you are departing within 12 weeks then
the total cost of the holiday is payable in full when the booking is
made.
If the deposit is not paid on time then we reserve the right to
cancel your arrangements with 'Go Travel Spain'.
If the balance is
not paid on time we shall retain your deposit and reserve the right to
cancel your arrangements with 'Go Travel Spain' and levy the
cancellation charges set out in clause 5 below. Any monies you pay to
your travel agent are held by him on our behalf at all times.
3. Prices
Prices are fixed at the time of booking and generally will not be
subject to surcharges. The only exception to this will be an increase
in our costs arising as a result of any government action including
but not limited to new or increased taxes such as VAT. When a
surcharge is payable an administration charge of £2.50 per person
together with an amount to cover travel agents commission (if
applicable) will be added. If this means that you have to pay more
than 20% of the original booking price you will be entitled to a full
refund of all monies paid in respect of your overland tour booking with 'Go
Travel Spain' except an amendment charge.
Should you decide to cancel
because of this then you must exercise your right to do so within
fourteen days from the date we advised you or your travel agent of the
amount due.
We reserve the right to change our prices at any time
before you book including any special offers we may from time to time
have which may not be the same as set out in our publicity material.
4. Changes by You
If you wish to change your booking with 'Go
Travel Spain' in any
way, and we can accept the change, a charge of £25.00 per person per
amendment will apply provided that your instructions in writing are
received two months or more prior to departure. Thereafter, except as
provided by applicable law, cancellation charges, as specified in
clause 5 below, apply.
5. If you cancel your booking
You or any member of your party may cancel your booking at any time
providing that the cancellation is made in writing by the person who
made the original booking and is communicated to us either direct, or
via your travel agent. You will receive a refund of the amount paid
(excluding any amendment charge) less the cancellation fees specified
below. Refunds are made only through the original booking office:
PLEASE NOTE: these cancellation charges only apply to
overland tours
supplied by 'Go Travel Spain'. You must check with the your agent
and airline whether you can obtain a refund of the airfare, insurance or
any other service you may have booked.
Period before Scheduled Departure Date that Notice of
Cancellation is Received
|
Cancellation Charge as % of Booking Price
|
|
84 days or more |
Deposit Only |
|
30 days to 83 days
|
50% |
|
15 days to 29 days |
75% |
|
14 days or less or 'no
show' |
100% |
6. If We Amend your booking
Due to the nature of
our holidays it may be necessary for us to
make changes to your itinerary, which we reserve the right to do at
any time. Most of these changes are minor and we will advise you at
the earliest possible date of any changes. Flight timings and carriers
set out in publicity material are subject to change and all details
given to you are for guidance only. Confirmed dates will be as
shown on your ticket and/or tour voucher.
We are not aircraft operators and only act as agents for the airlines.
Should an airline make a material change to your travel arrangements
then we will endeavour where possible to accommodate those changes. If
this involves an extra cost then you will be invoiced for this cost.
If it is not possible to accommodate changes that occur because of a
changed airline itinerary then providing your original departure date
is more than 6 weeks from the date of notification of the change then
we will cancel the contract and provide you with a full refund for our
part of the services. Refunds for air tickets are subject to the rules
laid out by the airlines.
The following paragraph in italics is an indication of how an airline
may describe a material change although this wording and meaning may
differ from airline to airline and operator to operator. This
paragraph in no way forms part of your contract with 'Go Travel Spain'
‘A material change is one made to your travel arrangements before
departure involving change of departure or arrival airport (other than
between airports within the same city airport system. Heathrow,
Gatwick, London City, Luton and Stansted are all considered part of
the same airport system) outward or return flights being re-scheduled
by more than 12 hours or by substitution of accommodation originally
booked with one of a lower grade.’
The remainder of this document forms part of your contract with
'Go Travel Spain'
As we do not control the day-to-day management of your accommodation,
it is possible that we may be advised that the reserved accommodation
may not be suitable or available to you upon arrival at your
destination. If this happens, we will endeavour to provide
accommodation of at least the same standard in the same resort area.
If only accommodation of a lower standard is available then we will
refund the difference between the accommodation booked and that
available together with compensation of £15.00 per person for any
inconvenience.
IMPORTANT NOTICE: We are not responsible for changes
which arise as a result of events outside of our control, such as
technical or maintenance problems with means of transportation,
changes imposed by re-scheduling or cancellation of flights by an
airline or main charterer, war or threat of war, civil strife,
industrial disputes, natural disasters, bad weather or terrorist
activity.
7. If We Cancel your Booking
We reserve the right in any circumstance to cancel your booking.
However, in no case will we cancel your booking less than 8 weeks
prior to departure unless it is for reasons outside of our control or
for late or non-payment by you.
If we have to cancel your booking
(other than for late or non-payment by you) you will have a choice of
taking an alternative holiday, (where this is of a lower price we will
refund the difference to you, however, if the holiday is of a higher
price you will be expected to pay the difference) or cancelling the
contract in which case a full refund will be paid to you. Occasionally
we will have to cancel a trip due to under booking. If a tour is
cancelled due to under booking then we will inform you no later than 8
weeks prior to departure.
8. Our Liability
(i) Our obligations, and those of our suppliers providing any service
or facility involved in any part of your Holiday or Excursion, are to
take reasonable skill and care to arrange for the provision of such
services and facilities and, where we or our supplier is actually
providing the service or facility, to provide them with reasonable
skill and care. Compliance with any applicable regulatory requirements
(such as, for example, those of the Civil Aviation Authority) will be
proper performance of our, and our suppliers', obligations. You must
show that reasonable skill and care has not been used if you wish to
make any claim.
(ii) For claims which do not involve death or personal injury, we
accept liability, subject to paragraph (i) above and (iv) below,
should any part of your Holiday or Excursion not be as described in
the brochure or elsewhere by us before you leave the U.K. If we accept
liability, we will, subject to paragraphs (v) and (vi) below, pay you
reasonable compensation in accordance with English law. However, the
maximum we will pay you in any circumstances is twice the price of the
original Holiday or Excursion cost. This maximum will only be payable
when every aspect of your Holiday or Excursion has gone wrong and you
have not received any benefit from your Holiday or Excursion. Any sums
received by you from suppliers, such as from airlines due to the
Denied Boarding Regulations 1992 (in this case sums paid by the
airline constitute the full amount of your entitlement to compensation
for all matters flowing from the airline's actions), will be deducted
from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of
an activity forming part of your Holiday or Excursion, we accept
liability subject to paragraph (i) above and (iv) below. If we accept
liability, we will, subject to paragraphs (v), (vi) and (vii) below,
pay you reasonable compensation in accordance with English law.
(iv) We accept liability in accordance with paragraphs (i), (ii) and
(iii) above and subject to paragraphs (v), (vi) and (vii) below except
where the cause of the failure in your Holiday or Excursion or any
death or personal injury you may suffer is not due to any fault on our
part or that of our servants, agents or suppliers, and is either
attributable to you, or attributable to someone unconnected with the
Holiday or Excursion and is unforeseeable or unavoidable, or due to
unusual or 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 neither we, nor our servants,
agents or suppliers could have foreseen or forestalled.
(v) Where a claim (whether for personal injury or non personal injury)
arises out of loss or damage suffered during the course of air travel,
rail travel, sea travel, road travel or hotel accommodation, the
amount of compensation you will receive will be limited in accordance
with and/or in an identical manner to the provisions of any relevant
International Conventions, namely the Warsaw Convention 1929
(including as amended by the Hague Protocol) the Berne Convention
1961, the Athens Convention 1974, the Geneva Convention 1973 and the
Paris Convention 1962. You can get copies of the relevant conventions
if you ask us. For the avoidance of doubt, this means that we are to
be regarded as having all benefit of any limitations of compensation
contained in any of these Conventions or any other international
conventions applicable to your Holiday or Excursion.
(vi) You are obliged to assist us in recovering from any third party
any sum which may compensate us for any sums we pay you. In
particular, you are obliged to assign to us any rights that you may
have against any other person whose acts or omissions have caused or
contributed to our legal liability to pay you compensation. You must
also provide us with all assistance we may reasonably require.
Finally, you must follow the procedures for the notification of
complaints set out in the clause below entitled "Complaints".
(vii) Should you become ill while on Holiday, you must, in addition to
reporting your illness to our representative, consult a local doctor
and also consult your GP upon your return to the UK. Should you then
wish to make a claim against us as a result of that illness, you must
provide us with details of both the local doctor whom you saw and your
GP, together with written authority for us to obtain a medical report
from both those doctors.
(viii) If you or any member of your party suffers illness, injury or
death, through misadventure, as a result of any activity which does
not form part of your contracted Holiday or Excursion arrangements, we
will provide you with all reasonable assistance. This assistance may
include our making a contribution towards your initial legal costs in
taking action against the person(s) responsible providing you request
this within 90 days of the incident in question. All assistance
(financial or otherwise) is subject to our reasonable discretion and a
maximum total cost to ourselves of £1500 per booking form. If you are
entitled to have any costs and expenses arising from such an incident
met by or from any insurance policy or if you obtain a costs order
against anyone in relation to the incident, you must repay to us the
costs and expenses we spend in assisting you.
(ix) Other than as set out above, and as is detailed elsewhere in
these booking conditions, we shall have no legal liability whatsoever
to you for any loss, damage, personal injury or death which you suffer
arising directly or indirectly from any aspect of your Holiday or
Excursion.
9. Documentation
Where travel and health documents are necessary to comply with the
requirements of the country you may wish to visit then it is your
responsibility to procure them. If failure to obtain any such
documents results in fines, surcharges or any other financial penalty,
being imposed upon us then you shall reimburse us accordingly. You
must ensure, by consulting your own Doctor if necessary of specific
precautions deemed prudent for the country/resort you intend to visit
and the appropriate medication/inoculations are complied with.
10. Conditions of Carriage / Accommodation
We are neither a carrier nor a provider of accommodation. Each journey
(whether undertaken or not) that you book by land, sea or air is
governed by the conditions of the carrier undertaking to provide that
carriage. Some of these conditions limit or exclude liability and are
often the subject of international agreements. Copies of the
applicable agreements are available for inspection at the offices of
the carrier concerned.
It is your own responsibility to re-confirm the
onward or return sectors of any air journey with the carrier concerned
or such carrier's duly authorised agents and according to such
carrier's regulations. When you book accommodation (whether provided
or not) its availability or provision is subject to the 'house rules'
of the hotel or other accommodation providing or undertaking to
provide such accommodation.
11. Contact
We reserve the right in our absolute discretion to terminate your
arrangements without notice should your behaviour be such that it is
likely in our opinion to cause distress, damage, annoyance or danger
to any other person. In such circumstances, no refund or compensation
will be due to you.
12. Unused Services
No refund will be due to you in respect of non-utilisation of any part
of the excursion arrangements made for you.
13. Insurance
We cannot stress enough the importance of your taking out adequate
holiday insurance against cancellation charges, unexpected curtailment
of your holiday, medical expenses arising overseas, loss or damage to
luggage and personal liability claims against you.
Should you elect
not to effect suitable travel insurance cover despite this advice,
then you undertake on behalf of yourselves and all members of your
party to indemnify both ourselves and our overseas agents and
representatives (as applicable) for any costs that arise which would
otherwise have been met had such insurance cover been taken out
14. Complaints
We do our very best to ensure that your holiday arrangements go
according to plan. However, if you have a complaint arising out of
what we have agreed to provide for you please let us know at the
earliest opportunity, if necessary by telephoning our UK office from
wherever you may be. If a problem arises during your Holiday or
Excursion it is important that you advise the supplier and/or our
representative at the earliest opportunity who will endeavour to put
things right.
If your complaint cannot be resolved locally you should
advise us within 28 days of the incident, in writing, giving your
original booking reference number and all other relevant information.
Your letter will be given prompt attention.
If you fail to follow this
simple procedure we cannot accept responsibility, as we would have
been deprived of the opportunity to investigate the matter and
hopefully rectify any problem.
15. Applicable Law
This contract between us, and these booking conditions are governed by
and construed in accordance with English Law. Both parties agree to
submit to the exclusive jurisdiction of the Courts of England and
Wales
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