Booking Conditions

Your holiday contract

When you make a booking you guarantee that you have the authority to accept these booking conditions on behalf of yourself and your party.

You will have been alerted to the conditions of this booking at the time of booking and as soon as we issue our confirmation invoice, a contract will exist between you and The Holiday Place PLC. Please check your confirmation invoice carefully and contact us immediately if any details are not correct.

This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.

Your financial protection

When you buy an ATOL protected air holiday package from The Holiday Place Plc you will receive a confirmation invoice from us (or via our authorised agent through which you have booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 3101. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk

Credit card policy

In our constant efforts to fight credit card fraud on the internet additional documentation may be required if:

1. The traveler is not the card holder. (3rd party credit cards)
2. The credit card is not registered in the United Kingdom
3. The journey originates outside of the United Kingdom

The following items may be asked:

1. Copy of credit card both front and back
2. Copy of passport
3. Recent utility bill or Credit card statement as proof of address

Your holiday price

Upon confirmation of your holiday, you must pay a deposit of £150 for each named person or the full holiday price if the booking is made within 10 weeks of departure. If you do not pay in full 10 weeks before departure, we reserve the right to cancel your booking with the deposit forfeited and cancellation charges will be applicable.

Please note that in certain circumstances it may be necessary to take full payment or a higher deposit at the time of booking for your flight seats or accommodation, in order that we can secure your reservation. This sum will be forfeited if cancellation takes place, after the confirmation has been made.

Your holiday price will include the amount of £2.50 per person as part of the ATOL Protection Contribution. We pay this to the CAA. This charge is in addition to our advertised prices.

Changes made by you

If you wish to alter arrangements after we have accepted your booking, we will do our best to help although this may not always be possible. An amendment fee of £40 per person named on the booking will be charged. If you or another member of your party is prevented from traveling you may, subject to any supplier restrictions, transfer the booking to someone else provided that:

• We receive written notice of your wish to transfer 56 days before departure
• The balance of the holiday is paid in full
• The administration charge per person is paid PLUS you must agree to pay any charges levied by our suppliers
• The transferee meets all the conditions of the holiday you have booked

Certain travel arrangements cannot be changed after reservations have been made and therefore any request for alteration will be treated as a cancellation- details are listed below under Cancellation By You.

All requests for changes made by you will be confirmed subject to our discretion, we reserve the right to refuse any changes.

Cancellation by you

If you or a member of your party decides to cancel their holiday, you as the person who made the booking must advise us of this in writing. Cancellation charges will apply depending upon when we receive the written notification. If we receive written notification of your intention to cancel, prior to 56 days before departure, your deposit per person will be forfeited. However, from 56 days onwards the following cancellation charges will apply. Insurance premiums paid are non-refundable.

Period before departure date within which written notice of cancellation is received % of holiday cost (excluding insurance premium).

If some but not all party members cancel, additional changes may be payable by the remaining members (e.g. under occupancy).

Please note in some circumstances up to 100% cancellation charges will apply from time of booking, including holidays booked at peak periods; we will advise at the time of booking.

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to claim these charges.

Passport, visa and immigration requirements

All passengers must be in possession of a FULL passport, valid for at least 6 months beyond the planned return date. In addition to this, visas may be required for some countries. We will give advice wherever possible, however, 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. Holders of Full British passports can check visa and immigration requirements at www.ips.gov.uk/passport/index.asp, all other passport holders should ask our staff for the relevant Embassy and/or Consulate contact details. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

Transfers

Transfer times are given as a guide and will be subject to change dependant on road and weather conditions or the number of stops made en route.

Representation

Our local representatives are available to answer any questions that you may have about the resort, book excursions and assist with transfers or any problem you may encounter. A representative may not be based at your hotel and it may be necessary to liaise with our resort office — details will be provided in your ticket wallet.

Weather

The weather charts featured are given only as a general guide. We cannot guarantee weather conditions. Please bear in mind that severe weather such as heavy rainfall, or rough seas are to be expected in the tropics at certain times during the year.

Brochure / Website room descriptions and facilities

Photographs and descriptions of hotels and resort facilities are shown in good faith. Room descriptions are supplied by the hoteliers and in some cases we may sometimes refer to suites or deluxe accommodation. These are in general, larger rooms with additional features however this does not necessarily mean that the accommodation comprises more than one room. It is possible that occasionally facilities may be unavailable or limited, due to hotel maintenance, adverse weather conditions or seasonal restrictions etc. We have used all reasonable endeavours to ensure that nothing in our brochure is false or misleading at the time of going to press but reserve the right to change any brochure/website particulars before you book.

Where family rooms are available, occasional beds may be used, of the sofa or camp bed type. Please also bear in mind that specific requests made at the time of booking cannot be guaranteed.

Child safety

Should you be travelling with young children, we recommend that you advise us at the time of the booking. The safety of your children is of utmost importance to us, however, we must stress that it is important for you to remain vigilant at all times during your holiday to ensure their safety.

Pregnancy note

Airline regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel.

Normally after 32 weeks permission to travel is refused however, Airlines have different policies and we would need to check as to whether they will agree to carry you, prior to confirming your holiday.

It is imperative that you notify us of your pregnancy at the time of booking or as at such time you become aware.

Scuba diving

Diving arrangements made on behalf of clients do not form part of your package holiday as they are additional arrangements made by us on your behalf direct with the Dive supplier.

Please check the PADI medical questionnaire featured on our website, or request a copy from our Reservations staff, to ensure you are fit to dive before confirming and booking the Diving activities that you have requested us to arrange on your behalf. Your Diving contract is with the Dive Company notified to you and shown on your invoice. The Holiday Place Plc only act as retail agents for the purposes of arranging the booking on your behalf. If you answer “yes” to any of the questions, consult your GP for further advice. Please ensure that your travel insurance company provides adequate cover for persons learning to dive, as well as qualified divers. The Holiday Place Plc cannot accept responsibility for clients who are unable to dive due to medical or insurance reasons. You will not be able to dive for a minimum of 24 hours prior to flying. A visa is required for diving in Sharm El Sheikh, this can be purchased at Sharm El Sheikh airport at an approximate cost of $15.00.

Our agreement with you

Holiday price guarantee. When booking by telephone, our sales consultants will quote to you the price of your package holiday at the time you make your reservation. Once you have paid your deposit, or the full cost of your package holiday and received our confirmation invoice, the cost of your package holiday will not change. The price of your package holiday is fully guaranteed and will not be subject to any surcharges, unless levied by acts of parliament, government, airlines or other circumstances outside of The Holiday Place PLC control. We reserve the right to raise or lower our prices at any time before you book.

When booking on line your package holiday requirements and the package holiday price shown on your online summary at the end of the booking process, are subject to confirmation by us, which will be sent by email to your nominated email address by 4pm the first normal working day after your on line booking has been made. The same confirmation terms will also apply to any activities or excursions you have requested in addition to your package holiday arrangements. Once we have confirmed your package holiday reservation by email with a confirmation invoice, the cost of your package holiday will not change. The price of your package holiday is fully guaranteed and will not be subject to any surcharges, unless levied by acts of parliament, government, airlines or other circumstances outside of The Holiday Place PLC control. We reserve the right to raise or lower our prices at any time before you book.

We are unable to guarantee any special requests at the time of booking, but will use our best endeavours to obtain any such confirmation of any request prior to departure. The Holiday Place Plc cannot accept any liability for suppliers not complying with special requests, except where such requests have been confirmed in writing by the supplier and a copy of the confirmation has been supplied to you.

Changes made by us before the start of your holiday

We aim not to make any changes to your holiday but arrangements are often made many months in advance with our suppliers over whom we have no direct control and changes may be necessary. Most changes will be minor and although we endeavour to advise you of any minor changes before your holiday, we have no obligation to do so and will not pay any compensation. We will endeavour to inform you of a major change before departure, a major change is defined as a significant change of resort, a change of accommodation to that of a lower official category, a change of your time of departure or return by more than 12 hours or a change of departure airport (except London airports).

In the event of our advising you of a major change before your departure we will provide you with 3 options:

• Accept the alternative arrangements which we may offer
• Purchase another holiday from us, which if more expensive you will have to pay the difference, but if cheaper we will refund the difference
• Cancel the holiday and receive a total refund of all monies paid to us

Whichever of the three options is accepted we will also pay you compensation as set out in the table below.

Period before scheduled departure date within which a major change is notified to you and compensation per person.

Important notice: Compensation will not be paid for situations beyond our control. Examples of situations beyond our control include but are not limited to war or threat of war, civil strike, industrial disputes, natural disaster, bad weather, terrorist activity, Foreign Office advice not to travel, technical or maintenance problems with transport, changes due to a rescheduling or cancellation of flights by an airline or alteration of the aircraft type. (Please see details of your insurance cover regarding flight delays).

Changes made by us during your holiday

We do not control the day-to-day management of your accommodation and if shortly before departure or on arrival at the resort we are advised that the reserved accommodation is not available we will take all reasonable steps to provide accommodation of the same standard and in the same resort. If only accommodation of a lower standard is available we will refund the difference of price as advertised at the time of booking, between the accommodation booked and the accommodation provided and in addition will pay you £30 compensation per person for any inconvenience.

Cancellation by us

We reserve the right to cancel your holiday although we will only do so in limited circumstances. However, provided we have received full payment (see paying for your holiday), we will not cancel your holiday less than eight weeks before departure except for reasons beyond our control in which case we will offer you the choice of an alternative holiday if available, or a full refund of all monies paid. In the case of Coach Tours we reserve the right to cancel any tour up to 28 days prior to departure as such tours operate subject to minimum numbers. Should we find it necessary to cancel a tour you will be advised at least 28 days prior to departure and offered the option of accepting an alternative holiday or a full refund, no compensation payments will be made for cancelled tours.

Our liability / responsibility to you

As already stated, The Holiday Place plc is a member of ABTA, Nos 84059 and V8707, and is licensed by the Civil Aviation Authority ATOL No. 3101 and is fully bonded to protect customer holiday payments and repatriation.

1. We accept responsibility for ensuring that your package holiday travel arrangements, which you have booked with us, are supplied as described in our brochure or on our website. If part of your package holiday travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your package holiday travel arrangements. Subject to paragraphs (1) and (2), below our liability in all cases shall be limited to the full value of your package holiday travel arrangements.
2. We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents or sub contractors, whilst acting within the scope of, or in the course of their employment in the provision of your package holiday travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law and subject to (3) below.
3. The amount of compensation to which you are entitled to will be limited in accordance with and /or in an identical manner to:
   1. The contractual terms of the airlines that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
   2. 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 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 conventions. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices 1-3 Drakes Court Yard, London NW6 7JR
4. 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 published at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday costs from The Holiday Place plc. Your right to a refund and or/compensation from us is set out above. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on or alternatively on www.auc.org.uk

Personal injury unconnected with your booked travel arrangements

If you, or any member of your party suffers death, illness or injury whilst overseas, arising out of an activity that does not form part of your package holiday travel arrangements with ourselves, we shall at our discretion offer advice, guidance and assistance. Where legal action is contemplated and you would like our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be subject to you undertaking to assign any costs and/or benefits received under any relevant insurance policy. We limit the cost of our assistance to you and any member of your party to £5000.

Behaviour

Please note that your holiday arrangements will be terminated by ourselves or our suppliers concerned (e.g. airlines, hotels, tour leaders etc.), if you are behaving in such a way as to cause or be likely to cause danger or distress to others or damage to property. In this situation, The Holiday Place plc will not be liable to make any refund, pay any compensation or meet any costs or experience you incur as a result of your behaviour. Please note that, at all times you are subject to the laws of the country you are visiting and must respect local cultures and customs.

Activities outside the package holiday arrangements and excursions

Local excursions or other activities that you may choose to book and pay for before you depart and purchase outside your package holiday arrangements, or you book and pay for whilst you are on holiday, are not part of your package holiday provided for by us, nor are we acting in any capacity save as retail booking agents for the provider of the service. For any excursion or other activity you book through our representative or with which you are assisted in arranging before departure or while on holiday, your contract will solely be with the supplier of the excursion or activity and not with Holiday Place Plc. We are not responsible for the provision of your excursion or activity or for anything that happens during the course of its provision by the supplier. Such excursions or activities are supplied subject to the conditions of contract of the actual supplier of the service and in accordance with local law.

Dealing with complaints

If you have a problem during your holiday please inform the relevant hotel or resort representative immediately, who will then endeavour to rectify your problem. If you are unable to resolve your complaint locally it is imperative that you complete a Customer Report Form, which can be obtained from our local representative. All complaints must be sent by the lead passenger to our Customer Services Department at 1-3 Drakes Court Yard, London NW6 7JR, within 28 days of your return to the UK. We will not accept liability for any claims received after this deadline.

All complaints are dealt with in writing; we do not deal with complaints over the telephone as it is our policy to hold written records of all communication relating to problems experienced by our clients. It is also a condition of this contract that you communicate any problem to the supplier of the services in question and our representative in resort. If you fail to follow the procedure detailed above, we cannot accept responsibility as we have been deprived the opportunity to investigate and rectify the problem.

Any dispute arising out of or in connection with this contract that cannot be amicably settled between us may be referred to arbitration under the special scheme, which though devised by the Association of British Travel Agents is administered independently by the Chartered Institute of Arbitrators.

The scheme (details of which can be supplied on request or can be obtained from the ABTA website — www.abta.com) provides for a simple and inexpensive method of arbitration based on documents alone, with restricted liability on the client in respect of costs.

The scheme does not apply to claims from an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims that are solely or mainly in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims that include an element of minor injury or illness, subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.

The rules of the scheme provide that the application for arbitration must be made within 9 months of the date of return from the holiday, but in special circumstances it may still be offered outside this period.

Overseas standards expectations

We ask you to note that standards in certain overseas countries restaurants, bars and hotel services, are often quite different to those accepted as the “norm” in the UK, especially in third world countries, a fact recognised by seasoned travellers. Do not expect UK standards overseas, expect the relative “norm” found elsewhere at your country of destination and often well explained in many good travel guides.

There can be no monetary compensation in the case of such scenarios or disappointments.

Insurance

We cannot stress enough the importance of taking out adequate holiday insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, personal liability claims against you, loss or damage to luggage.

Lost property

If you discover that you have misplaced any property during your holiday, please contact our Representative in resort, or our UK office, and we will endeavour to assist you in locating the item/s. Please be aware however, that it is your responsibility to ensure that your property is kept safe at all times. The Holiday Place cannot accept liability for any items lost during your holiday.

Price availability

Our team is constantly working with suppliers to negotiate the lowest and best possible rates for our customers. Whilst we make every effort to ensure that online prices are correct, during PEAK PERIODS, prices may vary according to availability. This can mean that the price offered to you is lower that listed, it can also mean that the actual cost can be higher that the list price.

Health requirements

It is the responsibility of all passengers to seek advice from appropriate sources with regards to inoculations, vaccinations or medical treatment that may be recommended/required for the country/countries they are visiting. We cannot accept liability for passengers who do not seek advice and are not adequately protected.

Flights and flight routings

Most flights operate on time but in the event of a delay we will do our best to arrange for agents of the airline to provide, if practical in the circumstances and given the airport involved, refreshments appropriate to the time of day for delays over 3 hours; overnight accommodation for delays over 12 hours extended beyond midnight subject to local availability and operational suitability. It may also be necessary before departure from the UK or overseas to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons. Where such changes occur, it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used by us may be subject to change. Such change is deemed to be minor change — other examples of minor changes include alterations to your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004. Very rarely, we may be forced by adverse weather conditions (not necessarily at the point of departure) and other “force majeure” situations to terminate your holiday before, at the time of or after the due date or time of departure and/or make alternative arrangements for your return journey. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), or pay you any compensation or meet any costs or expenses you incur as a result. Such a situation should be covered by your travel insurance policy which you should check before booking your holiday.

Independent travel arrangement

Flight timings may also change. Should this occur, and if we are able, we will inform you as soon as we are made aware of any changes to the previously confirmed timings given to us by the airlines.

We cannot accept responsibility for independent travel arrangement made within the UK by clients, to reach their airport of departure or indeed their onward journey having arrived back to the UK.