Terms and Conditions
When you book with ITOtours, The Hague hotel service, ITOtours.co.uk, or ITOholidays.co.uk, hereafter "the company"," these Terms and Conditions apply to the entire process, from 'Before booking the travel package' through to 'After the travel '.
"The company's" Terms and Conditions are also applicable if the travel agent (booking office) organises and offers a travel package under its name or sells travel packages for a travel organiser not established in the Netherlands.
"The company's" Booking Terms and Conditions apply to all other forms of service provision by the travel organiser and/or the travel agent (booking office). If it is not clearly stated which terms and conditions are applicable, the "Company's" Terms and Conditions are applicable.
Screenshot
The range of products a travel organiser offers' online' can change rapidly. Therefore, it is recommended that you take a screenshot (Print Screen) of the screen on which the travel organiser's offer is shown so there is no confusion later.
Supplementary clauses
The travel organiser (and/or travel agent) and traveller can agree on supplementary clauses to these terms and conditions. These clauses must be written in writing or electronically to strengthen the traveller's position. The clauses cannot affect the traveller's rights on the grounds of the law and of these general terms and conditions. The most advantageous provision to the traveller will apply in conflict between an individually agreed clause and these general terms and conditions,
"The company's" TERMS AND CONDITIONS
1. The following terms are defined as follows in these Travel Terms and Conditions:
Travel organiser:
In its business performance, the party offers prearranged travel packages under its name to the public or a group of persons.
Traveller:
a. the other party of the travel organiser or
b. the party on whose behalf the travel package has been arranged and who has
accepted this arrangement or
c. the party to which the legal relationship with the travel organiser has been
transferred under these terms and conditions.
Travel contract: the contract under which a travel organiser undertakes vis-à-vis its other party to provide a prearranged travel package offered by the travel organiser, which includes an overnight stay for more than 24 hours and at least two of the following services:
a. transport;
b. accommodation;
c. another tourist service, not related to transport or accommodation, forms a significant travel package.
Accommodation-only contracts: travel contracts for which the traveller only reserves holiday accommodation and organises the transport themself.
Booking office: the business which mediates between the traveller and the travel
the organiser in entering into the travel contract.
Working days: Mondays through Fridays, except for legally recognised public holidays.
Office hours: Mondays through Fridays from 9 AM to 5:30 PM (local), except for legally recognised public holidays.
2. These travel terms and conditions apply to all travel contracts. The travel organiser can stipulate that they also apply to contracts relating to other travel packages, including accommodation-only contracts and shuttle journeys by coach, as long as stated in the publication.
BEFORE BOOKING THE TRAVEL PACKAGE
Information provided by the travel organiser
1. The travel organiser will provide or ensure information about the nationality, passports, visas and any formalities to the traveller.
The traveller is responsible for obtaining the necessary additional information from the relevant authorities and ascertaining in good time before departure whether or not the previously obtained information has changed.
2. The traveller/ travel organiser will provide or ensure the provision of information to the traveller on the possibility of taking out cancellation insurance and travel insurance.
3. The travel organiser accepts no responsibility for general information in photos, folders, advertisements, websites and other information carriers if these have been drawn up or published by third parties.
Information provided by the traveller
1. Before or no later than the time the contract is concluded, the traveller will provide the booking office or the travel organiser with all information regarding himself/herself and the travellers for whom he/she has made a booking that could be important in the conclusion or realisation of the contract. This will include the numbers of his/her mobile telephones and e-mail addresses, if available.
2. The traveller must provide information concerning the physical and/or mental condition of the traveller(s) (including the use of alcohol, drugs or medicines) if this physical and/or mental condition could result in discomfort, danger or risks to the traveller or other travellers (passengers and/or crew) or the property of third parties. The passenger is aware that the coach/carrier (for example, the captain of an aeroplane) can refuse the passenger the right to transport further if the information is incorrect or has not been provided.
3. The traveller must also indicate any details that could be important to the travel organiser's proper realisation of the travel package regarding the party's capacity or composition for which they have booked.
Additional
1. Termination by travel organiser due to low participation: The travel organiser is entitled to terminate the contract immediately if the number of bookings is lower than the required minimum number. The offer will clearly state the notice period and the required minimum number of bookings. Termination must take place in writing within the period stated in the confirmation.
2. Booking party
a. A person who enters into an obligation in the name of or on behalf of another person (the booking party) is jointly and severally liable for all the obligations arising from the contract.
b. All communication (including payment) between the traveller(s) and the travel organisation and/or the booking office will take place exclusively through the booking party.
3. Published details and restrictions
a. If the travel organiser includes the agreed travel package in a publication, the details of this form are part of the contract.
b. If the travel organiser has included general restrictions in the program's general section that conflict with the travel terms and conditions, the most favourable provisions for the traveller will be applicable.
4. Departure and arrival times
The travel documents will state departure and arrival times for transport components. These times are definitive.
5.1 Payment, interest and collection costs
a. A deposit of the total agreed travel sum must be paid at the moment the contract is realised. Organisers of travel packages, tours, and accommodation-only arrangements can deviate from this amount. They must make this known to the traveller in advance.
b. the deposit is 50% of the travel sum in accommodation-only contracts with hotels.
5.2 The remainder of the travel sum must have the booking office no later than one month before the day of departure. The traveller will be defaulted if payment is not made on time. If the traveller does not pay on time, the travel organiser will send the traveller a payment reminder at no charge. If payment has not been made by then, the contract will be deemed cancelled on the day of default. The travel organiser is entitled to charge the cancellation costs owed in this context. In such cases, the cancellation fee will be deducted from the amounts already paid.
6. If the contract is realised less than six weeks before the departure date, the entire travel sum must be paid immediately, in full.
7. In the case of a booking via the internet, the travel agent will structure the booking process so that the traveller is informed before the acceptance that he/she is entering into a contract. This contract binds the traveller when the travel agent confirms the booking.
8. A traveller who does not comply with a financial obligation to the travel organiser in good time will owe the statutory interest rate on the remaining amount. The traveller will also be required to reimburse any collection costs reasonably incurred by the travel organiser. These amounts will be a maximum of 15% of travel sums up to €2,500, 10% of the subsequent €2,500 and 5% of the next €5,000.
9. "The company" is not responsible for any promises made by their staff and/or third parties unless such promises are confirmed subsequently in writing.
Travel sum
1. The published travel sum is clearly stated per person/group/etc. Any extra costs will be stated clearly.
2. The published travel sum is based on the prices, levies, and taxes known to the travel organiser at the time of its publication.
PERIOD AFTER BOOKING THROUGH TO REALISATION OF THE TRAVEL PACKAGE
Changes to travel sum
1. The travel organiser is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs) and the taxes and levies owed up to 14 calendar days before the date of departure (in the case of accommodation-only contracts, before the date of arrival at the first booked accommodation).
2. The traveller is entitled to reject an increase to the travel sum as referred to in paragraph 1. The traveller must use this right within three working days of receipt of notification of the increase in penalty of forfeiture.
3. The traveller is responsible for having the necessary travel documents, such as a valid passport or, where permitted, an identity card and any required visas.
4. After the contract has been realised. The traveller can request changes to it. This is subject to the condition that the traveller pays the amended travel sum after deducting the amounts already paid. Furthermore, the traveller must pay an amendment fee per booking and, if appropriate, communication costs, as stated in the offer.
3. Changing the departure date or reducing the number of paying passengers will be considered a cancellation or part cancellation.
4. Another person can substitute the traveller before commencing the travel package.
5. Cancellation/changes instigated by the client. Any cancellations or modifications to the order(s) issued can only occur on working days and at the client's request. If cancellation occurs or changes are made to reservations already made at the client's request, the costs will be charged. These can be cancellation or amendment costs charged by the service provider and/or the travel agent's costs to realise the cancellation or change.
Cancellation by the traveller
1. Standard cancellation fee
If a contract cancellation, "the company" can charge the traveller the following cancellation fees in addition to any reservation costs owed:
If a reservation for only hotel accommodation is made, either with or without breakfast,
Then, the following applies to cancelling this reservation:
a. In case of cancellation more than three months before the first catering service is to be provided under the cancellation catering agreement, the customer is not obliged to pay the hotel establishment from now on, called "the commencement date."
b. If the customer cancels more than two months before the commencement date, the customer must pay 1a 15% cancellationVvalueto "the company."
c. If the reservation is cancelled more than one month before the commencement date, the customer must pay 35% of the reservation value to "the company."
d. In case of Cancellation more than 14 days before the Commencement Date, the customer must pay 60% of the cancellation Value to "the company."
e. In case of Cancellation more than seven days before the Commencement Date, CCustomeris is obliged to pay 85% of the cancellation Value to "the company."
f. In case of Cancellation 7 days or less before the Commencement Date, the Customer must pay 100% of the Reservation Value to "the company"."2. Partial cancellation
a. If a traveller in a party cancels their share of a contract for a joint stay in the cancellation, they will owe a cancellation fee.
3. Outside office hours
Cancellations made outside office hours are deemed to have occurred on the next working day.
Changes
1. The travel organiser is entitled to change the agreed service provision due to
exceptional circumstances
2. In the event of a change, the travel organiser will make the traveller an alternative offer, if possible. This will be done within three calendar days of being notified of the change. The alternative offer must be at least equivalent to the original booking.
AFTER THE TRAVEL PACKAGE
Complaints
1. If a complaint has not been resolved satisfactorily, it must be submitted in writing, giving details, to the travel organiser or the booking office within two weeks after the original date of departure of the travel.
2. If the traveller does not submit the complaint in good time, we will have to give the service provider enough time to investigate the matter
3. The travel organiser will issue a written response no later than one month after receiving the complaint.
Disputes
Dutch law applies to the contracts entered into, amended or supplemented based on these Travel Terms and Conditions.
All rights of claim will lapse one month after the end of the travel package (or, if the travel package did not occur, one month after the original date of departure).
Additional conditions applicable to group bookings booked at ITO Tours UK
Please that all our packages are covered under our trust account with PTS
https://www.protectedtrustservices.com/services/consumer-protection/
1. Holiday Payment: You must pay a non-refundable deposit per person when confirming a booking. The balance of the holiday price is due for payment no less than 70 days before departure for all holidays. If the balance is not paid on time, we reserve the right to treat your booking as cancelled by you and apply the cancellation charges in Clause 3. For bookings made on or after the balance due date, the full amount is due at the time of booking. The person making the booking is responsible for the whole group and takes responsibility for paying for the number of people confirmed on the booking form. You must be at least 18 years old to book with us.
2. Agreement: A contract is made when we verbally confirm your booking or, if you confirm your booking online, it is confirmed by the issue of an electronic confirmation and invoice at the end of the booking process, which you must print and keep. We will endeavour to post our confirmation to you within 7 days of receiving your booking for all other bookings. You must carefully check all documents you receive from us as soon as you receive them. We cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of sending it out (in the case of travel documents/tickets, 5 days). Both parties agree that English Law will apply to your contract and any dispute, claim or other matter of any description which arises between us (except as set out below). Both parties also agree that any dispute, claim, or other matter of any description (and whether or not involving any personal injury) which arises between both parties must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must be brought to the courts of your home country or England and Wales. Suppose proceedings are brought in Scotland or Northern Ireland. In that case, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland, as applicable (but if you do not so choose, English law will apply).
3. Holiday Cancellation by You: If you want to cancel your booking after confirming it, you must do so in writing. Your cancellation notice will only be adequate when we receive it in writing at our offices. Amendment fees are not refundable. We will ask you to pay cancellation charges per person on the scale below. Cancellation charges are calculated based on the total cost payable by the person(s) cancelling, amendment charges, and any additional services, which are non-refundable.
CANCELLATION CHARGES:
More than 70 days - loss of deposit
Between 39 and 70 days - 75% or full deposit if greater
Less than 39 days - 100%
In the event of a booking cancellation secured by a low deposit, we reserve the right to collect the balance of the full deposit amount. For flight-inclusive bookings, you must pay the charges levied by the airline concerned in addition to the abovementioned charges. You may be able to claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Claims must be made directly to the insuraCancellationconcerned. Where any cancellation reduces the number of full-paying party members below, the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you), providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result, together with an amendment fee of £20 per person, must be paid before the transfer can be affected. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
4. Holiday Alteration by You Should you wish to make any changes to your booking, please advise us as soon as possible in writing. Whilst we cannot guarantee a change, changes can be made to your booking, and we will endeavour to meet requests if we can. Where we can do so, the following charges will apply (in addition to any charges our suppliers may impose or incur, this could be 100% of the transport cost): We may charge an amendment fee of £10 per booking for each item you want to change. However, some changes made after the balance due date (see Clause 1) may be treated as cancelling your original booking. In that case, we may ask you to pay cancellation charges on the scale shown above in Clause 3, the full cost of your new holiday, and any further costs we may incur. Insurance premiums are generally transferable from one holiday to another (including when you travel earlier or later than initially booked) but not from one person to another.
5. Alterations and Cancellations by Us: Occasionally, we have to make changes to and correct errors in our brochures and other details before and after bookings have been confirmed. We may also have to cancel confirmed bookings. We always try to avoid making changes and cancellations, but we must reserve the right to do so. Most changes are minor, and we will try to tell you of such changes before leaving on holiday. Occasionally, we have to make a significant change to your holiday before departures, such as the following: a change of outward departure time of more than 12 hours; a change of departure point to one which is more than 20 miles away; a change of destination (i.e. country); a significant change in the itinerary; a change of accommodation to that of a lower category for the whole or the majority of your holiday. Suppose there is time to do so before departure. In that case, we will offer the following options: (a) accepting the changed arrangements and (b) transferring to an alternative holiday of a similar standard to that originally booked if available. If your alternative holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept this alternative, you may choose any of our other available holidays and pay the applicable price for any such holiday. This will mean you are paying more if it is more expensive, receiving a refund if it is cheaper, or (c) cancelling or accepting the cancellation, in which case you will receive a full and prompt refund. PLEASE NOTE: The above option is available for any minor change. Suppose we have to make a significant change or cancel. In that case, we will pay you the compensation set out in the table below, subject to the following exceptions: (i) compensation will not be payable, and no liability beyond offering the choices mentioned above can be accepted, where we are forced to make a change or cancel, as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care; or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. No compensation will be payable, and the above options will not be available if we cancel due to your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or if the change made is minor. A minor change is any change that considers what you gave us at the time of booking or which we can reasonably expect to know as a tour operator. We could not reasonably expect to have a significant effect on your holiday. A change of flight time of fewer than 12 hours, airline (except as specified in Clause 18), type of aircraft (if advised) or destination airport will all be treated as minor changes. Period of notification given to you before departure date Minimum compensation per fare-paying passenger when a significant change
Between 14 and 28 days - £10
Less than 14 days - £20
*Compensation, shown as a percentage, is calculated based on the introductory holiday price paid, excluding insurance premiums and any credit/charge card and PayPoint card fees and amendment/cancellation charges. In all cases, our liability for significant changes and cancellations is limited to offering you options and, where applicable, compensation payments. We may rarely be forced by 'force Majeure (see below) to change or terminate your holiday after departure, but before the scheduled end of your time away. 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), pay you any compensation or meet any costs or expenses you incur.
6. Force Majeure: Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance, or prompt performance, of our contractual obligations to you is prevented or affected, or you otherwise suffer any damage, loss or expense of any nature as a result of 'force Majeure. In these Booking Conditions, 'force Majeure means any event or circumstances in which the supplier of the service(s) in question or we could not, even with all due care, foresee or avoid a riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemics/epidemics and all similar events outside our control.
7. Itinerary Changes: It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, ships and aircraft occasionally break down, or certain facilities on board a coach, train, vessel or aircraft may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances, replacing the vehicle or aircraft that cannot be repaired may be necessary. We cannot accept any responsibility for delays caused by any breakdown.
8. Travel Delay: We try to avoid flight delays and delays to your sea crossing/tunnel crossing. Unfortunately, they occasionally happen. Suppose there is a delay in a flight booked by us as part of a package holiday. In that case, we will endeavour to minimise any discomfort by providing extra services to you (in case of delay to your rail/air departure, responsibility for any meals rests with the airline or rail operator). These additional services are subject to availability. We shall not be responsible for reimbursement of any payment you have to make unless we have given our agreement beforehand.
9. Artists, Concerts, Entertainments and Rides: We cannot accept responsibility for the non-appearance of any artist or the cancellation/withdrawal/closure of any concert/event/entertainment/ride (e.g. at Disneyland® Paris) for whatever reason. Should any such situation arise, the holiday arrangements will still proceed. We will not always be able to advise you before any such cancellation. Such conditions will not constitute a significant change to your holiday arrangements, entitling you to cancel or change to another holiday without paying our standard charges, and no compensation, refunds or expenses will be payable.
10. Conditions of Suppliers: Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services by their terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually by applicable international Conventions (see Clause 15 (6)). Copies of the relevant parts of these terms and conditions are available upon request from the supplier or us.
11. Special Requests: We will endeavour to pass on any reasonable requests to the relevant supplier but cannot promise that any request will be honoured, and we may not always be able to tell you before you leave if we cannot meet your special requests. For your protection, you should obtain written confirmation from us that your request will be complied with (where we can give this) if your request is essential to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until expressly confirmed, all special requests are subject to availability.
12. Complaints Procedure Should you have a complaint about any aspect of your holiday, you must notify our Tour Manager, our Duty Manager, or one of our representatives, together with the supplier of the services in question, immediately so that the problem can be quickly resolved in the resort. If the matter cannot be resolved, you must immediately complete a Customer Complaint Form (available from our representative) with details of your complaint. You must send this report to us within 28 days of returning home. Disputes arising out of, or in connection with, any contract for non-air-inclusive holidays only, which cannot be amicably settled, may be referred to arbitration if the customer wishes. We undertake to deal with your complaint promptly, carefully and fairly. Still, we cannot accept liability regarding any claim for which this clause has been notified. A letter to confirm that we have received your complaint will be sent to you within 7 days of receipt, and a reply will be sent to you 4 weeks from the date we confirm receipt of your letter.
13. Holiday Insurance Taking out insurance is a condition of booking a holiday with us. You are responsible for ensuring that your purchase's insurance coverage is suitable and adequate for your needs. We do not check alternative insurance policies.
14. Pricing Policy: The prices given to you are based on known costs and exchange rates on 1st October 2018. We will, however, depending on the circumstances, increase or decrease prices by way of a surcharge or refund of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports change. Even in the above cases, only if the increase in our costs exceeds 2% of the total cost of your holiday will we levy a surcharge. Suppose any surcharge is greater than 10% of the cost of your holiday. In that case, you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or purchase another holiday from us, as referred to in Clause 5. The total cost of your holiday to calculate 2% or 10% as above excludes insurance premiums, credit/charge card and PayPoint card fees and any amendment charges. Although insurance (where purchased through us) does not form part of your contract with us or of any 'package', we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. A refund will only be payable if the decrease in Cancellation exceeds 2%, as set out above. We will pay you the full amount of the reduction of our costs when a refund is due. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where applicable. If you do not tell us that you wish to do so within this period, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the latter. We promise not to levy a surcharge within 30 days of the start of your holiday. No refund will be payable if any decrease in our costs occurs during this period either. We reserve the right to increase or decrease prices after brochure publication, as our costs change and exchange rates fluctuate, or to correct errors. The current prices of our holidays are shown on our website and are available by phone. Please ensure you have checked the cost of any holiday you are interested in before booking.
15. Our Liability (Events Connected with your Holiday Package)
1. We promise to ensure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that subject to these Booking Conditions. We will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. PLEASE NOTE: You are responsible for showing that reasonable skill and care have not been used if you wish to claim us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were, at the time, acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
2. We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever that results from any of the following: the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'Force Majeure, as defined in Clause 6.
3. We cannot accept responsibility for services not part of our contract. This includes, for example, any additional services or facilities your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure, and we have not agreed to arrange them and any excursion you purchase in the resort. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above, and we do not have any greater or different liability to you.
4. The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question had been adequately provided. Suppose the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time. In that case, the services will be treated as adequately provided. This would be the case even if the services did not comply with the laws and regulations of the U.K., would have applied had those services been provided in the U.K. TheUKception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker to refuse to take a holiday in question.
5. Where we are liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding insurance premiums and credit/charge card and PayPoint card fees and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under Clause 15 (6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit from your holiday.
6. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the International Convention or Regulation, which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea or the Convention concerning International Carriage by Rail (COTIF)). Where a carrier or hotelier would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we, similarly, are not obliged to make a payment to you for that claim, or part of the claim. When making any payment, we are entitled to deduct any money we have received or are entitled to from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available on request.
7. We cannot accept any liability for any damage, loss, expense or another sum (s) of any description (a) which, based on the information given to us by you concerning your booking before our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or another fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) which relate to any business (including loss of self-employed earnings)
8. You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell the supplier about your claim or complaint, as stated in Clause 12 above,aswell as us. If asked to do so, you must transfer to us, our insurers, any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us if we, or our insurers, want to enforce any transferred rights.
16. Passengers with Health Considerations/Disabilities: Our holidays may not suit people with specific disabilities or medical conditions. If you have a disability, coaches can find it challenging to get on and off, and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. We constantly endeavour to assist if we reasonably can where additional equipment needs to be transported for a disability or medical problem. However, please bear in mind that coaches are subject to overall weight restrictions and have limited space to accommodate the luggage of all passengers. If we have already agreed to transport such additional equipment for an earlier booking, we may not do so for a later booking for the same coach. This is particularly the case where any such equipment is relatively bulky or heavy. We will not usually be able to carry more than one mobility scooter on a coach. Carriage of any equipment is subject to its size, weight and other details, full details of which must be provided at the time of booking. Airlines have their restrictions on the carriage of such equipment. Should you have any disability or medical condition that may affect your or other passengers' holidays, you must provide full verbal and written details when you book the holiday, including any specific requirements you have. Additionally, when you book the holiday, you must give verbal and written confirmation that your travelling companion(s) will provide all required assistance. You must also notify us of any changes or deterioration in the disability or medical condition or development of any disability or medical condition after booking. Given the nature of our holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development, deterioration or change of any disability or medical condition occurring after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any particular customer or where, in our reasonable opinion, the medical condition or disability of the customer concerned is likely to have a significant adverse effect on other customers taking the same holiday. We further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition when the booking is made and/or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made when the person concerned joins the coach for the first time, as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any customer affected by a disability or medical condition must ensure they have notified their travel insurers and that their travel insurance will cover it. As it is a condition of booking that all customers have adequate and appropriate travel insurance, we are entitled to insist on evidence that the disability or medical condition is covered.
17. Behaviour: When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly to the accommodation owner-manager or other suppliers. If the actual cost of the loss or the damage exceeds the amount paid where estimated, you must pay the difference once known. The difference will be refunded if the actual cost is less than the amount paid. You will be responsible for meeting any claims subsequently made against us and all fees incurred by us (including our and the other party's full legal costs) resulting from your actions. Suppose any customer behaves in such a way that it is likely (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, danger, damage, discomfort, or distress to others. In that case, we reserve the right to terminate that person's holiday arrangements. We will not be liable to complete your holiday arrangements (including return travel). We will not pay you nor be liable for any refund, compensation, or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or if facilities are removed due to their action.
18. Optional Excursions: Optional Excursions are included in some itineraries. Wherever possible, we ensure that they operate by the advertised itinerary but reserve the right to make alternations if necessary. Some excursions may be subject to weather conditions or minimum numbers. Your local tour manager will give you full details. No refunds are possible if you miss an excursion for whatever reason. We also reserve the right to increase our optional excursion prices if booked in the resort.
19. Data Protection: To process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide (such as name, address, any special needs/dietary requirements, etc.). We take full responsibility for ensuring proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers for your travel arrangements, such as airlines, hotels, transport companies, etc. The information may also be provided to public authorities such as customs/immigration if required by them or law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. However, we will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information you give us, such as details of any disabilities or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
20. Baggage Allowance: Those on tours travelling by coach are asked to limit baggage to one piece plus hand luggage per person
21. Departure Time & Pick-up Points: Departure times are often in the early morning hours and will usually be on the date stated. However, in some cases, such as if you are travelling by coach and have more than 7 hours of driving from the departure point, your departure date may be the day before. This may also be the case when returning from your tour. Your arrival date at your original pick-up point may be the following day. Pick-up points are operated subject to a minimum of 5 passengers. If fewer than five passengers are booked at a particular location, we reserve the right to move you to the next closest point (within 20 miles). Pick-up points can be guaranteed upon payment for a reasonably priced supplement.
22. Our Brochure & Website Descriptions: We make every effort to ensure that our tour information is accurate when going to press. However, circumstances beyond our control (such as those described in section 6) may make it necessary to change some arrangements. We cannot accept liability for cancellation or curtailment in these instances. Unless otherwise stated, our prices are per personCancellationaring a twin or double bedded rooms. Single rooms are available on most departures. Private facilities provide a WC, bath, or shower for your exclusive use. A twin/double with extra beds may be supplied if a triple or family room is requested. In some countries, particularly family-run hotels, the dining/bar areas may be separate from the accommodation. The term "hotel" covers all accommodation in this brochure and does not necessarily distinguish between local terms such as Motel, Inn, Lodge or Village. Regrettably, infrastructure standards, hygiene, safety, fire precautions, etc., vary from country to country. In more remote areas, electricity/water supplies may be liable to disruption for short periods. We also recognise the inconvenience caused by building works on or near your accommodation in fast-expanding resorts. We have no control over such developments, but if we find out about them and believe they will seriously affect your enjoyment, we will tell you and allow you to transfer to another Tour or cancel without penalty. In some areas, the local situation may demand that you take safety precautions. Advice will always be available from the appropriate tourist office or our representative. Alternatively, you can call the Foreign Office Travel Advice Unit on 0845 8502829 or www.fco.gov.uk website – if your online confirmation shows an incorrect holiday price, the price in our most current brochure will prevail.
23. Passports and VisaYou must ensure that you meet all passport and visa requirements for your journey overseas and all costs in securing the required documentation. We cannot refund clients who cannot travel due to failure to obtain a passport or visa.