Booking Conditions
Your contract is made with Elixir Holidays Limited (ATOL 6481)
whose registered office and principal place of business is at
51 Charlbert Street, London NW8 6JN. These booking conditions
have been formulated as a result of our responsibilities under
law. They do not affect your statutory rights.
1. Your Holiday
Contract: When you make a booking 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 earlier.
These conditions, in conjunction with the information set out
in our brochure form the entire agreement between ourselves
and yourself. Any advice/information given to you by your travel
agent which is inconsistent with our brochure and these conditions
will not form part of your contract with ourselves. We hold
Air Travel Organiser's Licence No. 6481 issued by the Civil
Aviation Authority which provides for your financial protection
and, if applicable, repatriation, in the event of our insolvency
2. Making a Booking:
When you or your travel agent makes a booking with us and we
accept it, you must immediately pay a deposit of £250.00
per person together with any applicable insurance premium. A
Confirmation/Invoice will then be sent to you or your travel
agent setting out the balance due which balance must be paid
no later than two months prior to departure. If you are departing
within 12 weeks, then the total holiday cost including any
insurance premium is payable in full upon booking. If the deposit
is not paid on time, we reserve the right to cancel your travel
arrangements. If the balance is not paid on time we shall retain
your deposit and reserve the right to cancel your travel arrangements
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 will not be subject to
any form of surcharge.
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 or may not be the same as set out in our publicity
material
4. Changes by
You: If you wish to change your plans 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 Condition 5 below, apply
5. If you Cancel
your Booking: You or any member of your party may cancel your
holiday 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 insurance
premiums and amendment charges) less the cancellation fees specified
below but adjusted (if applicable) for any higher price payable
by other members of the group who elect to continue with their
booking. Refunds are made only through the original booking
office
Period before Scheduled Departure
Date that Notice of Cancellation is Received |
Cancellation Charge
as a % of total holiday price |
|
Two months or
more: |
Deposit Only |
|
Less than two months but one month or
more: |
50% |
|
Less than one month but 15 days or more: |
75% |
|
14 days or less or ‘no show’: |
100% |
6. If We Amend your Booking: It is unlikely
that we will have to amend your booking. Occasionally changes
may be made 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. Flight timings and carriers set out in our publicity
material are subject to change and all details given to you
are for guidance only. Confirmed details will be as shown on
your ticket. Should a material change become necessary we will
inform you as soon as reasonably possible. You may decide whether
or not to accept the change although you must let us know by
return. 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)
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. If the airline, aircraft type operating
your flight or routing changes these are not a material change
and we will be under no obligation to notify you of any such
change in advance. If you do not wish to accept a material change
we will give you a full refund and in addition, whether or not
you accept a material change prior to departure we will also
give you compensation for the inconvenience as follows:
Period before Scheduled Departure
Date within which a major change is notified
|
Compensation payable
toyou or your travel agent (per person)
|
|
Two months or
more: |
Nil |
|
Less than two
months but one month or more: |
£10 |
|
Less than one
month but 15 days or more: |
£20 |
|
14 days or less
or ‘no show’: |
£30 |
which is the only recompense which will be paid to you. 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 in resort.
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 of the brochure price between the accommodation
booked and that available together with compensation of £30
per person for any inconvenience. IMPORTANT NOTE: We are not
responsible for changes which arise as a result of situations
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 Holiday: We reserve the right in any circumstance to cancel
your holiday. However in no case will we cancel your holiday
less than two months before the scheduled departure date unless
it is for reasons outside of our control or for late or non-payment
by you. If we have to cancel your holiday (other than for late
or non-payment by you) we will offer you either (i) an alternative
holiday of comparable type, though if the alternative offered
is at additional cost, the difference will be payable by you
and any ‘No Surcharge Guarantee’ on the original
booking will not apply or (ii) a full refund of all monies paid,
in either case being the only recompense which will be due to
you
8. Our Liability:
We accept responsibility for the negligent acts and/or omissions
of our employees agents sub-contractors and suppliers while
acting within the scope of or in the course of their employment
with us and for any deficiencies in the services we are contractually
obliged to provide or the failure of such services to reach
a reasonable standard. In any such case our liability shall
be limited to a maximum of twice the original holiday cost.
We do not accept responsibility in respect of death bodily injury
or illness of any person taking one of our holidays except when
caused by the negligent acts and/or omissions of our employees
agents sub-contractors or suppliers while acting within the
scope of or in the course of their employment agency contract
of supply or subcontract although where the services in question
consist of carriage by air, by sea or rail or the provision
of accommodation, the limit of our liability shall be as provided
for under applicable law and/or international convention
9. Documentation:
Where travel and health documents are necessary to comply with
the requirements of any 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 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 health precautions deemed prudent for the country/resort
you intend to visit and the appropriate medication/inoculations
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 applicable conditions
are available for inspection at the offices of the carrier concerned
or through ourselves. It is your own responsibility to reconfirm
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. Conduct: We
reserve the right in our absolute discretion to terminate your
holiday arrangements without notice should your behaviour be
such that it is likely in our reasonable 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 travel 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 travel 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 calling our
London office from wherever you may be. If a problem arises
during your holiday, 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 the laws of England
and Wales. In the case of any dispute between us which cannot
be amicably resolved, both yourself and ourselves agree to submit
to the exclusive jurisdiction of the Courts of England and Wales.
Please contact us directly
Tel: +44 (0) 20 7722 2288
Fax: +44 (0) 20 7722 5131
info@elixirholidays.com
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