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 (or £600.00 per person if you have elected to travel by scheduled airline services or in seats chartered otherwise than by ourselves) 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 twelve weeks prior to departure. If you are departing within twelve 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. Please check your Confirmation/Invoice carefully (including the spelling of names or initials) immediately on receipt as it sets out what we are promising to provide. If there are any inaccuracies, it is essential you bring these to our attention within ten days of the date shown on the invoice, otherwise we will assume all of the details to be correct. If we are able to make the necessary changes within this time, no charges will be levied. However, amendment fees will be levied for any changes outside this period.
3. Prices: Prices are fixed at the time of booking and they must be subject to any form of surcharge. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Should there be an obviously incorrect price shown we will issue a new invoice and will not be bound by the price quoted on the incorrect invoice.
4. Changes by
You: If you wish to change your plans in any way and we can accept the change, a charge of £50.00 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 via you or your travel agent. You will receive a refund of the amount paid (excluding any insurance premiums and amendment charge) 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 to 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% |
Changes in Turkey:
Should you wish to change your holiday or flight details whilst in Turkey this may be possible but we will require immediate payment by credit/debit card or sterling. As this alters the basis of the contract between us it is essential that changes are arranged through us in writing to our overseas team or our local agent or, if this is not possible, our head office in the UK.
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 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 is 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 rescheduled by more than twelve 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. In all cases, our liability for significant changes is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change. No compensation is payable for minor changes.
As we do not control the day to day management of your accommodation, it is possible you may be advised that the reserved accommodation may not be suitable or available to you upon arrival in the 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 £30.00 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 transport, changes imposed by rescheduling or cancellation of flights by an airline or main charter, 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 circumstances 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 payable by you and any ‘No Surcharge Guarantee’ on the original booking will not apply or (ii) a full refund of full moneys 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 required 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 sub-contract 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 provide them. If failure to obtain such documents results in fines, surcharges or other financial penalty being imposed upon us then you shall be reimbursed 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 agent 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 in respect of non-utilisation of any part of the travel arrangements made for you.
13. Requests: Whilst we will make every effort to action any special dietary and/or room requests you may have by passing such request(s) to the hotel or supplier concerned, we will not be liable to you should such request not, in the event, be made available to you.
14. 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 been taken out.
15. 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 representatives at the earliest opportunity who will endeavour to put things right. If your complaints cannot be resolved locally you should advise us within 28 days of the incident, in writing, giving your original 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.
16. 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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