Your contract is made with Sun N Sea (London) Ltd (Company No. 5582571, TTA
Membership No. U4121, ATOL No. T7252) whose registered office is at Unit 7, The Flyers
Way, Westerham, Kent, TN16 1DE.
These booking conditions have been formulated as a result of our responsibilities
under law. They do not affect your statutory rights.
Your Holiday Contract
When you agree to a booking, you agree that you have the authority to accept and do
accept these booking conditions on behalf of yourself and all persons in your party.
You must be at least 18 years old to make a booking with us. A contract begins to
exist when we accept any moneys from you towards the booking or upon the issue of
our Confirmation/Invoice, whichever is earlier. It is important that you check this
carefully to confirm that it matches what you booked. We are not liable for inaccuracies
in booking information that isn’t drawn to our attention within a reasonable amount
of time after the invoice date. These conditions in conjunction with any extra information
that the information set out on our website form the entire agreement between you
and ourselves. Any advice/information given to you by your travel agent or advisor
that is inconsistent with our website and these conditions will not form part of
your contract with ourselves.
We hold an Air Travel Organiser’s License number T7252 issued by the Civil Aviation
Authority which provides for your financial protection and, if applicable, repatriation,
in the event of our insolvency. We are also members of the Travel Trust Association
(TTA), membership number U4121. These Booking Conditions and this website comply with
their code of conduct for tour operators.
Making a Booking
When you make a booking with us and we accept it, you must immediately pay a deposit
of £80.00 per person (excluding infants under 2 years on the date of their return
flight) together with any applicable insurance premium, this figure includes a £3.00
Safe Seat financial protection premium which is non refundable. A confirmation/Invoice
will then be sent to you or your travel agent setting out the balance due which must
be paid no later than twelve weeks prior to departure. If we agree to a lower deposit
amount than £80 per head, you are still required to pay the full £80 deposit upon
cancellation of your holiday.
Payment may be made by cheque, debit or credit card. Credit card payments are subject
to a handling fee. If you are departing within two months, 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 Condition
5 below. Any moneys that you pay to your travel agent are held by the agent on our
behalf at all times.
Prices
Prices are fixed at the time of booking and will generally not be subject to
surcharges. The price of your travel arrangements is subject to surcharges for increases
in transportation costs (e.g. fuel). Another exception to this is an increase in costs
arising as a result of any government action including but not limited to new or increased
taxes such as VAT. Even in this case we will absorb an amount equivalent to 2% of the
holiday price, which excludes insurance premiums and any amendment charges. Only amounts
in excess of this 2% will be surcharged, but, when a surcharge is payable, an administration
charge of £5.00 per person together with an amount to cover travel agent’s commission
(if applicable) will be added.
If you have to pay more than 10% of the holiday price you will be entitled to cancel
your holiday with a full refund of all moneys paid except for any insurance premiums
and amendment charge. Should you decide to cancel because of this, you must exercise
your right to do so within fourteen days from the date we advised you or your travel
agent of the amount due.
We reserve the right to change our prices at any time before you book including any
special offers we may have which may or may not be the same as set out in our publicity
material. Prices shown are per person per night. In apartments and studios, prices
are based on the number of occupants shown in the price panel. Prices for hotel accommodation
are based on 2 adults sharing a room unless otherwise stated.
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 are
received in writing 2 months or more prior to departure. Thereafter, except as provided
by applicable law, cancellation charges, as specified in Condition 5 below, apply.
We will try to help you but we cannot guarantee that we will always be able to do
this as changes are subject to availability at the time. You will also need to pay
any difference in the holiday price that results from such a requested change and
any insurance premiums for any new names.
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
and fees payable by us to our suppliers for your holiday) less the cancellation fees
specified below. Refunds are made only through the original booking office. If you
have to cancel for a reason covered by your insurance policy, you should be able
to recover your cancellation charges. The charges are listed in the table below.
When only some members cancel in a group that has booked a holiday together, the
charge will be based on the price of their holiday only.
Period before scheduled Cancellation charge departure date that notice as a % of total
of cancellation is received holiday price
60 days or more Deposit only*
Less than 60 days but 30 days or more 50%
Less than 30 days but 15 days or more 75%
14 days or less or “no show” 100%
*If you have been granted a low deposit, this is only for a limited period subject
to you not cancelling your holiday. If you cancel your holiday you will be liable to
pay the full deposit price.
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 publicity material are subject to change and all details given to you
are for guidance only. Confirmed dates and carriers 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, arrival airport (other than between airports
within the same city airport system), outward or return flights being rescheduled
by more than 12 hours, or by substitution of accommodation originally booked with
one of a lower grade. If we alter the airline, aircraft type operating your flight
or routing this is 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. 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 Compensation payable departure date within which to you or
your travel a major change is notified agent (per person)
60 days or more Nil
Less than 60 days but 30 days or more £10.00
Less than 30 days but 15 days or more £20.00
14 days or less or “no show” £30.00
This will be the only recompense 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 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 £30.00 per person for any inconvenience.
IMPORTANT NOTICE: We are not responsible for changes beyond our control,
such as technical or maintenance problems with means of transportation, changes imposed
by rescheduling 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. Compensation arrangements do not apply in these circumstances.
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 2 months before the scheduled departure date
unless it is for reasons outlined in the Important Note above or for late or non-payment
by you. If we have to cancel your holiday (for reasons other than those beyond our
control or 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 an 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 moneys paid. In either
case, this will be the only recompense due to you.
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 and
suppliers while acting Booking Conditions 2006/2007 page 4 of 5 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. We cannot accept liability
in the following circumstances: If you or any member of your party is at fault. If
the failure is the fault of someone else not connected with providing the services
that make up the holiday that we have confirmed to you. Any unusual or unexpected
circumstances beyond our control, which we could not have avoided even if we had
used all care possible. Any event, which we or the supplier of any service could
not help, expect, or prevent.
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 precautions deemed prudent
for the country/resort you intend to visit and the appropriate medications/inoculations
complied with.
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. The liabilities of air and sea carriers are
generally subject to and governed by one or more of the following conventions: Warsaw
Convention, Montreal Convention, Hague Protocol or Athens Convention, and also the
EC Regulatory Notice 889/2002. We rely on the terms and limitations contained in
these conventions. The provisions of the above conventions and protocols’ concerning
the carriage of passengers and their luggage by air, and the airlines’ conditions
of carriage, may apply to you and your party during your flight, and during boarding
and disembarkation. These provisions and conditions may limit or exclude liability
for death or personal injury, or loss of or damage to luggage, and may make special
provisions for valuables. We will supply a copy of the conditions of carriage applicable
to your holiday, and of the prevailing convention(s), if you request them. It is
your own responsibility to reconfirm the onward or return sectors of any air journey
with the carrier concerned in such carrier’s duly authorized agents and according
to such carrier’s regulations. When you book accommodation (whether provided or not)
its availability by provision is subject to the “house rules” of the hotel or other
accommodation providing or undertaking to provide such accommodation.
Flight Delays
delays are inevitable. Sun N Sea are not directly responsible for flight timings and
as of such, we will not personally offer compensation for such occurrences. Cover
against delays is included in most holiday insurance packages which should be purchased
before your departure.
Termination of Holiday due to behaviour
We reserve the right in our absolute discretion to terminate your holiday arrangements
without notice should your behaviour Booking Conditions 2006/2007 page 5 of 5 be
such that it is likely in our opinion to cause distress, damage, annoyance or danger
to any other person. In such circumstances, no refund or compensation will be due
to you. If you or any member of your party willfully, recklessly or negligently damages
any accommodation, property or person, or causes delay to or diversion of any flight
or other means of transport, you agree to compensate us for any loss we may suffer,
including legal costs.
Unused Services
No refund will be due to you in respect of non-utilisation of any part of the travel
arrangements made for you.
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.
All of our holidays include a ‘Safe Seat Insurance’. This does not qualify as personal
travel insurance and only insures your holiday in the instance of Sun N Sea Holidays
being unable to fulfill the contract of your holiday.
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 UK 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 problems. Disputes arising out of, or in connection
with our contract with you which cannot be amicably settled may be referred to arbitration
under a special scheme which, though devised by arrangements with ABTA, is administered
quite independently by the Chartered Institute of Arbitrators. The scheme (details
on request) provides for a simple and inexpensive method of arbitration on documents
alone with restricted liability on the customer in respect of costs. This scheme does
not however apply to claims for an amount greater than £1,500.00 per person or £7,500.00
per booking form not to claims which are solely or mainly in respect of physical injury
or illness or the consequences of such injury or illness.
Applicable Law
This contract between us and these booking conditions are governed by and construed
in accordance with English Law. Both parties agree to submit to the exclusive jurisdiction
of the Courts of England, Scotland and Wales. |