Please read these Terms & Conditions carefully. They contain important information about your holiday contract.
Your contract is with Western and Oriental Travel Limited trading as Rainbow Tours of Layden House, 76-86 Turnmill Street, London EC1M 5QU, referred to as “we” or “us” in this contract. A binding contract is only entered into when we issue a confirmation invoice.
By contacting us, and/or your travel agent, to make a booking you accept that you have the authority to bind all members of your party to these terms and conditions. It is essential that you check the travel details on the confirmation invoice and inform us immediately of any errors. Your booking is also subject to the conditions of carriage of your chosen airline.
2. YOUR FINANCIAL PROTECTION
When you buy a holiday package from us, The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and ensure that your money is refunded or that you are repatriated in the unlikely event of our insolvency (for all UK citizens, except residents of the Channel Islands and the Isle of Man).
We are holders of Civil Aviation Authority ATOL licence 10417, which will protect any holiday package including a flight, except for residents of the Channel Islands and the Isle of Man, as described in the paragraph above. If the holiday you buy from us is an ATOL-protected air holiday package you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 10417.
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).
You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. 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
We are a Member of ABTA, membership number Y1152. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which 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 application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com
4. PAYMENT FOR YOUR HOLIDAY
Your deposit is considered part payment towards your holiday. The exact deposit required shall be made clear at time of quotation/booking. On occasion full payment may be required to secure certain elements of your trip, if this does arise we shall inform you of this at time of booking. Deposits are non refundable and as such a security towards confirming your holiday. Normally the balance and final payment should be made no less than 8 weeks prior to departure. However, on occasion some components and/or destinations may require final payment no less than 90 days prior to departure, in which case you shall be informed of this at time of booking. If any balance remains unpaid, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charge set out below. Final travel documents will usually be sent out approximately 2 weeks before departure. All money paid to a travel agent will be held by the agent on our behalf. Payment must be in the currency of the invoice and you are responsible for bank charges. If you choose to pay the balance of your holiday by credit card a 1.98% levy will be charged, and a 2.5% levy will be charged for Amex. No charge is levied for payment by debit card. In some cases quotations will be based on instant purchase, limited availability non refundable airfares and full payment of the total holiday cost must be made at the time of booking. Full details will be given at the time of enquiry.
Whilst we make every effort to ensure that the information in our brochure is as accurate as possible, it is published many months before your holiday takes place. We reserve the right to make changes to the brochure and any information it contains. You will be informed of any material changes before booking. Western and Oriental Travel Limited are only responsible for information contained within our own publications and websites. We are specifically not responsible for third party information (from tourist boards and hotels for example) contained in any other brochures or websites.
6. AMENDMENT AND CANCELLATION BY YOU
We will do our best to assist you in altering your arrangements after booking but cannot guarantee this will be possible. If alterations can be made you will be responsible for all extra charges and costs and we reserve the right to charge an administration fee per person plus any applicable charges levied by our suppliers.
In some cases, flights cannot be changed after booking and the full cost of a new air ticket will be payable. We also reserve the right to treat any amendment less than eight weeks prior to departure as a cancellation and apply the cancellation charges set out below.
All cancellations must be made in writing by the person who made the booking and are effective on the day we receive it. As we incur substantial costs and losses on a cancellation, we will apply the following cancellation charges based on payment/balance date of 8 weeks prior to departure. For those bookings where additional amounts were paid in excess to the standard deposit at the time of booking or before standard balance due date, then these shall be considered non refundable.
Number of days prior / Cancellation charge as percentage when to departure cancellation notice received of total holiday price
Up to 56 days / Forfeit deposit
55-43 Days / 50%
42-31 Days / 75%
30 Days or less / 100%
Agents or third party organisations acting on our behalf are unable to amend or change the contract or terms and conditions within it.
7. AMENDMENT AND CANCELLATION BY US
It is occasionally necessary for us to make changes to advertised products and services and we reserve the right to make such changes. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance but are not obliged to do so and no compensation is payable. If the change is material (for example, a change of flight time by more than 12 hours, change of destination or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting the alternative arrangements or (ii) arranging an alternative holiday with us or (iii) cancelling your holiday. Whichever option you choose we will pay you compensation unless the change has been caused by force majeure or low bookings as defined below.
Days before departure / Compensation per person
43 / Nil
42-29 / £40
28-15 / £50
14-0 / £70
(B) CHANGES DURING THE HOLIDAY
If we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, if we are unable to do so, you will be returned to your point of departure and given a pro-rata refund for any part of the holiday not received. This does not apply to
minor changes in your accommodation, itinerary or transportation.
(C) CANCELLATION BY US
Whilst we hope we will never have to cancel your holiday this does very occasionally happen and we reserve the right to do so. Should it be necessary to cancel your holiday we will endeavour to offer alternative travel arrangements of equivalent or similar standards, together with a price refund if appropriate. Alternatively we will provide a full and prompt refund.
(D) FORCE MAJEURE
Compensation will not be payable in any cases where an amendment, change or cancellation is due to “force majeure”, being unusual or unforeseeable events or circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid. These include, but are not limited to, war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, levels of water in rivers, acts of God, closure of airports, changes of schedules or operational decisions of transport providers.
(E) LOW BOOKINGS
Compensation is not payable if a holiday or tour does not take place because a required minimum number of passengers to enable the holiday or tour to take place has not been reached and you were informed of that requirement at the time of booking. We will notify you at least 8 weeks before departure if your holiday has not reached the minimum number and is therefore cancelled, where possible we will offer a similar holiday on a different date or an alternative departing at or around the original date.
All prices advertised or quoted are per person based on sharing a twin/double room and are in pounds sterling unless otherwise shown and are subject to change, up or down, until the booking is concluded. After that, we will only increase the price in limited circumstances to reflect increases in transportation costs (including fuel and airfares), dues, government approved taxes (including VAT), both in the UK and overseas, fees chargeable for services (including landing taxes and embarkation and disembarkation and security fees at airports), Government action or exchange rate variation. If the surcharge would increase the cost of your holiday by 10% or more, you may cancel your holiday and receive a full refund. We will absorb, and you will not be charged, for any increase equivalent to up to 2% of the original price of your holiday (excluding amendment fees). No surcharges will be made within 30 days of departure.
9. OUR RESPONSIBILITIES TO YOU
We take care to ensure that all involved in the preparation and supply of your holiday maintain the highest standards. Please remember that the appropriate standards will be those prevalent in your destination which may not be the same as developed international standards.
(a) We will pay reasonable compensation (subject to (c) below) if the product supplied to you is not of the standard described or contracted for by you. This compensation will be limited (except in the case of death or injury) to no more than twice the holiday price of the person affected.
(b) Should you suffer injury, illness or death as a result of the proven fault of ourselves, our suppliers or their employees acting in the course of their employment we will offer you compensation as would be paid in an English Court. If the incident relates to you or any member of your party being killed, injured or becoming ill during or as a result of, carriage by aircraft, ship, train or coach as part of the holiday arrangements organised by us our liability to pay compensation is limited in accordance with the liability of the carrier/service provider under any international convention which governs such services. Copies of these Conventions are available upon request.
(c) Our liability to you does not apply if you or any member of your group is at fault; if the failure is the fault of someone else not connected with providing the services which form part of our holiday contract with you; the failure is due to any unusual or unexpected circumstances beyond our control, which we could not have avoided even if we had used all care possible or the failure is due to any event which we or the supplier of any service could not help, expect or prevent.
(d) Any acceptance of liability is subject to you agreeing to assign to us your rights against any third party responsible for the events leading to your claim and to you affording us all necessary assistance in pursuing that claim.
If you have any complaint or problem whilst on holiday you must inform us, our representatives or the supplier as soon as possible to give us the maximum opportunity to rectify it. Any unresolved complaints must be notified to us in writing within 30 days of your return.
11. PASSPORTS, VISAS AND OTHER ESSENTIAL DOCUMENTATION
It is your responsibility to ensure that all necessary passports are machine readable. You should also ensure that all necessary visas, international driving licences, vaccinations and other health documents are in order. All passports must have a validity of at least six months from your scheduled return date to the UK.
You will generally need clear/clean pages for visas, as required, to be inserted. You must read all documentation that is supplied to you and ensure that all information contained within is correct. Failure to do so may incur amendment charges which are your responsibility. Some countries and airlines now require additional passenger information (API). We will inform you which countries require this information. This information is compulsory and is required by authorities. It is essential that all clients provide the API prior to travelling. Failure to provide this information may result in you being denied boarding for your flight. No refund will be permitted and any additional costs will be borne by the named clients.
12. TRAVEL INSURANCE
Your holiday package with us does NOT include travel insurance and it is your responsibility to ensure you have adequate insurance cover. In accordance with normal industry practice, we will require you to have adequate travel insurance to provide accident and medical cover before your holiday departs. Such insurance should ideally be valid from the date of booking, be valid throughout the holiday duration and financially cover any probable loss through cancellation, amendment, accident or health related problems. You should ensure you are covered for all activities you are planning on your trip.
All pre-booked meals will be on a table d’hôte basis. Supplements can apply for à la carte items or restaurants.
14. SPECIAL REQUESTS
Whilst we will endeavour to comply with any special requests such as airline seating, diets and room requirements, we can only do so on a “goodwill” basis. As these are usually only provided at the discretion of the relevant supplier, we cannot guarantee availability and cannot be held responsible if they are not provided.
15. EXCURSIONS AND ACTIVITIES
We are only responsible for excursions and activities sold by us prior to departure and which form part of your holiday contract. Should you purchase excursions in resort, your contract and any liability arising from it will be with the supplier directly.
This contract is governed by English Law and is subject to the exclusive jurisdiction of the courts of England and Wales.
17. DATA PROTECTION POLICY
In order for us to process your booking we need to store and record your information, including data as supplied. This may include transfer of such information outside of the European Economic Area to parties involved in the arrangements of your holiday. Equally we use such information for updating our mailing lists, for fraud prevention, market research and analysis and from time to time you may receive travel related information from us or from another company from within Western and Oriental Travel Ltd. Should you not wish to receive such literature please advise us in writing.
18. UK FOREIGN OFFICE ADVICE ON OVERSEAS TRAVEL
It is now assumed that British citizens are at risk of terrorism, be it in the UK or when travelling overseas. History has shown us these attacks can either be spontaneous or premeditated. For your guidance we suggest you visit the website of the Foreign Office on: www.fco.gov.uk or tel: 0845 850 2829. The website is regularly updated and provides you with country-specific information, including advice on terrorism and general matters on health and safety.
19. ADDITIONAL INFORMATION
In addition to these general booking conditions, specific relevant destination information may be contained within the individual brochures and website.
Registered in England Number: 07558669
4 Red Lion Court, Alexandra Road, Hounslow, TW3 1JS
© Western and Oriental Travel Limited
All rights reserved.
Date of issue August 2013