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FAIR
TRADING
AGREEMENT
Important Note: In accordance with The Warsaw/Montreal (international travel by air); The Athens Convention (in regards to sea travel); The Berne/Cotif Convention (in regards to rail travel) and the Paris Convention (in regards to accommodation arrangements) our liability in all cases is limited in accordance with the above named conventions as if we were the carriers in respect to international travel via air, sea and rail.You can ask for copies of these conventions in writing from our offices.
Argo Holidays Ltd are committed to a policy of fair trading to make every effort to ensure that you will have an enjoyable holiday with us. Our Fair Trading Agreement has been formulated as a result of our responsibilities under law and in no way affects your statutory rights. Your signature or that of your authorised agent, on the booking form, will be taken as your and your party's acceptance of the following conditions. The expression `the client' may be used in these conditions not only to apply to you but to all other members of your party on whose behalf you have signed.
- For name changes (of some of the party members) notified to us more than 8 weeks prior to departure, a charge of £25 per name change will apply. Less than 8 weeks to 21 days prior to departure £100 per name change will apply, for name changes less than 21 days and up to 8 days prior to departure fees will be advised at the time of the amendment. Full cancellation charge (100% charge) will apply for name changes within 7 days prior to departure. - Requests for name changes of all party members will be treated as a cancellation of the original booking and cancellation charges as detailed in paragraph 4 will apply. - Name changes on scheduled flight reservations notified to us 8 weeks prior to departure will be notified to you at the time of amendment.This is due to new ticketing rules imposed by the airlines and vary according to the airline. Full cancellation charge (100% charge) will apply for name changes within 21 days prior to departure. 1. BOOKING YOUR HOLIDAY A deposit of £110 per person for Cyprus & Greece, plus the All amendments must be confirmed to us in writing. No refund will be applicable insurance premium (or evidence that Insurance giving made for unused accommodation or services during an independent at least equal cover has been taken elsewhere), must be paid for variation of a holiday. each person including each child on making your booking. For 6. IF WE CHANGE YOUR RESERVATION most scheduled flights there is an additional deposit of £100 per We plan your holiday arrangements many months in advance and person payable at the time of booking as a result of new ticketing although it is unlikely that we will have to make any changes to rules applied by some airlines whereby they require tickets to be confirmed arrangements, occasionally, changes may be made and we issued at the time of booking. No contract with us will exist until reserve the right to do so at any time. Most changes are of a very we have received these amounts and the booking form duly minor nature and we will advise you, or your Travel Agent, at the signed, and until we have issued our confirmation invoice earliest possible date. confirming your booking except in the case of bookings made Flight timings and carriers detailed on pages 278-279 are for your within 8 weeks of departure when our Late Booking procedures guidance only and subject to change.The scheduling of departure times apply. Should you later cancel, cancellation charges will become may be varied after this brochure is printed by Airport Authorities or payable in accordance with paragraph 4. We reserve the right to other factors beyond our control. We will advise you or your Travel refuse a booking without giving any reason. Agent as soon as any change which involves a flight alteration exceeding 2 hours is known to us, but please do check your travel 2. LATE BOOKINGS Late bookings are those made within 8 weeks of departure. Once documents as soon as you receive them. We reserve the right to details have been confirmed to you over the telephone, a verbal substitute alternative carriers and/or aircraft types if necessary. As a contract shall be deemed to exist between you and Argo Holidays result, should you decide to transfer to another holiday or cancel your Ltd and all booking conditions, including cancellation charges will holiday, normal cancellation charges as detailed in paragraph 4 will apply.If a major change occurs,we will inform you or your Travel Agent apply. Full payment will be due immediately. as soon as it is reasonably possible if there is time before your 3. PAYMENT OF THE BALANCE departure. A major change is one that we make to your holiday The balance must be paid at least 8 weeks before departure. If the arrangements before departure that includes changing your airport(s) balance is not received by us, we shall be entitled to cancel the except between Gatwick, Heathrow, Luton and Stansted or between booking, retain your deposit and apply the cancellation charges as alternative airports within the same overseas city, resort area (except set out in paragraph 4. For Late Bookings made within 8 weeks of for Paphos, Coral Bay and Western Cyprus villages all classified to be departure date, you will be required to pay the full cost of your in the Paphos area), time of departure or return by more than 12 holiday at the time of booking. In the event of a costing error hours, or offering accommodation of a lower standard. In such cases caused by ourselves, we reserve the right to adjust the holiday you have the choice of either accepting the renewed arrangements as price and advise you accordingly. Similarly, we undertake to refund notified to you, or cancelling your holiday with full refund of money any overcharge caused by such error. paid. If you accept the new arrangements we will pay compensation on 4. IF YOU CANCEL YOUR HOLIDAY the scale shown below: It is agreed between us that should you wish to cancel all or any Notification Period: part of your booking, or that the booking is cancelled by us due More than 42 days before departure Nil to nonpayment, then we shall be entitled to the following 41-28 days before departure £10 per person percentage of the holiday cost. 27-14 days before departure £20 per person (Insurance premiums are non-refundable). 13 days to arrival in resort £30 per person 42 days or more before departure . . . . . . . . Loss of Deposit Infants and children travelling under our `Free Accommodation for 41-29 days before departure . . . . . 50% or Deposit if greater Child' scheme are not eligible for compensation payments. For 28-15 days before departure . . . . . 70% or Deposit if greater children invoiced at a reduced rate, compensation will be paid on 14-7 days before departure . . . . . . . . . . . . . . . . . . . . 90% a pro-rata basis. 6 days or less & `No Show' . . . . . . . . . . . . . . . . . . . . 100% Important Note: In addition to these charges, it may be necessary to add Compensation payments do not apply to any changes caused by the under-occupancy or single room supplements to other members Force Majeure events set out in paragraph 8, neither do they apply in of a party where member(s) of that party cancel. Cancellation the case of a flight delay occurring after check-in which is covered must be received in writing by us, signed by the person who signed separately by our Holiday Insurance. the booking form or the duly authorised agent. Cancellation notification must also quote your holiday Reference Number.Your 7. CANCELLATION BY US attention is drawn to our specially arranged Holiday Insurance. If We will not cancel your holiday within 8 weeks of your departure cancellation is caused by illness or certain unavoidable causes, the unless caused by events beyond our control and set out in paragraph policy may apply. In this connection, you are reminded that once a 10 or unless you have not paid the final balance due. If we are obliged deposit has been paid and the booking has been confirmed by us, to cancel your holiday more than 10 weeks before departure we will a contract exists and that we are entitled to make a claim in law endeavour to offer you an alternative. If this is not acceptable, we will, for the above cancellation charges even if you have not completed naturally, refund all monies paid. payment of the balance of the holiday cost. 8. OUR RESPONSIBILITY TO YOU Important Notes: We accept full liability for the proper performance of our obligations (a) Cancellation charges for Cruises, Group Bkgs and Late Savers differ under our agreement with you for the provision of your holiday. If you and will be advised at the time of booking. or any member of your party suffers damage caused by our failure to (b) If you cancel a scheduled flight reservation, 100% cancellation charge perform or our improper performance, we accept liability except in will apply if air tickets have been issued and not returned to us. (If air tickets the following circumstances: have been returned to us, charges as detailed in the table will apply). - If the failure or improper performance is your fault or the fault of 5. IF YOU CHANGE YOUR RESERVATION any member of your party. - Changes to your reservation can only be accepted if the travel date of the revised arrangement still falls within the same holiday season as - If the failure is the fault of someone else not connected with the provision of services which make up the holiday confirmed by us. your original booking (e.g. departure dates on or between 24 Mar - Force Majeure events over which we have no control. These 2008 31 Oct 2008). include war or threat of war, riots and civil strife, terrorist activity, - If you wish to alter the details of a confirmed booking (other than natural or nuclear disaster, weather conditions, fire, flood, drought, increasing the number of passengers in your party), there will be an industrial disputes, government action, airport regulations and amendment fee of £20 per person named on the booking form in closures or technical transportation problems which may affect addition to the increase, if any, in the costs of the revised the service of hotels abroad or the scheduling of aircraft or other arrangements. Amendments made to flight or accommodation transport, or other circumstances amounting to Force Majeure. 42 days or less before departure will be treated as a cancellation of the original booking and you will be liable to pay the relevant charge - Any event which we or the supplier of any service could not as shown in paragraph 4. foresee or forestall.
9. ASSISTANCE
We shall offer you prompt general assistance should you suffer difficulties, illness,personal injury or death during your holiday with us and arising out of an activity which neither forms part of the holiday we have confirmed, nor an excursion booked through us.In addition,subject to our discretion and provided that it is requested within 90 days of the occurrence of the mishap,either as part of the general assistance referred above,or to meet the initial legal costs associated with any legal action undertaken by you (provided you have obtained our prior agreement to that legal action),we may provide you with financial assistance. This is limited to £5,000 per booking and may be provided as a loan if you have appropriate insurance cover or if there is a claim for costs against any third party. The only limitation on our acceptance of liability set out here are (whichever is the less):- except in cases of personal injury,our liability will not be more than twice the price of the holiday of the person making the claim against us; and our liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified by or applied in the United Kingdom.
10. COMPLAINTS PROCEDURE
If you have a problem during your holiday, please inform your Argo Holidays representative and/or the relevant supplier (e.g. hotel) who will endeavour to put things right. If your complaint cannot be completely resolved during your holiday, you must obtain written confirmation from the supplier or your Argo Holidays representative stating that your complaint has been lodged. Please follow this up within 28 days of your return home by writing to our Customer Relations Department in our London Office giving your original booking reference number and all other relevant information. It is therefore a condition of this contract that you communicate any problem to the supplier of the service in question and/or to your Argo Holidays representative whilst in the resort and obtain a written confirmation of the complaint lodged. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem. Argo Holidays is a Member of ABTA with membership number V7776. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street, London W1U 3AH Tel: 020 7637 2444 or www.abta.com. 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 form. 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 general 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 the Chartered Institute of Arbitrators 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.
11. GENERAL CONDITIONS
(a) Any money paid by you to your Travel Agent for booking a holiday in this brochure is held by him on behalf of Argo Holidays who are acting as the principle. (b) If the behaviour of any member of any party is considered likely to cause offence, danger, damage or distress to others, we reserve the right at all times to cancel or terminate a holiday completely. If, for example, any airline pilot, coach driver, accommodation owner or manager, or senior member of our staff considers that the behaviour is unacceptable, they are authorised to terminate a holiday wherever and whenever necessary. If this situation arises, our responsibility will cease and we will not be obliged to cover any expenses incurred by the party concerned and neither will we consider any claims for compensation or refunds whatsoever. We will also be within our rights to impose cancellation fees.
12. HOLIDAY INSURANCE
It is a condition of booking that you are adequately insured for your holiday before you travel. You must either take out our holiday insurance (see details on page 282) or arrange an insurance policy yourself which is at least as good as the one we provide. Should you elect to arrange your own insurance, we must have written details confirming which insurers your policy has been arranged through.
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