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FrontierCanada170-173 REBUILD:Frontier_TEMPLATE
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Frontier Canada Booking Conditions
Booking Conditions
The following booking conditions together with the General Information found in our brochure or on our website form the basis of your contract with Frontier Travel Limited. 1. Your Holiday Contract Once we have received your booking and all appropriate payments (see clause 3 below), we will, subject to availability, confirm your holiday by issuing a confirmation invoice. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later and if possible, will cost extra money. A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader or your travel agent. We both agree that English Law will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see clause 7) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). 2. Your Financial Protection We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 5405.) This means that if you book a holiday with us which includes any flight(s) you pay us for where either you, the person who pays for the booking, is present in the UK when the booking is made or the first leg of the flight(s) you pay us for starts in the UK, then in the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you pay to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. We are also a member of the Association of British Travel Agents (ABTA number W3207). As such we are fully bonded according to ABTA's rules and abide by ABTA's Code of Conduct. If your holiday does not include flights, ABTA will financially protect your holiday in the same way as set out above except where your contracted arrangements with us do not include transport to and from the UK. In this case, if already abroad, you will be returned to the point where your contracted arrangements with us commenced. Please go to www.abta.com for a copy of the guide to ABTA's scheme of Financial Protection. 3. Your Holiday Price When you make your booking you must pay a deposit of at least £150 per person together with all applicable insurance premiums. Some flights, tours and hotels need to be paid in full straight away and you will be advised upon booking if this is the case and the exact deposit required. The balance of the price of your travel arrangements must be paid no less than 8 weeks before your departure date. Payment of the balance by credit card incurs a 2% surcharge. If the balance is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit. We sometimes provide private homes for you to rent. In this case, we will ask you for an additional deposit of £500 on your credit card if you prefer against any damage that might occur to the unit. For those houses rented through an agency in Canada, you will usually be asked for an imprint of your credit card when you check in. The prices shown in our brochure and appearing on the website were calculated on the basis of then known costs and exchange rates of $1.95 to £1. Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increasing or decreasing or our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 4.2 below. Although insurance (where purchased through us) does not form part of your contract with us or of any package , we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of the start of your holiday. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, all monies paid to such agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you. 4. Changes and Cancellation 4.1 Changes and Cancellation by you If, after our confirmation has been issued, you wish to change or cancel your booking we will do our utmost to help you, provided that written notification is received at our offices from the person who made the booking, or from their travel agent. The date of cancellation will be the date Frontier Travel Ltd receives this written notice. Frontier Travel Ltd will confirm acceptance of the change (if it can be accommodated) or cancellation of your booking by issuing the appropriate confirmation/invoice. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. Period of time before departure we are notifiedof the cancellation Cancellation charge more than 56 days deposit only 31 days to 55 days 30% 15 days to 30 days 60% 2 days to 14 days 90% Less than one day 100% Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Changes to your booking cannot be made less than 30 days prior to departure and flight date amendments cannot be made to flight dates not shown in the brochure/website. Notice of alteration must be accompanied by a payment of £50 to cover our administration costs. You must also pay any costs or charges incurred or imposed by any of our suppliers. Note: Certain travel arrangements (eg: Apex Tickets, heli-skiing, some properties and tours) may not be altered after a reservation has been made and any alteration or cancellation request to those arrangements may incur a cancellation charge of up to 100% of the cost of that part of the booking. Some travel arrangements (eg holidays taken over Christmas and New Year) are subject to more stringent conditions according to the properties or activities chosen. You will be informed at the time of booking of any such conditions, which will be included in your written confirmation. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. 4.2 Changes by Us Occasionally, we have to make changes to and correct errors in brochure/website and other details both before and after bookings have been confirmed and we must reserve the right to do so. Most changes are minor, however in certain circumstances Frontier Travel Ltd may have to make major changes to your booking. If we have to do so we will inform you or your travel agent as soon as reasonably possible. A major change is one that Frontier Travel Ltd makes to your arrangements before departure that involves, for example, a change of flight time by more than twelve hours or a change of airport (except in changes between Gatwick and Heathrow), which is more inconvenient for you. In the event of a major change before departure, if there is time to do so you will be offered the choice of one of the following options: (1) accepting the changed arrangements; OR (2) purchasing an alternative holiday from us, of a similar standard to that originally booked if available with credit being given for the price of the altered arrangement; OR (3) cancelling your booking and receiving a full refund of all monies you have paid. If we have to make a major change before departure we will also where appropriate pay you, at a minimum, the compensation set out in clause 4.5 depending on the circumstances and when the major change is notified to you subject to the exceptions set out in clauses 4.4 and 4.5. 4.3. Cancellation by us We reserve the right in any circumstances to cancel your holiday. However, we will endeavour not to cancel your holiday less than 56 days before the scheduled departure except, for example, for reasons of force majeure (see clause 4.4) or where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). If we have to cancel your holiday before departure, where there is time to do so we will offer you the options set out in clause 4.2(2) and (3). If we have to cancel before departure, we will also where appropriate pay you, at a minimum, the compensation as shown in clause 4.5 depending on the circumstances and when the cancellation is notified to you subject to the exceptions set out in clause 4.4 and 4.5. 4.4 Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 5(1) below) as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 4.5 Compensation for Changes and Cancellations by us. NB. Compensation will not be payable and no liability beyond offering the choices in clause 4.2 and 4.3 can be accepted where we are forced to make a major change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. If we make a major change to your holiday (1) Period before departure within which notice of cancellation from us or major change is received by us or notified by you If we cancel your holiday (2)
Amount you will receive
(1) more than 56 days 31 days to 55 days 15 days to 30 days 2 days to 14 days Less than one day nil £15 £25 £35 £35
(2) deposit only £15 £25 £35 £35
5. Limit of Liability (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). (2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'force majeure' as defined in clause 4.4 above (3) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort. Please also see clause 14 Excursions Activities and Brochure Information . In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. (4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country
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