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important holiday information & booking conditions
On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a SIGNIFICANT CHANGE we will endeavour to advise you or your Travel Agent as soon as reasonably possible. A significant change includes a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, a change of UK departure airport, or a significant change of resort area. In accordance with EU regulations we are required to advise you of the actual air carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on the relevant brochure pages and/or your holiday confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at checkin or at the boarding gate. Such a change is deemed to be a minor change. In the case of a SIGNIFICANT CHANGE before your departure we will provide you with three alternatives: (a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available. (b) alternative travel arrangements of a lower standard together with a refund of the difference in price; or (c) cancel your holiday with a full refund of all monies paid. In all 3 cases, minimum compensation will be paid as detailed below unless the change occurs as a result of circumstances beyond our control. Period before departure within which a major change is notified to you or your travel agent More than 60 days: 60 42 days: 41 28 days: 27 15 days: 14 0 days: Compensation Per Person NIL £20 £30 £40 £50
on holiday
5.1 FLIGHT DELAYS In the event of a flight being delayed, we will arrange for the following to be provided, whenever practical, and subject to the airport being able to cater for this:- over 4 hours, an appropriate meal, and for delays of at least 8 hours extending beyond midnight, overnight accommodation will be provided wherever possible. However, this will depend on such factors as the expected length of delay, local availability of accommodation, immigration rulings etc. Where long flight delays result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let. Our travel insurance policy offers compensation for certain flight delays. 5.2 WATER/ELECTRICITY SUPPLIES In many of the less sophisticated destinations we feature, the water and electricity services struggle to keep up with the increased demands from tourism. Limited rainfall can put further pressure on their provision. Hotels do everything possible to maintain full services. However, occasional power cuts and/or water restrictions may be experienced. 5.3 ACCOMMODATION IN THE TROPICS In many hotels, especially beach resorts `insects' in the rooms (eg. cockroaches etc) are almost inevitable. It should by no means be taken as a sign of dirtiness, simply a fact of life in these destinations. Views from some hotel rooms may be partly obscured by palm trees and other vegetation that can grow very quickly in tropical climates. 5.4 WATERSPORTS AND OTHER ACTIVITIES Many hotels offer watersports and other sporting activities, in some cases these may be free of charge. Please note that in the interest of your personal safety, the operators of these activities may require that you demonstrate your competence (for example a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another guest's safety. 5.5 BEHAVIOUR Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid. 5.6 LOST ITEMS If you lose any personal items whilst on holiday, please obtain a written report from a local representative, or police, to help with any insurance claim upon your return. 5.7 IF YOU HAVE A COMPLAINT WHILE YOU ARE ON HOLIDAY If you have cause for complaint whilst on holiday, you must bring it to the attention of our local representative or agent and the hotel immediately. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with. 5.8 KUONI DUTY OFFICER Kuoni operates a 24-hour emergency duty officer system, and the contact number for this will be provided with your itinerary. 5.9 CONSERVATION It is becoming ever more important to conserve the world's natural resources, its landscapes, flora and fauna. Someone coined the phrase `Take only photographs; leave only footprints' and a number of countries now use this to promote conservation. It would be hard to improve on this statement. 5.10 OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS (a) The air holidays and flights in this brochure are ATOL protected. We hold an Air Travel Organisers' Licence (ATOL 0132) granted by the Civil Aviation Authority. 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. (b) Subject to (d), we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure from the UK is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided. (c) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges).
We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected. (d) Subject to (b) above, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them or view them online at www.kuoni.co.uk. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its `conditions of carriage' which may limit or remove the carrier's liability to you and limit compensation under international conventions. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk (e) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier. (f) If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make. (g) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Kuoni has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (d). 5.11 REPRESENTATIVE SERVICES Please note we do not have representative services available in all the destinations we feature and therefore you will not necessarily be met on arrival. Please ensure you refer to your itinerary which will provide the appropriate contact details should you need assistance whilst on holiday. 5.12 CURTAILMENT If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for the remainder of your holiday not completed, or assist with any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
4.5 CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL We will not be liable to pay any compensation if we are forced to cancel or in any way change your holiday as a result of unusual or unforeseeable situations outside our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity. 4.6 IF WE CHANGE YOUR HOLIDAY ACCOMMODATION We do not control the day to day management of your accommodation, and in exceptional cases it is possible that we may be advised that the reserved accommodation has been overbooked. If this happens before your departure or on arrival in resort 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 we will refund the difference of the brochure price between the accommodation booked and that available, and will pay up to £50 per person for any inconvenience. 4.7 IF WE CANCEL YOUR HOLIDAY We reserve the right in any circumstances to cancel your holiday for any reason. However we will not cancel your holiday within 61 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control). If we have to cancel your holiday we will offer you:(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available (b) travel arrangements of a lower standard and a refund of the difference in price; or (c) a full refund of all monies paid. Compensation as offered for `significant changes' will also be paid unless the holiday is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. No compensation is payable if the holiday is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package. 4.8 MINIMUM NUMBERS Price boxes on relevant pages will indicate whether a particular holiday is subject to a minimum number of participants for its operation. We will advise you at least 61 days before departure if minimum numbers have not been reached. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost, or having a refund of monies paid. 4.9 TOURS Whilst every effort is made to operate a tour as advertised, on occasion it may be necessary to make changes to the accommodation, the routing or order of an itinerary. Unless the change significantly alters the holiday, compensation will not be payable for minor alterations to the itinerary or nightly accommodation.
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