Leger Holidays Leger Holidays Experience Europe 2012 (page 161)

Booking Conditions It is important that you read the following Booking Conditions together with the `Things You Need to Know' section within this brochure. These Booking Conditions together with the `Things You Need to Know' section contained in this brochure form the basis of your contract with us. Please read both these sections carefully as they apply to all bookings you make with us unless otherwise specified. Holidays to New Zealand and Canada. These holidays are operated by Tours Unlimited Inc - trading as Collette Worldwide Holidays, ATOL licence number 4832 for whom Leger Air Holidays Limited act as agent. Holidays to China. These holidays are operated by Wendy Wu Tours Ltd, ATOL licence number 6639 for whom Leger Air Holidays Limited act as agents. Your contract will be with Tours Unlimited Inc (Collette Worldwide Holidays) or Wendy Wu Tours Ltd and their terms and conditions apply. A copy of these will be provided at the time of booking and will be available on request. The payment terms set out in Clause 1 of these Booking Conditions apply to these holidays. All holidays which do not include any flights are operated by Leger Holidays Limited which is a member of and bonded with ABTA Ltd (ABTA V3582). Except as above, all holidays which include flights are operated by Leger Air Holidays Limited which holds an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL 3880). In these Booking Conditions, `we', `us' and `our' are references to Leger Holidays Limited (for holidays without flights) or Leger Air Holidays Limited (for holidays including flights). "You" means all persons named on the booking (or any of them as applicable) including anyone who is added or substituted at a later stage. For online and telephone bookings, we will communicate with you by email if you have provided us with your e-mail address for this purpose. You must check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Travel documents are sent by post or email. Except where otherwise stated, you may contact us by e-mail for any of the reasons mentioned in our Booking Conditions providing you contact us at reservations@leger.co.uk. 1. HOLIDAY PAYMENT You must pay a deposit per person (as shown on the booking form) together with all applicable insurance premiums at the time of booking. The balance of the price of the holiday is due for payment no less than 42 days before departure for all coach holidays, 60 days before departure for air (not worldwide), Eurostar and self drive holidays, 10 weeks before departure for sea cruise holidays,14 weeks before departure for Worldwide tours and 110 days before departure for Falkland Tours. If the balance is not paid on time we reserve the right to treat your booking as cancelled by you and apply the cancellation charges set out in Clause 3. For bookings made on or after the balance due date, the full amount is due at the time of booking. The person making the booking accepts responsibility for paying for all the people on the booking. You must be at least 18 years old to make a booking with us. 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 the agent has verbally confirmed your booking. After that point, your agent will hold the monies on our behalf until paid to us. For flight inclusive bookings, all monies paid to our authorised travel agents for your holiday with us will be held on our behalf until they are paid to us. 2. OUR AGREEMENT A contract is made when we, or your travel agent, verbally confirm your booking or, if you make your booking online, when it is confirmed by the issue of an electronic confirmation and invoice at the end of the booking process which you must print and keep. For all other bookings, we will endeavour to post our confirmation to you or your travel agent within 7 days of receiving your booking. You must check all documents you receive from us carefully as soon as you receive them. We cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 14 days of us sending it out (in the case of travel documents/tickets, 5 days). 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 ("claim") except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question � see Clause 12) 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 claim governed by the law of Scotland/Northern Ireland, as applicable (but if you do not so choose, English law will apply). 3. HOLIDAY CANCELLATION BY YOU If you want to cancel your booking after we have confirmed it, you must do so in writing (not by email) and post or hand deliver it to us or your travel agent. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We will ask you to pay cancellation charges per person on the scale shown below. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums, credit/charge cards and PayPoint card fees, amendment charges and any prebooked Disneyland� Paris additional services all of which are non refundable. PERIOD BEFORE DEPARTURE WITHIN WHICH CANCELLATION IS RECEIVED IN WRITING More than 110 days Between 99 and 109 days More than 14 weeks Between 71 days and 14 weeks Between 61 and 70 days Between 43 and 60 days Between 29 and 42 days Between 15 and 28 days Between 4 and 14 days Less than 4 days COACH HOLIDAYS LOSS OF Full deposit Full deposit Full deposit Full deposit Full deposit Full deposit 50% or full deposit, if greater 60% or full deposit, if greater 90% or full deposit, if greater 100% EUROPEAN AIR, EUROSTAR & SELF DRIVE HOLIDAYS LOSS OF Full deposit Full deposit Full deposit Full deposit Full deposit 50% or full deposit, if greater 60% or full deposit, if greater 75% or full deposit, if greater 90% or full deposit, if greater 100% SEA CRUISE HOLIDAYS LOSS OF Full deposit Full deposit Full deposit Full deposit 50% or full deposit, if greater 50% or full deposit, if greater 60% or full deposit, if greater 75% or full deposit, if greater 90% or full deposit, if greater 100% WORLDWIDE TOURS LOSS OF Full deposit Full deposit Full deposit 50% or full deposit, if greater 50% or full deposit, if greater 75% or full deposit, if greater 75% or full deposit, if greater 75% or full deposit, if greater 90% or full deposit, if greater 100% FALKLANDS TOURS LOSS OF �1000 50% or full deposit, if greater 50% or full deposit, if greater 50% or full deposit, if greater 50% or full deposit, if greater 75% or full deposit, if greater 75% or full deposit, if greater 75% or full deposit, if greater 90% or full deposit, if greater 100% 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. A minor change is any change which is not a significant change. A change of flight time of less than 12 hours, airline (except as specified in Clause 18), type of aircraft (if advised) or destination airport will all be treated as minor changes. *Compensation, where shown as a percentage, is calculated on the basis of the basic holiday price paid, excluding insurance premiums, any credit/charge card and PayPoint card fees and amendment/cancellation charges. In all cases, our liability for significant changes and cancellations is limited to offering you the aforementioned options and, where applicable, compensation payments. 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. Very rarely, we may be forced by `force majeure' (see below) to change or terminate your holiday after departure, but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. 6. 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 contractual obligations to you is prevented or affected, or you otherwise suffer any damage, loss or expense of any nature as a result of `force majeure'. In these Booking Conditions, `force majeure' means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events or circumstances may include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemics/epidemics, closure of airports or airspace, volcanic activity and all similar events outside our control. 7. ITINERARY CHANGES It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, ships and aircraft do occasionally break down, or suffer mechanical or technical problems, or certain facilities on board a coach, train, ship or aircraft may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances it may be necessary to replace the vehicle or aircraft which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown. 8. TRAVEL DELAY (1) Whilst we try to avoid flight delays and delays to your sea crossing/tunnel crossing, unfortunately, they occasionally happen. If there is a delay, we will endeavour to minimise any discomfort by providing extra services to you (in the event of delay to your rail/air departure, responsibility for any refreshments, meals and where necessary, overnight accommodation, rests with the airline or rail operator). These additional services, as shown below, are subject to availability and the prevailing circumstances. We shall not be responsible for reimbursement of any payment you have to make unless we have given our agreement beforehand. (2) If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you should complain to the CAA on 020 7240 6061 www.auc.org.uk. COACH HOLIDAYS LENGTH OF DELAY Up to 3 hours ADDITIONAL SERVICES LENGTH OF DELAY ADDITIONAL SERVICES None 5 to 9 hours One main meal for each passenger Light refreshments Meals and accommodation as appropriate 3 to 5 hours Overnight for each passenger for the time of day or night SEA CRUISE, RAIL & AIR Responsibility rests with the air/rail/cruise operator 9. ARTISTS, CONCERTS, ENTERTAINMENTS AND RIDES We cannot accept responsibility for the nonappearance of any artist or the cancellation/withdrawal/closure of any concert /event / entertainment / ride / swimming pool (eg. at Disneyland� Paris) for whatever reason. Should any such situation arise, the holiday arrangements will still proceed. We will not always be in a position to advise you in advance of any such cancellation etc. Such situations will not constitute a significant change to your holiday arrangements entitling you to cancel or change to another holiday without paying our normal charges, and no compensation, refunds or expenses will be payable. 10. CONDITIONS OF SUPPLIERS Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international In the event of a cancellation of a booking secured by a low deposit, we reserve the right to collect the balance of the full conventions (see Clause 15 (6)). Copies of the relevant parts of these terms and conditions are available on request from deposit amount. For flight inclusive bookings, you must pay the charges levied by the airline concerned, in addition to the ourselves or the supplier concerned. charges set out above. You may be able to make a claim under your travel insurance policy if your cancellation falls within 11. SPECIAL REQUESTS We will endeavour to pass on any reasonable requests to the relevant supplier, but cannot the conditions of the policy. Claims must be made directly to the insurance company concerned. Where any cancellation promise that any request will be honoured, and may not always be able to tell you before you leave if we cannot meet reduces the number of full paying party members below the number on which the price and/or any concessions agreed your special request. For your own protection, you should obtain confirmation in writing from us that your request will be for your booking were based, we will recalculate these items and re-invoice you accordingly. If any member of your party complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special 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 request has been noted or passed on to the supplier, or the inclusion of the special request on your confirmation invoice charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of or any other documentation, is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. �20 per person, must be paid before the transfer can be affected. As most airlines do not permit name changes for any 12. COMPLAINTS PROCEDURE Should you have a complaint about any aspect of your holiday, you must notify one reason, these charges are likely to include the full cost of the flight. of the coach crew, or one of our representatives, together with the supplier of the services in question, immediately so 4. HOLIDAY ALTERATION BY YOU Should you wish to make any changes to your booking, please advise us as that the problem can be quickly resolved in the resort. If the matter cannot be resolved, you must immediately complete a soon as possible in writing. Whilst we cannot guarantee changes can be made to your booking, we will endeavour to Customer Complaint Form (available from our driver/representative) with details of your complaint. You must send this meet requests if we can. Where we are able to do so, the following charges will apply (in addition to any charges our suppliers may impose or incur, which could be for example 100% of the transport cost): We charge an amendment fee of report to us within 28 days of returning home. Disputes arising out of, or in connection with, any contracted holidays �20 per booking for each item you want to change. However, some changes made after balance due date (see Clause1), which do not include any flights arranged by us (not flight inclusive holidays), which cannot be amicably settled, may be referred to arbitration, if the customer so wishes, under a special scheme arranged by ABTA, and administered may be treated as a cancellation of your original booking. In that case, we may ask you to pay cancellation charges on the independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone, with scale shown above in Clause 3, together with the full cost of your new holiday, plus any further costs we may incur. restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained on the Insurance premiums may be transferable from one holiday to another (including when you travel earlier or later than originally booked), but not from one person to another. NB: You can change the travel date on your Rock travel insurance ABTA website (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. Neither does it apply to claims which are solely in respect of physical injury as long as the new travel date is not more than 1 year in advance of the original issue date of the policy. or illness, or their consequences. The scheme can however deal with compensation claims which include an element of 5. ALTERATIONS AND CANCELLATIONS BY US Occasionally, we have to make changes to and correct errors minor injury or illness subject to a limit of �1,500 on the amount the arbitrator can award per person in respect of this in our brochures, website and other details, both before and after bookings have been confirmed. We may also have to element. Your application for arbitration and other required documents must be received by ABTA within 18 months of cancel confirmed bookings. Whilst we always try to avoid making changes and cancellations, we must reserve the right to your return from the holiday. Outside this time limit, arbitration under the scheme may still be available if we agree, but do so. Most changes are minor and we will try to tell you of such changes before you leave on holiday. Occasionally, we the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation have to make a significant change to your holiday before departure such as the following: a change of outward departure procedure and we have the option to agree to this. time of more than 12 hours; a change of departure point to one which is significantly more inconvenient for you; a change of destination (ie. country); a significant change in itinerary; a change of accommodation to that of a lower category for the 13. HOLIDAY INSURANCE It is a condition of booking a holiday with us that you take out insurance. The insurance Leger Holidays offers is for United Kingdom residents only. Should you decide not to purchase our insurance, any you whole or the majority of your holiday. For significant changes and cancellations, if there is time to do so before departure, obtain from a third party must offer cover at least as comprehensive as ours. You must provide us with the insurance we will offer the following options: (a) accepting the changed arrangements; (b) transferring to an alternative holiday company, telephone number, policy number and details of the emergency and medical repatriation telephone number specifically offered by us, of a similar standard to that originally booked if available. If your alternative holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept this alternative you may choose any relating to such a policy within 14 days of booking. If you purchase our insurance, cover will not be effective until we receive all applicable premiums in full. Please read your policy details carefully and take them with you on holiday. It is your of our other available holidays and pay the applicable price of any such holiday. This will mean you paying more if it is more expensive, or receiving a refund if it is cheaper; or (c) cancelling or accepting the cancellation, in which case you will responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies. receive a full and prompt refund of all monies you have paid to us. If we have to make a significant change, or cancel, we 14. PRICING POLICY The prices shown in our brochure were calculated on 2 September 2011, on the basis of then will, where compensation is appropriate, pay you the compensation set out in the table below, subject to the following known costs and exchange rates, as shown in the Financial Times Guide to World Currencies on that date. Once the price exceptions: Compensation will not be payable, and no liability beyond offering the above mentioned choices can be of your chosen holiday has been confirmed at the time of booking, we guarantee not to increase it as a result of changes in accepted, where (i) we are forced to make a change or cancel, as a result of unusual and unforeseeable circumstances currency exchange rates. Due to this promise, we cannot give any refunds in the event of favourable changes in the beyond our control, the consequences of which we could not have avoided even with all due care; or (ii) we have to currency rates. We will, however, increase or decrease prices by way of a surcharge or refund if transportation costs (e.g. cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. No compensation will be payable, and the above options will not be available, if we cancel as a result of your failure to comply 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 change. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of MINIMUM COMPENSATION PERIOD OF NOTIFICATION the total cost of your holiday, will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday, you GIVEN TO YOU OR YOUR PER FARE PAYING PASSENGER MAXIMUM COMPENSATION TRAVEL AGENT will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any WHEN SIGNIFICANT CHANGE OR PER FARE PAYING PASSENGER PRIOR TO ALTERNATIVE HOLIDAY ACCEPTED amendment charges) or alternatively purchase another holiday from us, as referred to in Clause 5. The total cost of your IF FULL REFUND ACCEPTED DEPARTURE DATE holiday for the purpose of calculating 2% or 10% as above excludes insurance premiums, credit/charge card and PayPoint More than 110 days NIL NIL NIL NIL NIL NIL NIL NIL card fees and any amendment charges. A refund will only be payable if the decrease in our costs exceeds 2% as set out Between 99-109 days NIL NIL NIL NIL NIL NIL NIL �10 above. Where a refund is due, we will pay you the full amount of the decrease in our costs. Where applicable, you have More than 14 weeks NIL NIL NIL NIL NIL NIL NIL �10 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday Between 71 days and 14 weeks NIL NIL NIL NIL NIL NIL NIL �10 where applicable. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you Between 61 and 70 days NIL NIL 2%* 2%* NIL NIL �10 �10 will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the Between 43 and 60 days NIL 2%* 2%* 2%* NIL �10 �10 �10 issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of Between 29 and 42 days 2%* 2%* 2%* 2%* �10 �10 �10 �10 the start of your holiday. No refund will be payable if any decrease in our costs occurs during this period either. We Between 14 and 28 days 5%* 5%* 5%* 5%* �10 �10 �10 �10 reserve the right to increase or decrease prices of unsold holidays and insurance at any time after brochure publication, as Less than 14 days 10%* 10%* 10%* 10%* �20 �20 �20 �20 EUROPEAN AIR, EUROSTAR & SELF DRIVE EUROPEAN AIR, EUROSTAR & SELF DRIVE SEA CRUISE & WORLDWIDE SEA CRUISE & WORLDWIDE FALKLANDS FALKLANDS COACH COACH 161