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Our Agreement
Thomson Destinations
Major changes to your holiday
Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. If we tell you about any of these changes after we have confirmed your holiday booking, you may either: · accept the new arrangements offered by us; or · accept a replacement holiday from us of equivalent or closely similar standard and price, if one is available; or · cancel your holiday with us and receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the `Important note - events beyond our control') and we will always refund the difference in price if the replacement holiday is of a lower standard and price. Major changes to your holiday for which we will always pay compensation, using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of UK departure airport (excluding changes between London airports, London and Ashford stations and between Dover/Folkestone ports) but see also `Important note - events beyond our control'. These changes are only examples and there may be other significant changes which constitute major changes. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.
Our Agreement with You
Thomson is a trading division of TUI UK Limited, Company Number 02830117, Registered Office: Wigmore House, Wigmore Place, Wigmore Lane, Luton, LU2 9TN. We are a trading division of TUI UK Limited and Our Agreement with you sets out what you are legally entitled to expect from us when you buy our travel services. Those travel services are as advertised by us but may also have restrictions set out in our A-Z Guide which should also be read carefully. Because we sell a wide variety of travel products, you should read our A-Z Guide and these terms and conditions carefully, before you book, to see how they affect your specific travel arrangements made by us.
1. Your Travel Booking
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on holiday. Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund. The contractual terms of Our Agreement apply between you and us because you have chosen Thomson Plus arrangements with us in which we arrange at least two or more of the following services when the services are taken together and also either cover a period of more than 24 hours or include overnight accommodation:- (a) transport; (b) accommodation; and (c) other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements. But we will need to be aware that you have made more than one arrangement with us and the arrangements must have been charged for by us at an inclusive price. In the clauses that follow we call this combination of services a "holiday".
Compensation
These scales are based on how many days before your booked holiday departure we tell you of a major change. See also the `Important note - events beyond our control'. Period before departure when Compensation payable per person a major change is notified 56 days or more £0 55-29 days £10 28-15 days £20 14-8 days £30 7-0 days £40 If the change is not acceptable to you If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us and will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change. This standard payment will not affect your statutory or other legal rights. Important note events beyond our control Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport including changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events. In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines (including Thomsonfly). However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us. Accommodation Only In the event that the cost of your accommodation is less than the amounts shown in the compensation table, we will reimburse you the actual cost of your accommodation.
2. The Price You Pay
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the time of printing; we reserve the right to add a fuel supplement to holiday prices should this increase after publication of this brochure edition. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent's commission is included within these amounts. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £1. If the increase is more than 10% of the holiday price (calculated as above), then: 1. You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy; and 2. the increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4. The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Accommodation Only prices may be subject to agents' commission, please check at the time of booking for the most up to date prices of your holiday/holiday accommodation.
5. What happens to holiday complaints
We can usually sort out any complaints you may have. But if we cannot agree, you can take the matter to an arbitrator appointed by The Chartered Institute of Arbitrators. The arbitrator will only deal with your complaint if it relates to a holiday and: · you are claiming up to £5,000 for each person or £25,000 for each booking; · you contact them within 9 months of the end of your holiday; and · your complaint does not involve major physical injury or illness. This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details, please ask our Customer Service Department. If you prefer, you can take your complaint to the County Court or another suitable court.
6. Our responsibility for your holiday
We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described and this spoils your holiday, we will pay you appropriate compensation (see the `Important note - events beyond our control'). Also, if you buy a local excursion or tour through one of our official representatives, we will pay you reasonable compensation if it is not as advertised in our literature. We have taken all reasonable care to make sure that all the services which make up the holidays advertised by us are provided by efficient and reputable businesses. These businesses should follow the local and national laws and regulations of the country where they are provided. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe.
3. If we cancel your booking
We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday you can either have a refund or accept a replacement holiday from us of equivalent or closely similar standard and price (if one is available). In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the `Important note - events beyond our control') and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than eight weeks before you go, unless this is the result of one of the events in the `Important note - events beyond our control'.
7. Personal Injury 1
This section covers injury, illness or death while you are using the holiday services that we have arranged for you. We have no direct control over the way our suppliers provide their services but everyone employed or contracted by us or by our suppliers is expected to carry out their duties properly. If they do not carry out their duties properly (or at all) and that fault results in your injury, illness or death, we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, it will be similar to one you would receive under English law in an English court. Note: We will make such payments for injury, illness or death on the basis that you are expected to accept that: 1. You must tell us and the supplier involved about your injury or illness while you are in the resort (see section 13). You should also write to our Customer Services at the address given in our A-Z
4. If we change your booking details
We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e ticket itinerary), which you should check carefully as soon as you receive it.
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