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YOUR
CONTRACT IS WITH Bliss Travel Group Limited, a member of ABTA
and ATOL.
1.
Your Holiday
Contract
When
you make a booking you guarantee that you have the authority to
accept and do accept on behalf of your party the terms of
these booking conditions. The
contract is made on the terms of these booking conditions below,
that are governed by English Law, and the jurisdiction of the
English Courts.
Bookings
made Online
If you book Online
you must provide us with all information which we require, you must
also ensure that all information which you provide to us in your
Order is accurate and correct and that the credit or debit card you
are using is your own (or if it is a third party's you have their
express authorisation to use their credit or debit card) and that
sufficient funds are available to cover the cost of the Package or
Other Holiday Arrangement which you book with us.
We require full
payment details from you at the time you make your Online Order with
us for a Package or Other Holiday Arrangement.
When we receive
your Order we shall send you a "confirmation of request"
which will summarize the details of your Order.
If we accept your
Order we shall debit payment from you as specified in paragraph 4
and dispatch a confirmatory invoice to you which shall confirm your
Booking with us.
If we cannot or do
not accept your Order we shall notify you accordingly.
Our
Online Booking services, are provided on an "as is" basis
and we do not make any representation or warranty, express or
implied, as to the availability of any Package or Other Holiday
Arrangement and further, we do not make any warranty that our Online
Booking service is free from infection of viruses or anything else
that has a contaminating or destructive property.
Bookings
made through our Telesales Service
If you make a
Booking through our Telesales Services you must provide us with all
information which we require. You must also ensure that all
information which you provide to us in your Order is accurate and
correct and that the credit or debit card you are using is your own
(or if it is a third party's you have their express authorisation to
use their credit or debit card) and that sufficient funds are
available to cover the cost of the Package or Other Holiday
Arrangement which you book with us.
We require full
payment details, or non-refundable minimum deposit of £100 per
person, from you at the
time you make your Order to us for a Package or Other Holiday
Arrangement.
When we receive
your Order we shall provide you with a booking reference (which you
should quote when making any correspondence with us).
If we accept your
Order we shall debit payment from you as specified in paragraph 4
below and dispatch a confirmatory invoice to you which shall confirm
your Booking with us.
If we do not accept
your Order we shall notify you accordingly.
Our Telesales
Booking services, are provided on an "as is" basis and we
do not make any representations or warranty, express or implied, as
to the availability of any Package or Other Holiday Arrangement.
2.
Your Financial
Protection
We are a member of ABTA – Numbers
K3559 – W8291, also holding ATOL No 6650
issued by the Civil Aviation Authority, which provide for
your protection in the event of our insolvency.
3.
Your Holiday Price
When you make your booking you must
pay a deposit of £100 per person or an amount mutually agreed .
The balance of the price of your travel arrangements must be
paid at least 10 weeks before your departure date.
If the deposit and/or balance is not paid in time, we shall
cancel your travel arrangements.
If the balance is not paid in time we shall retain your
deposit. All monies you
pay to the travel agent are held by him on our behalf at all times. The price of your travel
arrangements can be varied due to changes in transportation costs
such as fuel, scheduled airfares and any other airline cost changes
which are part of the contract between airlines (and their agents)
and the tour operator. Also
government action such as changes in VAT or any other government
imposed changes. In the case of
any small variation, an amount equivalent to 2% of the price of your
travel arrangements, which excludes insurance premiums and any
amendment charges, will be absorbed or retained. For larger
variations this 2% will still be absorbed for increases but not
retained from refunds. In either case there will be an
administration charge of £1.00 per person together with an amount
to cover agents’ commission.
If this means that you have to pay an increase of more than
10% of the price of your travel arrangements, you may cancel your
travel arrangements and receive a full refund of all monies paid,
except for any amendment charges. We will consider an appropriate
refund of insurance premiums paid if you can show that you are
unable to transfer or reuse your policy.
Should you decide to cancel for this reason, you must
exercise your right to do so within 14 days from the issue date
printed on your final invoice. Whether you cancel or not you will
also be entitled, on the terms set out in respect of major changes
in paragraph 6 below, to accept an offer of alternative travel
arrangements from us if we are able to do so and compensation as set
out below. 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.
4.
If
You Change Your Booking
If, after our confirmation invoice
has been issued, you wish to change your travel arrangements in any
way, for example your chosen departure date or accommodation, we
will do our utmost to make these changes but it may not always be
possible. Any request for changes to be made must be in writing from
the person who made the booking or your travel agent.
You will be asked to pay an administration charge of £25,
and any further cost we incur in making this alteration.
You should be aware that these costs could increase the
closer to the departure date that changes are made and you should
contact us as soon as possible.
Note:
Certain travel arrangements (e.g. Apex Tickets) may not be
changeable after a reservation has been made and any alteration
request could incur a cancellation charge of up to 100% of that part
of the arrangements.
5.
If You Cancel Your
Holiday
You, or any member of your party,
may cancel your travel arrangements at any time.
Written notification from the person who made the booking or
your travel agent on your behalf must be received at our offices. Since we incur costs in canceling your travel arrangements,
you will have to pay the applicable cancellation charges up to the
maximum shown in clause 6.
Note: If the reason for your cancellation is covered under the
terms of your insurance policy, you may be able to reclaim these
charges.
6. If We Change or Cancel Your Holiday
It is unlikely that we will have to
make any changes to your travel arrangements, but we do plan the
arrangements many months in advance.
Occasionally, we may have to make changes and we reserve the
right to do so at any time. Most
of these changes will be minor and we will advise you or your travel
agent of them at the earliest possible date.
We also reserve the right in any circumstances to cancel your
travel arrangements. For example, if the minimum number of clients required for a
particular travel arrangement is not reached, we may have to cancel
it. However, we will
not cancel your travel arrangements less than 4 weeks before your
departure date, except for reasons of force
majeure or failure by you to pay the final balance.
If we are unable to provide the booked travel arrangements,
you can either have a refund of all monies paid or accept an offer
of alternative travel arrangements of comparable standard from us,
if available (we will refund any price difference if the alternative
is of a lower value). If
it is necessary to cancel your travel arrangements, we will pay to
you compensation as set out in this clause.
Please note that carriers such as
Airlines used in the brochure may be subject to change. Such a
change is deemed to be a minor change. Other examples of minor
changes include alteration of your outward/return flights by less
than 12 hours, changes to aircraft type, change of accommodation to
another of the same standard.
If we cancel your Booking before
the commencement of your Package for any reason other than
non-payment by you then we shall offer you the choice of: (a)
purchasing another Package from us (with the price difference
payable/refundable as appropriate); or (b) receiving a full refund
of all monies paid to us by you (except insurance premiums and/or
any amendment fees incurred).
Notwithstanding the provisions of this paragraph, we will not
cancel a Package within 30 days of scheduled commencement of your
Package except for reasons of Force Majeure, Low Bookings or for non
receipt of the full purchase price from you for your Package.
Force Majeure:
This means that we will not pay you compensation if we have
to cancel or change your travel arrangements in any way because of
unusual or unforeseeable circumstances beyond our control. These can
include, for example, war, riot,
industrial dispute, terrorist activity and its consequences, natural
or nuclear disaster, fire, adverse weather conditions.
7.
If
You Have A Complaint
If you have a problem during your
holiday, please inform the relevant supplier (e.g. your hotelier)
and our resort representative immediately who will endeavour to put
things right. If your
complaint is not resolved locally, please follow this up within 28
days of your return home by writing to our Customer Services
Department at
9, Wilkes Way, Syston, Leicestershire LE7 2BN
giving
your booking reference and all other relevant information.
Please keep your letter concise and to the point.
This will assist us to quickly identify your concerns and
speed up our response to you.
It is strongly suggested that you
communicate any complaint to the supplier of the services in
question as well as to our representative without delay and complete
a report form whilst in resort.
If you fail to follow this simple
procedure we will have been deprived of the opportunity to
investigate and rectify your complaint whilst you were in resort and
this may affect your rights under this contract.
8.
What Happens To
Complaints
Disputes
arising out of, or in connection with, this contract which cannot be
amicably settled may be referred to arbitration, if the customer so
wishes, under a special Scheme arranged by the Association of
British Travel Agents, and administered independently by the
Chartered Institute of Arbitrators.
The
scheme provides for a simple and inexpensive method of arbitration
on documents alone with restricted liability on the customer in
respect of costs. Full details will be provided on request or can be
obtained from the 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 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 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.
For
injury and illness claims, you may like to use the ABTA / Chartered
Institute of Arbitrators Mediation Procedure. This is a voluntary
scheme and requires your tour operator to agree for mediation to go
ahead. The aim is to help you resolve your dispute in a quick and
cost effective way. Details on request or from www.abta.com.
9.
Our Liability to You
(i)
We accept responsibility for ensuring that your travel
arrangements, which you book with us, are supplied as described in
this brochure ( subject to 11).
If any part of your travel arrangements are not provided as
promised, due to the fault of our employees, agents or suppliers we
will pay you appropriate compensation if this has affected the
enjoyment of your travel arrangements.
Subject to paragraphs (ii) and (iii) below our liability in
all cases shall be limited to a maximum of the costs of your travel
arrangements.
(ii)
We accept responsibility for death, injury or illness caused
by the negligent acts and/or omissions of our employees or agents,
our suppliers and sub-contractors, whilst acting within the scope
of, or in the course of their employment in the provision of your
travel arrangements. We
will accordingly pay to you such damages as might have been awarded
in such circumstances under English Law or the law you have chosen
under clause 1 above and subject to clause (iii) below.
(iii)
The amount of compensation to which you are entitled will be
limited by
(a) The contractual terms of the companies that provide the
transportation for your travel arrangements. These terms are
incorporated into this contract; and
(b) The Montreal Convention in respect of travel by air, the
Athens Convention in respect of travel by sea, the Berne Convention
in respect of travel by rail and the Paris Convention in respect of
the provision of accommodation, which limit the amount of
compensation that you can claim for death, injury or loss of or
damage to luggage. We are to be regarded as having all benefit of
any limitation of compensation contained in these conventions.
You
can ask for copies of the transport companies' contractual terms, or
the international conventions, from our offices at
262b Forest Road, New Ollerton,
Nottinghamshire NG22 9PL
10.
Personal Injury
Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or
injury whilst overseas arising out of an activity which does not
form part of your package travel arrangements or an excursion
arranged through us, we shall at our discretion, offer advice,
guidance and assistance. Where legal action is contemplated and you want our
assistance, you must obtain our written consent prior to
commencement of proceedings. Our
consent will be given subject to you undertaking to assign any
costs, benefits received under any relevant insurance policy to
ourselves. We limit the
cost of our assistance to you or any member of your party to £5,000.
11. Exclusions
1. DESCRIPTIONS
The descriptions
of the holiday and ratings are provided in good faith and conform to
the generally accepted understanding of the “star/key” system in
the UK. Certain facilities may require refurbishment or maintenance
e.g. swimming pools and amenities or activities may be cancelled or
curtailed due to lack of demand or inclement weather. We will
endeavour to notify the customer of any building
works/unavailability prior to date of departure. However, this
service cannot be provided on late bookings. BTGL will not be held
liable for any information obtained from other companies’
brochures featuring the same properties as booked with BTGL. Due to
variations in overseas resorts please be advised that double rooms
cannot be guaranteed. If confirming a triple room please note they
usually contain 1 double bed plus a single or “rollaway” bed or
3 separate beds, one of which may be a “rollaway” bed.
2. REQUESTS
We will try to
meet any special requests made of us, but cannot guarantee anything.
We will endeavour to advise you before you depart, but if we cannot
meet your special requests, we will not pay any compensation. We
will not always be able to tell you before you leave if we can meet
your request especially in relation to late availability or special
offers.
3.
INSURANCE
We must insist
that it is a requirement that you are adequately insured for your
holiday you have booked. Therefore if you have not taken insurance
offered by BTGL, we will be grateful if you could advise us of your
own arrangements. The information we need has to include name of the
policy, the policy number and the emergency contact number. If you
have arranged your insurance with BTGL, you will find a certificate
and policy-wording booklet. It is recommended that you take this
with you. In the unlikely event that emergency assistance is
required you will find the telephone number on the insurance
document.
12.
OTHER
PERSONAL
DATA
Any Personal
Data which we hold is subject to our privacy policy which is
incorporated into these terms and conditions (details of our privacy
policy are available through the above hyper-link (if Booking
Online) and/or on request if Booking through our Telesales Services
or Retail Outlets).
THIRD PARTY
RIGHTS
A person who is not
a party to these terms and conditions shall have no rights under the
Contracts (Rights of Third Party Act 1999) to enforce any term of
this Agreement. This paragraph does not affect any right or remedy
of any person which exists or is available otherwise than pursuant
to that Act.
LAW
These terms and
conditions shall be governed and construed in accordance with
English law and the English courts shall have exclusive jurisdiction
to adjudicate any dispute which arises thereto.
LICENSING
AND PROTECTION
Bliss Travel Group
Limited (BTGL) is a fully bonded provider of all holiday products that
it sells. We have arranged this through our ATOL accreditation by the Civil Aviation Authority under ATOL number
6650 ( for air inclusive travel) and ABTA W8291 ( for non -air
tour operations and other holiday products).
BTGL is also a
member of the Association of British Travel Agents under accreditation
number ABTA K3559.
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