This brochure was published in September 2007. The holidays featured are
operated by Azure Luxury Hotel Collection Ltd. (the Company) which is registered
in England under company number 4343743. The following conditions apply to all
holidays featured in this brochure departing between January 2008 and December
2008.
1. BOOKING YOUR HOLIDAY.
To secure your booking you should complete and sign the booking form and
forward it to the Company together with the relevant payment (see Section 2
below). Your booking will be accepted and a contract will exist when we issue our
confirmation invoice. If you arrange your holiday directly with the Company, all
correspondence will be sent to the lead passenger on the booking form, unless
otherwise stipulated. If your booking is made through a travel agent, all communications
will be made to that address. Any special requests must be indicated on the
booking form. The Company will try and arrange for these to be met, but they
cannot be guaranteed and the Company will not be liable if they are not met.
2. PAYMENTS.
Save as otherwise provided below, a deposit of £250 (two hundred and fifty
pounds) per person (plus insurance premium if applicable) is payable and must be
forwarded to the Company together with the completed and signed booking form.
Upon receipt of this the Company will forward our confirmation invoice and payment
of the balance is due no later than 8 weeks before departure. If the booking is made
within 10 weeks of departure, full payment is required at the time of booking. If the
holiday is made through a travel agent, all monies paid by you to the travel agent,
under or in contemplation of a contract with the Company, are held by the travel
agent as an agent of the Company. If payment is not received on the due date, the
holiday or travel arrangements will be liable to cancellation. Tickets and other
documents will normally be forwarded 10-14 days before the date of departure.
In the case of Christmas bookings, a different scheme will apply; details of which will
be given on application.
3. PRICE POLICY.
Prices quoted in this brochure are for guidance only. The price of your chosen
holiday (the ‘Price’) will be confirmed at the time of booking. Once the Price has
been confirmed on your invoice, we will not increase the Price (however, this
commitment does not affect any additional charges which might be payable by you
under Section 5 below). In return for this commitment to you, we will be unable
to refund you for exchange rate movements or cost adjustments that could in the
future reduce the holiday cost. We do, however, reserve the right to amend the
published prices of unsold holidays at any time or correct errors in both advertised
and published prices. We will do so as soon as we become aware of the error. If
the UK government, an overseas government or any other regulatory body
(including airports/ports) introduce additional taxes, charges or bonds, we shall be
entitled to pass this cost on to you. Illustrative prices quoted in this brochure were
calculated on the basis of known costs as at August 2007 using the prevailing exchange
rates. At no time is the Company liable to give a breakdown of costs.
4. CANCELLATION BY YOU.
Any cancellation by you must be advised in writing to the Company (signed by the
same person who signed the booking form). Cancellation will only come into effect
on the day written advice is received by the Company at 15 Grosvenor Court,
Chester CH 1 1HG. Recorded or Special Delivery is strongly recommended.
Upon receipt, the following charges (excluding insurance premiums and amendment
fees paid) will be payable, depending upon the number of days prior to departure
your cancellation is received by the Company (the person who signed the booking
form is responsible for paying this charge).
|
| Days prior to departure |
|
| date when written advice |
% of price |
| of cancellation received |
payable |
|
Up to 56 days prior
55-43 days prior
42-27 days prior
26-14 days prior
13-3 days prior
2-0 days prior |
deposit only
30%
60%
75%
90%
100% |
|
We strongly recommend that you take out full insurance which will, in most cases,
cover against loss of deposit or cancellation charges.
5. CHANGES BY YOU TO A CONFIRMED BOOKING.
The Company shall not be under any obligation to make any alteration of a
confirmed booking. N. B. Most flight tickets cannot be changed without payment
of cancellation charges and/or the cost of a replacement ticket and any such
additional costs or charges will be payable by you.
6. CHANGES BY YOU TO A BOOKING ABROAD.
We regret that no credit or refund is possible for any unused services provided in
your chosen holiday. If you decide to alter your travel arrangements whilst abroad,
this is your own responsibility and the Company or the Company’s agents are not
responsible for additional costs incurred by you, delays, unused services or difficulties
that may arise with onward travel as a result of such alterations. No credit or refund
is possible for any lost, mislaid, stolen or destroyed documents which could be the
subject of a claim.
7. CANCELLATION OR ALTERATION BY US.
i) It is unlikely that we will have to make any changes to your travel arrange ments.
However, there may be occasions when we 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. Please note that
carriers such as airlines used in providing your holiday may be subject to change.
Such a change is deemed a minor change. Other examples of minor changes
include alteration of your outward/return flights by less than 12 hours, changes to
aircraft type or change of accommodation to another of the same standard. ii) If we
make a major change to your holiday, we will inform you or your travel agent as
soon as reasonably possible if there is time before your departure. In the event of
the Company having to make a major change to or cancel the holiday on or before
the date when the balance of payment becomes due, you will be offered a choice
of an alternative holiday of at least a comparable standard if available and if this is not
acceptable, a full refund of all monies received by the Company will be due. In the
unlikely event that we have to make a major change to or cancel your holiday after
the due date (always providing that the balance has been paid), but more than 14
days before the intended date of departure, compensation of £20 p. p. per affected
day will be paid to you within 14 days of the intended departure date. If the holiday
has to be altered or cancelled by reasons of ‘force majeure’, the Company accepts
no responsibility and shall not be liable. Circumstances amounting to ‘force majeure’
include any event which is beyond our reasonable control such as (without limitation)
war or threat of war, civil strife, riot, terrorist activity, industrial dispute, natural or
nuclear disaster, fire, sickness, adverse weather or the acts of any Government or
public authority. It is regretted that under such circumstances there will be no
compensation payable. Please note we are reliant upon information provided by
the Foreign Office.
8. OUR RESPONSIBILITIES.
The Company applies all reasonable checks to ensure that those involved in the
preparation and provision of your holiday maintain the appropriate standards. The
Company accepts responsibility should you suffer loss as a result of any failure by
the company, its employees, agents, subcontractors or suppliers to perform its
contract with you, or improper performance of that contract. Notwithstanding the
above, and save in the case of death or personal injury, the Company does not
accept responsibility where the failure to perform or improper performance: is
attributable to your own acts or omissions; is attributable to a third party
unconnected with the provision of the services contracted for and is unforeseeable
or unavoidable; is due to unusual and unforeseeable circumstances beyond the
control of the Company the consequences of which could not have been avoided
even if all due care had been exercised; or is due to an event which the Company,
its employees, agents, suppliers and subcontractors could not, even with all due
care, have foreseen or forestalled. If you suffer death, illness or injury whilst overseas
arising out of activity which does not form part of the inclusive holiday arrangements
or any excursion arranged through us, we may, at our absolute discretion, decide
to offer assistance, provided we are advised of the incident within 90 days of the
occurrence. All assistance, if given, is provided subject to a maximum total cost to
ourselves of £5,000 per booking form. Where legal action against any party (other
than the Company) connected with your holiday is contemplated by you, you must
notify us in writing of such intention prior to the commencement of proceedings.
All responsibilities and obligations in respect of carriage by air and sea are limited in
the manner provided in the relevant International Conventions. Copies of the
relevant International Conventions and the Conditions of Carriage are available on
request from this office.
9. YOUR RESPONSIBILITIES
Any passports, visas, health certificates, international driving licences and other travel
documents required for the holiday must be obtained by you and it remains your
responsibility to ensure that these are all in order and to pay any additional costs
incurred (whether by you or by the Company on your behalf) as a result of failure
to comply with such requirements. You are responsible for arriving at stated times
and places and any loss or damage which you suffer through failure to do so lies with
you and the Company has no liability whatsoever to you through your failure to do
so. The Foreign & Commonwealth Advice Unit may have issued information
about your holiday destination. You are advised to check this information on
BBC2 (Ceefax) page 470 onwards or on the Internet under the address
http://www.fco.gov.uk/. Alternatively you can contact the ABTA information
department on 0207 307 1907.
10. SCHEDULED AIRLINES
We use the scheduled services of the world’s international airlines. Under the terms
of the Air Travel Organiser’s Licence, the Company, the ATOL holder, must notify
you of the name of the airline operator, the aircraft type to be used and the
destination airport. At the time of going to print, this information is not known. We
expect to provide you with this information at the time of booking. However, all
airlines are subject to operational delays, change of aircraft and routing, over which
we have no control, but when such changes are made, we shall do our best to
minimise any inconvenience. The world’s international airlines are rarely subject to
lengthy delays, but in the unlikely event that it does happen, arrangements for meals,
overnight accommodation etc. should be met by your airline. Conditions of carriage
are available on request.
11. BROCHURE DESCRIPTION
i) The descriptions, information and opinions in this brochure given by the Company
in respect of airlines, hotels and other suppliers whose services are used are given
in good faith, based on the latest information available at the time of printing.
However, we are not always able to control all the components of the holiday
arrangements and it is possible that an advertised facility may be withdrawn, due to
weather conditions, lack of demand or for maintenance etc. For example,
swimming pools are sometimes emptied or air-conditioning restricted. ii) If you are
a single traveller or your party consists of a number less than the accommodation
sleeps (e.g. 3 persons sharing a 2-bedroom apartment that accommodates 4 a
supplement will be levied. This is because our costs are based on a cost per
room/apartment, whilst our holidays are sold on a per person basis, including flights
and other elements. Therefore, in both the above cases, the Price will include the
entire room cost. Some hotels do offer rooms that only sleep one person and, in
this instance, there will normally be a supplement, but it is usually lower than when
one person occupies a twin/double room. Please note the type of single room
allocated is usually decided upon arrival at the hotel.
12. IF YOU HAVE A PROBLEM.
Most problems can be sorted out reasonably quickly if we know about them. If
you have a problem you must report it immediately to the most immediate
provider of the holiday services (e.g. hotel manager) or the emergency contact
numbers provided with your travel documents. If you fail to follow this procedure,
this may affect your rights under this contract, as we have been deprived of the
opportunity to investigate and rectify the problem. If the problem cannot be
resolved locally and you wish to complain, full details must be received in writing
to Customer Relations Department, Azure Luxury Hotel Collection Ltd.,
15 Grosvenor Court, Chester, CH 1 1HG within 28 days of your return, otherwise
such complaints may not be accepted. Should we be unable to resolve your
complaint amicably, the matter may (if you so wish) be referred to arbitration under
a special scheme arranged by ABTA and administered independently by the
Chartered Institute of Arbitrators (the ‘Scheme’). The Scheme provides a simple
and inexpensive method of arbitration on documents alone with restricted liability
on the customer in respect of costs. 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 Charted 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.
13. BONDING
All holidays in this brochure are covered by the Civil Aviation Authority Air Travel
Organiser’s Licence ATOL Number 5790. Azure is the trading name of the Company.
14. INSURANCE
We believe it is essential to take out travel insurance on holiday. If you decide to take
out your own insurance, we strongly advise you to ensure that the policy terms of
such insurance are adequate. Should you decide not to take out appropriate travel
insurance, the Company will not be responsible for any expenses, losses or
damages you incur (save those which cannot be excluded by law).
15. DATA PROTECTION
During the course of booking your holiday, the Company will be receiving personal
data from you, such as your name, email address, billing address, product selections,
as well as your credit or debit card number and expiry date, and information about
your usage of our website (for example, the URL you came from, IP address,
domain types like .co.uk and .com, your browser type and the pages of our website
that were viewed during your visit) (‘Your information’). The Company will not
copy, store, disclose or otherwise process this data other than (1) is necessary for
providing the holiday chosen by you in the booking form and (2) for the purpose
of informing you of other holidays and services offered by the Company from time
to time. If it is necessary for the Company to transfer this data to third parties
involved with providing the services relating to your holiday that are located outside
the European Economic Area, the Company will disclose such personal data to
such third parties. If, at any time, you wish to update Your Information, of if you wish
to opt out of receiving these notifications from us, please contact us on 01244
322770. You consent to the Company’s use of your personal data as described
above. Your personal data will be removed from our records upon receipt of your
written request. We will use Your Information in accordance with the Data
Protection Act 1998 and any other laws or regulations currently in force in the
United Kingdom. We are registered under the Data Protection Act 1998.
16. LAW
Your contract is governed by and construed in accordance with English law. Each
party submits to the exclusive jurisdiction of the English Courts to settle any claim
or matter arising under the contract unless you wish to submit the claim or matter
to arbitration under the scheme set out in Section 12 above. If any part of this
contract is deemed to be found by a competent authority to be invalid, unlawful or
unenforceable then that provision shall be deemed not to be a part of this contract
and it shall not affect the enforceability of the remainder of this contract. No term
of this contract is enforceable pursuant to the Contracts (Rights of Third Parties)
Act 1999 by any person who is not a party to it. |