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This brochure was published in September 2008. The holidays featured are operated by Azure LuxuryHotel 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 2009 and December 2009. 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, allcorrespondence 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 bemade 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. The lead passenger must be over 18 years old and have the legal capacity and authority to book as the lead passenger on behalf of all the other passengers.
PAYMENTS
Except as otherwise provided below, a deposit is payable and must be forwarded to the Company together with the completed and signed booking form. The deposit amountwill vary depending on the holiday booked, length of stay, the policies of third party providers (such as hotels, villa and airlines) and other charges incurred by the operator.Upon receipt of this theCompanywill forward our confirmation invoice and payment of the balance is due no later than 8weeks before departure. If the booking is made within 10 weeks of departure, full payment is required at the time of booking. If the holiday ismade through a travel agent, allmonies 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.
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 whichmight 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 2008 using the prevailing exchange rates. At no time is the Company liable to give a breakdown of costs.
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% |
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We strongly recommend that you take out full insurance which will, in most cases,
cover against loss of deposit or cancellation charges.
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.
CHANGES BY YOU TO A BOOKINGWHILST 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.
CANCELLATION OR ALTERATION BY US
i) It is unlikely that we will have to make any changes to your travel arrangements. However, theremay be occasions when we have tomake 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 themat 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 tomake amajor 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 ‘forcemajeure’ include any eventwhich 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.
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 formpart 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, youmust 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.
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 www.fco.gov.uk. Alternatively you can contact the ABTA information department on 0207 307 1907. You are responsible for ensuring you and your party are aware of all check-in requirements and we accept no liability for noncompliance with these rules and regulations.We accept no liability for you or your holiday if you do not comply with all airline, hotel and other third party provider's policies and security requirements.
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 formeals, overnight accommodation etc. should bemet by your airline. Conditions of carriage are available on request.
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 facilitymay 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.
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, themattermay (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.
BONDING
All holidays in this brochure are covered by the Civil Aviation Authority Air Travel Organiser’s Licence ATOLNumber 5790. Azure is the trading name of theCompany.
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).
DATA PROTECTION
During the course of booking your holiday, the Company will be receiving personal data fromyou, 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.
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. |