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Terms

 
Terms and Conditions


All content and pricing on our website is subject to availability and may change out with our control. Prices advertised are per person, based on 2 sharing unless otherwise specified. Prices are a guide and may not include relevant supplements and/or benefits. Images and descriptions are to be used as a guide as these can vary and your Cruise Expert will confirm at the time of booking. Please call and speak to our Cruise Experts for up to date, accurate pricing and advice.

CruiseKings sells travel services on behalf of Hays Travel Limited and benefits from Hays Travel’s membership of ABTA with membership number P6359. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com. We recommend that you read the information below.

If we act as an agent the ATOL and booking conditions of the relevant travel company will apply. You will find a full copy of these in their current brochure. If we have packaged your holiday for you the following booking conditions apply - click here.

Introduction

These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Stewart Travel trading as CruiseKings of 20 Renfield Street, Glasgow G2 5AP.

Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

If you have any further questions after reading these Booking Conditions then please contact our customer services team who will be happy to help you.

We are an Accredited Body Member of Hays Travel Limited, ATOL 5534.

This means that Hays Travel allow us to trade under their ATOL in accordance with the terms of Accredited Body membership.

We sell travel services on behalf of Hays Travel and benefit from Hays Travel’s membership of ABTA with membership number P6486. If you have any further questions after reading these booking conditions then please contact our Customer Services team who will be happy to help you.

We act only as an agent – usually as the agent of suppliers of travels services and sometimes as your agent in booking certain "no-frills" flights. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.

Prices displayed are from, and are subject to availability. We cannot guarantee the availability of a holiday or flight at an advertised price although we do our utmost to ensure that all details relating to prices, pictures and all other information on our websites is correct, however some details may have changed by the time you book your holiday or travel arrangements. We make every effort to ensure the accuracy of our data, however you must ensure you check all details at the time of booking, and not rely solely on the information contained on any website ran by us.

Some prices shown may be based on certain occupancy levels for the accommodation. For up to date pricing please contact us for full contact details. The price of holidays and flights are in sterling usually inclusive of all taxes unless otherwise indicated.

Booking

By making a booking, you agree on behalf of all persons detailed on the booking that you have read these terms and conditions and agree to be bound by them; you consent to our use of information in accordance with our Privacy Policy; and you are over 18 years of age.

When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make any charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport.

Payment

You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.

Payments by credit cards are subject to a 2.5% handling fee.

Your contract

When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline or other supplier) named on your booking summary. For most bookings we act as agent for the supplier but we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier's Terms & Conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.

You may wish to purchase flights, hotel, car rental, transfers or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations; and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.

Charter flights

When you book your flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider.

When we act as your Agent

When making a booking with most 'no frills' or low cost airlines we are acting as your agent to find flight services for you, on terms to suit you. This applies mainly to low cost airline bookings made via our website. At the time of booking, we will inform you if we are acting in that capacity. In relation to such bookings, you appoint us to source those services on your behalf. Monies paid to us for such services are held by us on your behalf until they are paid to the flight provider in question. Please note that payment by you to us does not constitute payment to the travel service provider whose services we have sourced and if we collect monies from the travel service provider on your behalf, the travel service provider's liability to pay that money to you is discharged. We accept no liability in relation to any contract you enter into or for any low cost flight services or the acts or omissions of any flight supplier(s). For all 'no frills' flight arrangements, your contract will be with the supplier(s) in question. Your booking for 'no frills' flights is subject to this clause and the specific booking conditions of the relevant supplier(s) we source for you and you are advised to read both carefully prior to booking. By making a booking for which we are acting as your agent, you agree to the terms of this clause.

Cancellation and Amendment

Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and you also must pay us any applicable administration charges.

Changes or Cancellations by the Supplier

We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

Our Service Charges

In certain circumstances we apply service charges which will be shown on your booking confirmation as follows:

Credit card fees (see Payment section above) "Administration Fee for Supplier Failure Cover" (see Your Financial Protection section below) "Flight Plus" (see Flight-Plus section below) "Service Charge" – a charge for the booking agent services we provide to you.

Please note that the term Service Charge does not refer to us putting together a holiday package, it is our standard charge for the service of acting as booking agent.

Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Complaints

The contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

If you wish to complain when you return home, write to the supplier as set out in your booking confirmation. We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are set out in these booking conditions.

Your Financial Protection

Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking.

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines unless they are part of a Flight-Plus. Where necessary, we will add supplier failure insurance to your booking automatically. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation.

ATOL Protected

Our ATOL number is 10531. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

ABTA

We are a member of ABTA, membership number P6359 . We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn't apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday.

Special Requests

If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.

Insurance

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

Accommodation Ratings and Standards

Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.

Room Allocation

After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on check-out.

Building Work

From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If we are notified of such works we will inform you before you make your booking or within a reasonable time of us being notified.

Elderly/Disabled Clients

We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests before a booking is confirmed.

Delivery of Documents

All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other documents need to be reissued.

Passports, Visas and Health

We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.

Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.

Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.

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 Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

Behaviour

Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

Privacy policy

This Privacy Statement sets out how we comply with European Union data protection requirements. This applies to the entire web site. Any changes to these policies will be notified to you on the web site homepage and will be included in the updated Privacy Statement.

We are committed to respecting your privacy. We have structured our web site so that, in general, you can visit us on the web without identifying yourself or revealing any personal information. Once you choose to provide us with any information by which you can be identified, Then you can be assured that it will only be used in accordance with this Privacy Statement.

What we collect

We may collect the following information as submitted to our web site by you:
A contact name (you should ensure that you have the consent of any individual’s details submitted), your phone and fax numbers, your email address, your preferred user name, additional information and your preferred password.

We may also ask you to provide us with information regarding your personal or professional interests, demographics, experiences with our products, and contact preferences in order to provide you with further correspondence about our products and services.

Some pages use cookies, a data analysis technique. In order to learn more, please see the section on ‘How we use Cookies’ below.

In operating our website we may collect and process the following data about you:

i. Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.

ii. Information that you provide by filling in forms on our website, such as when you registered for information or make a purchase.

iii. Information provided to us when you communicate with us for any reason.

What do we do with the information we gather

We require this information to understand your needs and provide you with a better service. We may use the information to improve our products and services and for research purposes.

Our representatives will usually follow up, either by e-mail, phone, fax or mail, to people who have registered their details.

We may periodically send promotional e-mail about new products, special offers or other information which we think you may find interesting using the e-mail address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, phone, fax or mail.

Who we share the information with and your choices

When you use this site and have not advised us to the contrary, you are agreeing that we may use your personal information for the purposes set out in this statement. We may sell, distribute or lease your personal information to third parties, unless you tell us that you do not wish this to happen. This may include direct marketing agents.

This process may include sending personal information outside of the European Economic Area and, if necessary, across international borders. The data protection laws in these countries may not be as extensive as in the European Economic Area. However, we have taken appropriate steps to ensure the same level of protection for the processing carried out in these countries as within the European Economic Area. If you have not previously objected to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us.

What if you think we have incorrect information or you would like a copy of the information we hold about you

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. This fee will not exceed £10. If you would like a copy of the information held on you please write to:

Data Protection Compliance Officer
CruiseKings.co.uk
133/135 Main Street
Ayr
KA8 8BX

If you believe that any information we are holding on you is incorrect or incomplete, please write to us as soon as possible to the above address. We will correct any information which was found to be incorrect promptly.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line.

Other web sites

Our web site may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site you should note that we do not have any control over that other web site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Privacy Statement. You should exercise caution and look at the Privacy Statement applicable to the web site in question.

Monitoring

To ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record: (1) your telephone calls; (2) customer activities using CCTV recording equipment in and around our premises; and (3) customer transactions and activities on our website. All recordings are and shall remain our sole property.

How we use cookies

A cookie is a piece of text which asks permission to be placed on your computer’s hard drive. Once you agree, your browser adds that text in a small file.

A cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

For example, when you visit an electronic store, a cookie makes it easier to shop, by allowing you to place things into a shopping basket; the basket itself is not the cookie, the cookie is placed on your hard drive and keeps track of your basket versus others in use at the same time.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our web site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Denial of a traffic log cookie should not prevent you from using one of these sites.

Overall, cookies help us provide you with a better web site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. This practice is strictly in force. We know that people have concerns about cookies, but we believe that the benefit we both gain from their proper use is worthwhile. You may set your web browser (Microsoft internet explorer or Netscape navigator) to notify you of cookie placement requests or decline cookies completely. You can delete the files that contain cookies - those files are stored as part of your internet browser. For further information, please contact us.

Disclaimer

We endeavours to provide up-to-date and accurate information on the websites ran by us. However, we disclaim any responsibility for the currency and accuracy of information contained on any website ran by us.

We do not warrant that the functions and material contained in our websites will be uninterrupted or error free, that defects will be corrected, or that the sites or the servers that makes it available are free of viruses.

Any information used from our websites is done so at the user's own risk and no claims for liability or damages will be entertained.

Indemnification

You agree to defend and indemnify us against any claims, demands, recoveries, losses, causes of action, fines, penalties, or expenses (including but not limited to legal fees and accounting fees) that may occur in connection with the use of any website ran by us, your breach of these website Terms and Conditions or your violation of any law or the rights of any third party.

These terms and conditions shall be governed by the laws of Scotland. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland. You hereby consent to the exclusive jurisdiction of the Scottish courts in all disputes arising out of or relating to the use of our websites. Use of our websites is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on our websites, the services offered by or on behalf of us, any information relating to such services and our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.

We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material contained in our websites and/or use of or access to any other information or material via web links from our sites or any inability to access or use our websites.

These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via Web Sites or supplied by an identified Third Party, where consistent with our applicable booking conditions. If any of these exclusions, in whole or part, is found to be unlawful, void or for any other reason unenforceable, that exclusion or part of the exclusion shall be deemed severable and shall not affect the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s) in question.

Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on our websites and/or any services offered by us or on our behalf.

The carriage of passengers and their baggage is subject to provisions of the Warsaw convention (as amended if applicable) national legislation and the carriers conditions of carriage.

Copyright

We may at any time revise these terms and conditions without notice. Please check regularly. Continued use of websites ran by us after a change has been made is your acceptance of the change.

These Terms and Conditions were last updated on 29th March 2013.

The names, images and logos identifying us are our copyright.

The logos and artwork on websites ran by us are the copyright of the information providers and use of them is strictly prohibited without prior authorisation. Any use of text provided by us is allowed within the Fair Dealing terms of the Copyright, Designs and Patents Act 1988, i.e. for research and private purposes. If the text is changed in any way, resulting document cannot be credited to us. If a commercial or public use is required from any of the pages, application must first be made to us.

If you believe that your copyright has been infringed, please contact us and supply us details of the work, where it is on our site, and a statement that reproduction has not been authorised.

Other product and company names mentioned on the websites may be the trademarks of their respective owners.

CruiseKings.co.uk is a trading name of Stewart Travel Ltd, a division of Hays Travel Ltd.

General Health Information for Travellers

Introduction

We strongly encourage travellers to discuss their travel plans with their GP, practice nurse or private travel clinic. It is during this discussion that hazards specific to your destination can be identified, and advice on avoiding them can be given.

Why do I need to go for pre travel health advice?
A pre travel consultation does not just involve injections. In fact the majority of hazards faced by travellers abroad are not prevented by vaccines. The pre travel consultation will identify these hazards and provide you with the opportunity to discuss how these risks can be reduced. Examples include:

  • Traveller's Diarrhoea
  • Food and Water Hygiene
  • Insect bite avoidance
  • Traveller's thrombosis (DVT)
  • Travel Insurance

The benefits of a pre travel consultation are:

  • Up to date verbal and written advice on a range of travel health issues
  • Information about recent disease outbreaks
  • Travel health vaccinations, malaria tablets and other medications

Which travellers should go for a pre travel consultation?
Anyone planning a trip outside of Western Europe, the States, Canada, Australia and New Zealand, should discuss their travel plans with a health professional. Generally the risk of infectious disease is greater in resource poor countries; however certain advice will be applicable to all travellers regardless of their destination. For example travellers to Mediterranean resorts should still protect themselves against insect bites, the damaging rays of the sun, and avoid risky behaviour.

There are certain travellers in whom a pre travel consultation is particularly important, these include:

  • Babies and young children
  • The elderly
  • Pregnant or breastfeeding women
  • Those with pre-existing medical conditions

Travel advice for these individuals should be specifically tailored to their needs.

How long before I travel should I seek advice?

As a general rule, 6-8 weeks prior to travel will give ample time for all necessary vaccines to be completed.

For those planning longer trips into remote areas, courses of vaccines may be recommended which can take several weeks to complete.

It is still worth seeking health advice even at the last minute, as there are some vaccines that can be given at short notice, it is always worth taking malaria tablets for last minute travel, and travellers will benefit from the preventative advice.

For more advice, please contact your GP, practice nurse or travel health clinic.

Booking Conditions • When we have packaged your holiday for you

Your Holiday Contract

1. Your booking is made with Stewart Travel Tours Operating Ltd ("us", "we"), and the following terms and conditions" booking conditions") form the basis of your contract with us. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have read the booking conditions and agree to them.

2. In these booking conditions, "you" and "your" means all of the people named on the booking (including anyone who is added or substituted) or any one of them, as the context requires, and "lead passenger" means the person who makes the booking.

Before you book

3. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Advice can be found at www.gov.uk/knowbeforeyougo.

4. Health / Vaccinations
You should contact your GP or a specialist vaccination centre for details of the measures you will need to take prior to departure.

5. Experiences
We offer various "experiences" and activities which you can pre-book with us as part of your holiday arrangements. Some of these experiences and activities may require you to be in good physical and mental health and, by booking with us, you confirm that you and your party are in good health with no medical history that would make it dangerous for you to participate. You must observe safety instructions at all times. We will only accept responsibility if it is caused by our negligence. The experiences and activities are subject to minimum numbers, and may be cancelled at short notice. In such circumstance, you will receive a full refund of monies paid for the activity in question.

6. Locally Advertised Excursions
On occasion we may advertise details of local excursions which cannot be booked through us, however, such excursions are subject to supply and demand and may not always be available locally.

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

Booking and Paying For Your Holiday

7. When you confirm a holiday booking you must pay a deposit of either £250 per person or 10% of the holiday cost, whichever is the greater, or any higher deposit which applies to your holiday (for example if a supplier requires full payment at the time of booking). The deposit will only be refundable as set out in these booking conditions.

8. Bookings made directly on our website or within 90 days of your departure date require full payment at the time of booking. Some of our third party suppliers take payments earlier than 90 days if this is the case you will be advised of this balance due date on your confirmation.

9. Some special offer flights will need to be paid in full at time of booking and are non-refundable should you subsequently cancel. Please also refer to 21 (Cancelling Your Holiday).

10. After your booking is taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due. Full payment must be received not less than 90 days before departure. If we or your travel agent have not received full payment at least 90 days before departure, we reserve the right to treat your booking as cancelled by you and to retain the deposit paid. If we do not choose to treat your booking as cancelled immediately because you have promised to make payment, if you still do not make full payment the cancellation charges shown at 21 will become due depending on the date we reasonably treat your booking as cancelled.

11. Any supplements to be added to the cost of your holiday will be quoted to you at the time of booking. They do not necessarily indicate that any additional services will be provided.

12. We make a charge for payment by credit card.

13. We reserve the right to cancel a booking which has been made at an incorrect price. When we become aware of any such pricing error, we will notify you as soon as reasonably possible. You will be given the option of accepting the correct price for your holiday or booking an alternative holiday.

14. We will arrange to provide you with the various services which form part of the holiday you book with us. Before your booking is confirmed and a contract comes into existence, we reserve the right to increase or decrease, and correct errors in, advertised prices and to change any of the holiday details advertised. Any changes will be made known to you at the time of booking.

15. A booking is not accepted until we issue an invoice. The date shown on the invoice is the date of booking. It is important to check the details on the invoice when you get it. If any details appear to be incorrect or incomplete, please contact us or your travel agent immediately as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

16. Your Financial Protection

1. When you buy a flight inclusive package holiday from us it is authorised under our ATOL number 10531 and protected under the ATOL scheme.

2. We, or the suppliers of the services you have bought, will provide you with the services you have bought (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

3. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

4. All money you pay to a travel agent is held by them on behalf of the Trustees of the Air Travel Trust, subject to their obligation to pay it to us as long as we do not fail. If we fail, any money held by the agent, or subsequently accepted from you by them, is and continues to be held on behalf of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

17. Out Of Date Range Flights
Scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before departure. Should this apply we will inform you at the time of booking and calculate the price in anticipation of seats being available. We will issue an invoice recording the arrangements reserved for you and will take a deposit. The price payable by you will be that applicable when the airline releases the seats. The timings and other flight details may be different to those advised at the time of booking. When the airline seats become available to book we will tell you the price and other flight details and give you 7 days to tell us whether you wish to continue with the booking on the basis of the confirmed price and other details or cancel and receive a full refund. If you wish to continue with the booking, we will issue a revised invoice. In the event that flight seats do not become available, you will receive a full refund of your deposit. We will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.

18. Insurance
You should take out appropriate travel insurance which provides cover against loss of deposit or cancellation fees and against medical costs. Please read your policy details carefully and take them with you on holiday.

If You Want To Change Or Cancel Your Holiday

19. Changes Or Additions To Your Holiday
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. If it is possible to make the change, it will be subject to an administration charge of £75 per booking, and payment of any further costs we incur in making this alteration. If we agree that you may change your booking to a holiday of lower value, and then you cancel that holiday, we reserve the right to levy cancellation charges on the value of the original booking. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare.

20. Transferring Bookings
You may transfer the booking to another. An administration charge will be made of £50 per person for transfer requests made more than 61 days before departure, and £100 per person within 61 days before departure. You must also pay any further costs we incur in making this transfer. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to include the full cost of the flight.

21. Cancelling Your Holiday

1. If you or anyone on your holiday booking wishes to cancel the holiday, the lead name must notify us as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24 hours by the lead name. Cancellation will take effect when we are notified provided that written confirmation is received by us within 24 hours of the original notification.

2. The following charges will be payable depending on when the notification of cancellation is received. References to the deposit include all sums paid or payable at the time of booking.

Time of cancellation (Days prior to departure)

Cancellation charge per person

91 days or more

Loss of deposit

90-56 days

50% of total holiday cost *

55-42 days

60% of total holiday cost *

41-16 days

90% of total holiday cost *

15 days or less

100% of total holiday cost *

* or loss of deposit if greater

3. Please also note that airline ticketing deadlines may apply, resulting in higher cancellation charges. Please ask for details at the time of booking .Insurance premiums and amendment charges are not refundable in the event of cancellation. We regret that no refund can be considered until all travel documentation has been returned to us. Note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

If We Change Or Cancel Your Holiday

22. Flight Details
Flight times, carriers and routes advertised and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation.

Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

Airlines occasionally change the type of aircraft used without advance warning. Scheduled and charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we ourselves are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction in the duration of your holiday, we will offer you a refund of any applicable costs. Any change in the airline providing your flights, flight timings and/or aircraft type will not entitle you to cancel or change your other holiday arrangements without paying our normal charges.

23. If We Change Or Cancel Your Holiday Before Your Departure

1. We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers, such as airlines and hotels, over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to change or cancel your holiday at any time. If we have to make a significant change or cancel, we will tell you as soon as possible.

2. A significant change includes a change of accommodation to that of a lower category or price for the whole or a major part of your time away, a change of flight time of more than 12 hours, a change of UK departure airport (except between London airports), or a significant change of resort area.

3. We will only cancel your confirmed booking after you have made full payment where we are forced to do so by a Force Majeure Event (see24)or if the minimum number of clients required for a particular travel arrangement is not reached.

4. Alteration to Itinerary: We regret we cannot guarantee that ships will call at every advertised port or follow every part of the advertised itinerary. The Operator’s suppliers and Master of the Ship have the right to omit ports or call at additional ports. In addition the operator cannot be held responsible for any failure of a supplier to meet the arrival or departure times advertised.

4. Where there has been a significant change to your holiday, if there is time to do so before departure, we will offer you the choice of the following options:

1. accepting the changed arrangements; or

2. accepting 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); or

3. cancelling, in which case you will receive a full refund.

5. If we have to make a significant change or cancel we will pay you the compensation payments set out in the table below, unless:

1. we are forced to make a change or cancel by a Force Majeure Event (see 24);

2. we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached;

3. we cancel as a result of your failure to comply with any significant requirement of these booking conditions (such as making payment on time).

Time of significant change or cancellation (days prior to departure)
Compensation per person

More than 60 days

Nil

60-42 days

£20

41-33 days

£30

32-15 days

£40

14 days or less

£50

6. No compensation is due for changes that are not significant changes. Examples of minor changes include change of flight time of less than 12 hours, changes to aircraft type and change of accommodation to another of the same standard.

24. Force Majeure
We shall not be in breach of our contract with you nor liable for delay in performing, or failure to perform, any of our obligations under our contract with you if such delay or failure results from events, circumstances or causes beyond our reasonable control (Force Majeure Event), including but not limited to, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire or unavoidable technical problems with transport.

On Holiday

25. Behaviour
If in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger or upset or persistently affect the enjoyment of others, or to cause damage to property, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid and we will have no further responsibility for your holiday arrangements (including any return travel).

26. If You Have A Complaint While You Are On Holiday
If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by phone or email and we will endeavour to assist. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.

If a problem remains unresolved during your holiday, you should make a complaint in writing to us within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will reply to you within 28 days of receipt of your letter.

Our Liability to You

27. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you in respect of:

1. any breach of our contract with you; or

2. any representation, statement or tortious act or omission (including negligence) arising under or in connection with our contract with you.

28. Nothing in these booking conditions shall limit or exclude our liability for:

1. death or personal injury resulting from negligence; or

2. fraud or fraudulent misrepresentation; or

3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

4. any other liabilities for which it would be illegal or unlawful for us to limit or exclude that liability.

29. We shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any damage, expense, cost or other sum or claim of any description whatsoever which results from:

1. your acts or omissions; or

2. a Force Majeure Event (see 5.5)

30. Without prejudice to clauses 28 and 29, our total liability arising under or in connection with our contract with you, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to a maximum of three times the cost of your travel arrangements. 31. Our liability will also be limited in accordance with and/or in an identical manner to:

1. The contractual terms of our suppliers (such as airlines, accommodation or transport providers)that provide your travel arrangements. These terms are incorporated into this contract; and

2. Any relevant international convention, for example 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, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Copies of the transport companies' contractual terms, or the international conventions, are available on request.

32. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.

33. We accept no responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort.

Data Protection Policy

34. For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what's required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs ("sensitive personal data"). All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us.

35. Appropriate personal data will be passed on to the relevant suppliers of your arrangements and any other third party (including banks and/or credit card issuers) who need to know it so that your holiday can be provided. The information may also be provided to government / public authorities such as customs, immigration and the security services if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. We may disclose personal data to companies in our group of companies for business purposes and to companies who act as data processors on our behalf. On occasions, we may use other companies to provide services on our behalf, such as mailing brochures and marketing material. We only provide third parties with the personal data they require in order to deliver their services. Other than in relation to government / public authorities (over whom we have no control), we will take appropriate steps which are intended to ensure that anyone to whom we pass your personal data for any reason agrees to keep it secure and only uses it for the purposes of providing their services. In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.

36. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling. For example, if you contract an infectious illness whilst on holiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately.

37. We would also like to store and use your personal data for future marketing purposes. We will use only names and contact details for marketing purposes. If you do not wish to receive future marketing material, please notify us in writing.

Governing Law

38. Your contract with us and any dispute or claim arising out of or in connection with it shall be governed by the law of England and Wales.

39. You and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with the contract between us.

40. Insurance: It is a condition of booking your holiday that you take out suitable insurance cover before you travel. If you chose not to take out our recommended policy then it is essential that you provide us with details of your own policy which must offer sufficient or comparative cover.

 

 
 
 
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