TERMS & CONDITIONS
1. Contract
Airliner Ltd whose registered office is at Airliner
Ltd, 3rd Floor Pembroke House, 5-9 Pembroke Road,
Ruislip Middlesex, HA4 8NQ. These Booking conditions
govern all bookings with Airliner Ltd t/a Luxurytrips.co.uk.
They vary depending on whether you book a “package” or “other
holiday arrangements”.
A “package” is a combination of at
least two of the following:- (a) transport (b)
accommodation (c) another tourist service, providing
those two or more components are sold to you at
the same time at an inclusive price with full payment
being made to the Company. Anything else (e.g.
air tickets only, air tickets and accommodation
booked at different times or a cruise only) constitutes “other
holiday arrangements”, which the Company
makes as a booking agent, your contract being with
the provider(s) (e.g. the airline or hotel) concerned,
a copy of whose conditions are available on request.
Any booking made or order placed by you, whether
through the Company’s website or otherwise,
shall be deemed an offer by you to purchase the
relevant package or other holiday arrangement subject
to these booking conditions. No contract between
you and the Company shall come into existence until
the Company accepts full payment and issues a confirmation
invoice. All contracts with the Company and all
matters arising from them are subject to English
law and to the exclusive jurisdiction of the courts
of England and Wales. The person who makes the
booking accepts these conditions on behalf of all
members of the party and is responsible for all
payment due from the party. Booking services with
the company are currently only available to persons
who are at least 18 years old. By submitting a
booking you warrant and confirm to us that you
comply with those arrangements.
2. Your Financial Protection
The Package Travel, Package Holidays and Package
Tours Regulations 1992 require us to provide security
for the monies that you pay for the package holidays
booked from this brochure and for your repatriation
in the event of our insolvency. We provide this
security by way of [a bond held by the Civil Aviation
Authority under ATOL number 9482 a bond held by
Airliner Ltd.
If you book other holiday arrangements the financial
protection referred to above does not apply.
3. Payments
DEPOSIT -No booking will be confirmed unless the
required deposit has been received by The Company.
Deposits are nonrefundable. Fares are not guaranteed
until full payment has been received.
BALANCE - You must pay the balance by the due date
shown on the confirmation. Please note that for
some telephone bookings full payment may be required
IMMEDIATELY i.e. before you receive confirmation.
If this applies you will be advised when the booking
is made. It is very important that you pay balances
when due because failure to do so may lead to the
cancellation of your holiday and still leave you
liable to the cancellation charges. Where an extra “booking
charge” applies this will have been advised
at the time of booking. All credit card payments
are subject to a 2% charge (3% for American Express).
4. Alteration & Cancellation by you:
CHANGING YOUR ARRANGEMENTS
If you wish to change any item - other than increasing
the number of persons in your party - and providing
we can accommodate the change, you will have to
pay an amendment fee per person. These fees can
vary greatly and will be advised at the time changes
are made. All changes must be confirmed to us in
writing.
Please be aware that some travel arrangements cannot
be changed once a reservation has been processed
and therefore amendment charges could be as great
as the total cost of your holiday. Certain travel
arrangements (e.g. restricted fare tickets) cannot
be changed or cancelled after a reservation has
been made and any alteration will incur a 100%
cancellation charge.
5. Cancellation prior to departure
Should you or any member of your party be forced
to cancel your holiday prior to departure, we must
be notified in writing by the person who made the
booking and who is therefore responsible for the
payment of the cancellation charges
CANCELLATION AFTER TICKET ISSUE: will result in
loss of 100% of total cost of all travel arrangements
in most cases. Please consult your reservation
adviser.
CHARTER FLIGHTS carry a 100% cancellation fee both
before and after ticket issue.
6. Cancellation and changes by the Company
It is unlikely that we will have to make any changes
to your travel arrangements however occasionally,
we may have to make changes and we reserve the
right to do so at any time. Most of these changes
will be minor and we will advise you of them at
the earliest possible date. We also reserve the
right in any circumstances to cancel your travel
arrangements. For example, if the minimum number
of clients required for a particular travel arrangement
is not reached, we may have to cancel it. However,
we will not cancel your travel arrangements less
than 8 weeks before your departure date, except
for reasons of force majeure or failure by you
to pay the final balance. If we are unable to provide
the booked travel arrangements, you can either
have a refund of all monies paid or accept an offer
of alternative travel arrangements of comparable
standard from us, if available (we will refund
any price difference if the alternative is of a
lower value). If it is necessary to cancel your
travel arrangements, we will pay to you compensation
as set out in this clause, except where the reason
for the cancellation is circumstances amounting
to force majeure (see clause 7).
In accordance with EU Regulation 2111/2005 we are
required to advise you of the actual carrier operating
your flight/connecting flight/transfer. Any changes
to the actual airline will be notified to you as
soon as possible. Such a change is deemed to be
a minor change. Other examples of minor changes
include alteration of your outward/return flights
by less than 12 hours, changes to aircraft type,
change of accommodation to another of the same
standard.
If we make a major change to your holiday, we will
inform you as soon as reasonably possible if there
is time before your departure. You will have the
choice of either accepting the change of arrangements,
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 cancelling your booked
holiday and receiving a full refund of all monies
paid. In all cases, except where the major change
arises due to reasons of force majeure, we will
pay compensation as detailed below:
Period before departure within which notice of
Cancellation or major change is notified to you
Credit/compensation per full paying passengers
(excluding infants)*
More than 56 days NIL
43-56 days £10
29-42 days £20
8-28 days £30
0-7 days £40
* For children invoiced at reduced rates, credit/compensation
will be paid on a pro rata basis of the adult rate.
7. Force Majeure
“Force Majeure”: includes war, threat
of war, riot, civil disobedience or strife, industrial
dispute, terrorist activity, natural or industrial
disaster, fire, adverse weather conditions, level
of water in rivers, unavoidable technical problems
with transport, or unavoidable event beyond the
Company’s control.
8. Pricing Policy
All fares and other information are subject to
availability. Once a confirmation invoice has been
issued the price shown on that invoice may only
vary as outlined below or if you amend your booking.
While every effort is made to avoid surcharges,
the right is reserved to pass on any cost increase
levied by the suppliers. No surcharge will ever
be levied for air tickets after we have received
full payment in cleared funds and tickets have
been issued. (b) “Packages”: Prices
may only be changed to reflect government action,
increase in transportation costs (e.g. airfares
and cost of fuel), changes in dues and taxes (including
VAT) or fees payable for services (e.g. landing
taxes or embarkation/disembarkation fees at ports
and airports) or to reflect fluctuations in exchange
rates. In the case of an increase in cost the Company
will absorb an amount equivalent to 2% of the invoice
price (excluding insurance premiums and amendment
charges) and you will be asked to pay the remainder.
In the case of a decrease in cost of over 2% of
invoice cost, a refund will be paid to you.”
9. Dispatch of Travel Documents/e-tickets
The address for all documentation will be that
given at the time of booking. Documents will normally
be dispatched 14 days before departure. N.B. For
bookings made within 14 days of departure it may
be necessary for you to collect your air tickets
at the airport. Any other vouchers will be posted/faxed/emailed
to you direct. For additional security scheduled
airline tickets are usually sent by Recorded Delivery
and in this event it is your responsibility to
ensure receipt/collection. LATE BOOKINGS may also
require Registered/Courier delivery of documents
in which case the appropriate charges will have
been advised at the time of booking. Do not be
alarmed if you don‚t receive traditional
flight tickets. Several carriers have replaced
these with electronic/e-tickets. These are printed
on simple A4 pieces of paper with a specific number
for each passenger. Other carriers only require
confirmation number and do not issue any documentation
at all.
10. If you have a complaint
If you have a problem during your holiday, please
inform the relevant supplier (e.g. your hotelier)
and our resort representative immediately who will
endeavour to put things right. If your complaint
is not resolved locally, please follow this up
within 28 days of your return home by writing to
our Airliner Ltd, 3rd Floor Pembroke House, 5-9
Pembroke Road, Ruislip Middlesex, HA4 8NQ or via
email to info@luxurytrips.co.uk giving your booking
reference and all other relevant information. Please
keep your letter concise and to the point. This
will assist us to quickly identify your concerns
and speed up our response to you. It is strongly
recommended that you communicate any complaint
to the supplier of the services in question as
well as to our representative without delay and
complete a report form whilst in resort. If you
fail to follow this simple procedure we will have
been deprived of the opportunity to investigate
and rectify your complaint whilst you were in resort
and this may affect your rights under this contract.
11. Our liability to you
If the contract we have with you is not performed
or is improperly performed by us or our suppliers
compensation, where appropriate, will be paid.
However we will not be liable where any failure
in the performance of the contract is due to: you;
or a third party unconnected with the provision
of the travel arrangements and where the failure
is unforeseeable or unavoidable; or unusual and
unforeseeable circumstances beyond our control,
the consequences of which could not have been avoided
even if all due care had been exercised; or an
event which we or our suppliers, even with all
due care, could not foresee or forestall.
Our liability, except in cases involving death,
injury or illness, shall be limited to a maximum
of 2 times the cost of your travel arrangements.
Our liability will also be limited in accordance
with and/or in an identical manner to:
a) The contractual terms of the companies that
provide the transportation for your travel arrangements.
These terms are incorporated into this contract;
and
b) 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.
You can ask for copies of the transport companies’ contractual
terms, or the international conventions, from our
offices, Airliner Ltd, 3rd Floor Pembroke House,
5-9 Pembroke Road, Ruislip Middlesex, HA4 8NQ.
Under EU law (Regulation 261/2004) 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. If your airline does not comply
with these rules you should complain to the Air
Transport Users’ Council on 020 7240 6061
www.auc.org.uk
12. Prompt assistance in resort
If the contract we have with you is not performed
or is improperly performed as a result of failures
attributable to a third party unconnected with
the provision of the services, or as a result of
failures due to unusual and unforeseeable circumstances
beyond our control, the consequences of which could
not have been avoided even if all due care had
been exercised, or an event which we or our suppliers,
even with all due care, could not foresee or forestall,
and you suffer an injury or other material loss,
we will offer you such prompt assistance as is
reasonable in the circumstances.
13. Passports, Visas and Health Requirements
Clients not holding passports marked “British
Citizen” must check applicable requirements
with their Embassy, Consulate or the British Foreign
Office. Please ensure that you are aware of all
passport and visa requirements and that you allow
adequate time to obtain them. Please note that
many countries require that your passport is valid
for six months beyond the period of your stay.
Requirements can change and it is your responsibility
to ensure that you comply with applicable passport,
visa and health requirements and take all necessary
documents with you to gain access to any country
or region to which you make travel arrangements.
If you fail to do so, you will be solely responsible
for any cost, loss or damage which you or the Company
incurs as a result of your failure.
14. Behaviour
It is your responsibility to ensure that
you and the members of your party do not behave in
a way which causes offence or danger to others or
which risks damage to property belonging to others.
In such circumstances all suppliers (e.g. hotel managers,
airline pilots) and the Company have the right to
terminate arrangements made on your behalf, in which
case the Company’s responsibility to you ceases
immediately and there can be no refunds, no payment
of compensation and no reimbursement of any cost
or expenses you may incur as a result. Further, you
will be liable to reimburse the Company for any expenses
whatsoever it incurs as a result of your behaviour.
15. Flights
Please note that a flight described as “direct” will
not necessarily be non-stop. All departure/arrival
times are provided by the airlines concerned and
are estimates only. They may change due to air
traffic control restrictions, weather conditions,
operational/maintenance requirements and the requirement
for passengers to check in on time. The Company
is not liable if there is any change to a departure/
arrival time previously given to you or shown on
your ticket. It is for this reason that all clients
are required to reconfirm their flights, with the
airline, 72 hours prior to departure. The Company
is also unable to make any special arrangements
for you if you are delayed; these matters are in
the sole discretion of the airline concerned. Your
ticket is your document of travel and the information
on the ticket is deemed correct unless the Company
is advised by you within 72 hours of receipt.
16. Pre Travel Advice
The Foreign and Commonwealth Travel
Advice Unit may have issued information about
your holiday destination. You are advised to
check this information internet under the address
www.fco.gov.uk. Alternatively, you can contact
the ABTA information Department on 0906820520
(calls charged at 50p/minute).
17. Travel Insurance
We strongly recommend that you take
out travel insurance for your whole journey.
18. Special Requests and Medical Problems
If you have any special requests, please
advise us at time of booking. Although we will
endeavour to pass any such requests on to the
relevant supplier, we regret we cannot guarantee
any request will be met. Failure to meet any
special request will not be a breach of contract
on our part. If you have any medical problem
or disability which may affect your booked arrangements,
you must advise us in writing at the time of
booking giving full details. If we feel unable
to properly accommodate your particular needs,
we must reserve the right to decline/cancel your
booking.
19. Building Works
We cannot be held responsible for continual
destination development but we will endeavour to
advise you of any building work that we consider
will affect the enjoyment of your holiday.
20. Early Accommodation Check-Out
If, for whatever reason, you check-out
early from your pre-booked accommodation you
are not guaranteed any form of refund for unused
nights. The information given to you by hotel
staff may be incorrect in respect of refunds.
Our contracts are with our suppliers and not
hotels/apartments/villas directly and we must
adhere to their terms and conditions.
21. Villa Security Deposits
It is to be noted that a security deposit
of USD$250 is required for villa accommodation
on collection of keys. By acceptance of these
terms and conditions you agree your credit card
will be debited locally for this facility.
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