Far East - Hays Faraway

Booking conditions | 107

Hays Tour Operating Limited booking conditions (abbreviated)

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cover against loss of deposit or cancellation fees and against medical costs. Please read your policy details carefully and take them withyou on holiday. Changes OrAdditionsToYourHoliday Ifyouwant tochangeanypartofyourholidayarrangementsafter 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 £50 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 cancellationchargeson thevalueof theoriginalbooking.Scheduled airlines normally regard name changes as a cancellation and rebooking,andanyalterationmay incura100%cancellationcharge in respect of the air fare. TransferringBookings (refer toHaysFarawaywebsite for fullbooking conditions) CancellingYourHoliday 4.3.1 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 inwritingorbye-mailwithin24hoursby 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. 4.3.2 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 ofcancellation (days prior to departure) Cancellation charge perperson 70 days ormore Loss ofdeposit 69 – 42 days 50% of total holidaycost * 41 – 33 days 60% of total holidaycost * 32 – 15 days 90% of total holidaycost * 14 days or less 100% of total holidaycost * * or loss ofdeposit ifgreater 4.3.3 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. IfYouWantToChangeOrCancelYourHoliday Flight Details (refer to Hays Faraway website for full booking conditions) We Change OrCancelYourHolidayBeforeYourDeparture 5.2.1 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 orcancel, we will tellyou as soon as possible. 5.2.2 A significant change includes a change of accommodation to that of a lower category or price for the whole or a major part ofyour time away, a change of flight time of more than 12hours,achangeofUKdepartureairport (exceptbetween London airports), ora significant change of resort area. 5.2.3 We will only cancel your confirmed booking after you have made full payment where we are forced to do so by a Force MajeureEvent (see5.3)or if theminimumnumberofclients required fora particular travel arrangement is not reached. 5.2.4 Where therehasbeenasignificantchange toyourholiday, if there is time to do so before departure, we will offeryou the choice of the following options: 5.2.4.1 accepting the changed arrangements; or 5.2.4.2 acceptinganofferofalternativetravelarrangements ofcomparable standard from us, ifavailable (we will refund any price difference if the alternative is of a lowervalue); or 5.2.4.3 cancelling, in which case you will receive a full refund. 5.2.5 Ifwe have to make a significant change orcancel we will payyou the compensation payments set out in the table below, unless: 5.2.5.1 we are forced to make a change or cancel by a Force Majeure Event (see 5.3); 5.2.5.2 we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached; 5.2.5.3 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 perperson More than 60 days Nil 60 – 42 days £20 41 – 33 days £30 32 – 15 days £40 14 days or less £50 5.2.6 No compensation is due for changes that are not significant changes. Examples of minor changes include a change of flight time of less than 12 hours, changes to aircraft type and change of accommodation to anotherof the same standard. 5.2 4. 4.1 4.2 4.3 5. IfWeChangeOrCancelYourHoliday 5.1

minimum passenger numbers being reached (Minimum passenger numbers vary per Exclusive Escorted Departure). Should minimum numbers not be reached your holiday will continue as normal with local ground representation. If this is the case and minimum numbers aren’t reached, we will notifyyou a minimum of fourweeks prior to departure that a Hays Travel staff escort will not be on the trip. Please note that normal booking conditions apply in these circumstances. Force Majeure We shall not be in breach ofourcontract withyou nor liable fordelay 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 orunavoidable technical problems with transport. IfYou Have A ComplaintWhileYou Are On Holiday If you have a complaint about your arrangements whilst away, you mustnotify thesupplieroftheservice inquestionandour localagent (whosecontactdetailscanbe found inyourbookingdocumentation) as soon as possible. They will do their best to rectify the situation. If you do not make your complaint as soon as possible while on holiday, this will affect our ability to investigate and take remedial action and this mayaffectyour rights underyourcontract with us. Ifa problem remains unresolved duringyourholiday,you must 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 ofyourwritten complaint. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) toyou in respect of: 7.1.1 anybreach ofourcontract withyou; or 7.1.2 any representation, statement or tortious act or omission (including negligence) arising under or in connection with ourcontract withyou. Nothing in thesebookingconditionsshall limitorexcludeour liability for: 7.2.1 death orpersonal injury resulting from negligence; or 7.2.2 fraud or fraudulent misrepresentation; or 7.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or 7.2.4 anyother liabilities forwhich itwouldbe illegalorunlawful for us to limit orexclude that liability. 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 othersumorclaimofanydescriptionwhatsoeverwhich results from: 7.3.1 youracts oromissions; or 7.3.2 a Force Majeure Event (see 5.3) Without prejudice to clauses 7.2 and 7.3, 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 ofyour travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to: 7.5.1 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 7.5.2 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 thatyou can claim fordeath, injury, delay to passengers and loss, damage and delay to luggage.Weare tobe regardedashavingallbenefit 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. 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 ofyour 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. 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 excursionyou purchase in resort. Data Protection Policy (refer to Hays Travel website for full booking conditions) 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. You and we irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising underor in connection with the contract between us. OnHoliday Behaviour (refer toHaysFarawaywebsite for fullbookingconditions) OurLiabilitytoYou GoverningLaw

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1.1 Your booking is made with Hays Tour 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 confirmyour booking, we are entitled to assume thatyou have read the booking conditions and agree to them. 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 (refer to Hays Faraway website for full booking conditions) Whenyouconfirmaholidaybookingyoumustpayadepositofeither £150 per person. The deposit will only be refundable as set out in these booking conditions. Bookings made directly on our website or within 98 days of your departure date require full payment at the time ofbooking. 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 4.3 (CancellingYourHoliday). 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 98 days before departure. If we or your travel agent have not received full payment at least 98 days before departure, we reserve the right to treat your booking as cancelled byyou 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, ifyou still do not make full payment the cancellation charges shown at 4.3 will become due depending on the date we reasonably treatyourbooking as cancelled. 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 anyadditional services will be provided. We make a charge for payment by credit card. The charge will be confirmed at the time ofbooking. We reserve the right tocancelabookingwhichhasbeenmadeatan 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 ofaccepting the correct price foryourholiday, booking an alternative holidayor receiving a full refund. 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 toyou at the time ofbooking. A booking is not accepted until we issue an invoice.The date shown on the invoice is the date ofbooking. 3.10 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 immediately as it may not be possible to make changes later. Any misspelled or incorrect names must be corrected. 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 rectifyanymistakenotified tousoutside these time limitsbut you must meet any costs involved in doing so. We may charge a fee foranyamendments. 3.11.1 Whenyou buy a flight inclusive package holiday from us it is authorised under our ATOL number 10531 and protected under the ATOL scheme. 3.11.2 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 (oryourcredit card issuerwhere applicable). 3.11.3 If we, or the suppliers identified on your ATOL certificate, 1.2 2. 3. BookingandPayingForYourHoliday 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.11 YourFinancial Protection

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are unable to provide the services listed (or a suitable alternative, throughanalternativeATOLholderorotherwise) for reasons of insolvency, theTrustees of the AirTravelTrust 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 benefityou assign absolutely to thoseTrustees 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 (oryour 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 sumsyou have claimed under the ATOL scheme.

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3.11.4 All money you pay to a travel agent is held by them on behalf of theTrustees of the AirTravelTrust, 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 theTrustees of the AirTravelTrust without any obligation to pay that money to us. 3.12 Out Of Date Range Flights (refer to Hays Faraway website for full booking conditions) 3.13 You should take out appropriate travel insurance which provides

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5.2.7 Exclusive Escorted Departures

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We will endeavour to provide a HaysTravel staff escort on all of our advertisedExclusiveEscortedDepartures,however this issubject to

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