Howzat Travel Limited
India v England Cricket Tour 2011
Booking Terms and Conditions

YOUR CONTRACT - PLEASE READ THIS CAREFULLY BEFORE YOU BOOK

These booking terms and conditions govern all bookings that you make with Howzat Travel Limited, The Pavilion, Burrough Court, Burrough on the Hill, Melton Mowbray, Leicestershire LE14 2QS.

No contract will come into existence between us until we accept your booking and we receive your deposit or full payment in cleared funds. We reserve the right to refuse, at our sole discretion, any booking. For online bookings, the contract will come into existence upon acceptance of the booking conditions presented at the end of the booking process and once we have received your deposit or full payment in cleared funds.

All services offered are subject to availability and prices are subject to change until the time of the actual booking.

When you make a booking, you confirm that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.

It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.

DATA PROTECTION POLICY

In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address, and any special needs/dietary requirements, etc.

We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.

Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.

TELEPHONE CALLS

We reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed.

LAW

These booking terms and conditions are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. Additionally your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time.

DEFINITIONS

In these conditions unless the context otherwise requires:

a) Words importing any gender include every gender
b) Words importing persons include firms and corporations and vice versa

'Payment Schedule' outlines the payment instalments due to pay the balance of the total tour cost per person.

'Tour Description' identifies the tour itinerary and lists the components of the tour and service we are offering.

'Cancellation Charge' means the charge due for any cancellation following a confirmed booking.

 

BOOKING CONDITIONS:

1. The person who signs the booking form does so on behalf of all the individuals included on it, such that all are bound by the booking conditions. All bookings are made with Howzat Travel and no variation of these conditions may be made unless this is done in writing, by a director of the company. Howzat Travel has the right to refuse and variation request.

2. A non-refundable deposit of 20% (of the total tour cost) per person is required and should be sent with the completed booking form. We will confirm our acceptance of your booking by email, and it is at the time we send out this confirmation that a contract comes into existence between us.

Deposit payment of 50% required at time of booking.
Balance due by Monday 29th August 2011.

Should any of these payments fail to reach us by the date specified, we reserve the right to treat the booking as cancelled. If a booking is made 12 weeks or less prior to the departure date then the full amount is payable at the time.

3. If you wish to make any alterations to your holiday we will make every effort to accommodate these, but cannot guarantee that this will be possible. If alterations you request are possible, these will, of course, be subject to any amendment or other charges imposed by any relevant supplier, and a sum of £75 to cover our administrative costs. Requests for amendments must be made in writing by the person whose signature appears on the booking form. Howzat Travel has the right to refuse a variation request and is not obligated to accommodate any specific requests outside the standard package.

Any cancellation by you must be made in writing. The date on which the letter is received by us or our agents will determine the cancellation charges applicable. The cancellation charges are expressed as a percentage of the total tour price.

Cancellation is charged at the non-returnable deposit rate until 60 days prior to the departure date. After which the following charges apply:

60 days before departure 50%
30 days before departure 100%

4. If Howzat Travel has to alter your tour before departure, any change will be either major or minor.

Where a change is a minor change, we will if practicable, advise you before departure in writing, but we are not obliged to do so or to pay you compensation. A minor change is any change apart from a major change as defined below.

When a change is a major change (and a major change is an alteration to your outward or return flight time by more than 12 hours), we will advise you as soon as is reasonably possible. You will then have the choice of accepting the change, taking an alternative holiday (and where this is of a lower price we will refund the difference), or withdrawing from the contract and accepting a full refund of all monies paid. In addition, in appropriate cases, we will pay you compensation on the scale shown below (on the assumption that the full balance has been paid). If we have to cancel your holiday before the date of departure, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference) or withdrawing from the contract and accepting a full refund of the monies paid. In addition, in appropriate cases, and where such cancellation is not due to under booking or force majeure as defined below, we will pay you compensation on the scale shown below.

Period before departure day within which major change/cancellation is notified	Compensation per person
More than 56 days	Nil
56-43 days	£10
42-29 days	£15
28-15 days	£20
14-0 days	£30

 

5. Under booking is the situation in which the minimum number of bookings required to run a tour is not met, and if we have to cancel a tour for this reason, we will not do so less than 30 days prior to departure. Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, even with the exercise of all due care, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control.

In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure and a pro rata refund for the cost of the remainder of your holiday. In addition, if appropriate, we will pay you compensation of an amount, which is reasonable taking into account the circumstances.

6. We reserve the right to change any of the prices, service or other particulars contained on this brochure at any time before we enter into contract with you. If there is any change, we will notify you in writing before we enter into such contract.

7. 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 condition or disability which may affect your ability to travel or require specific arrangements, you must advise us in writing before the time of booking giving full details. Regrettably, if we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking in the interest of your enjoyment and wellbeing.

8. At all times the decision of our tour leader or representative will be final on all matters likely to endanger the safety and well being of the tour. You must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of the countries visited. Should you fail to do so then you may be ordered to leave the tour without recourse to any refund and without any legal claim against Howzat Travel.

9. We strongly condemn the collecting of any specimen from the natural world. Our holidays provide the opportunity to view and photograph wildlife only; not to disturb it! All of our local leaders have the right to dismiss any member of a group who insists on collecting plant, insect or other living material.

10. It is essential that all passengers are covered by insurance before setting out on holiday.

This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses, which might arise as a result of loss, damage, injury, delay or inconvenience. This policy must include a minimum cover of £2,000,000 for medical and repatriation expenses. You must supply Howzat Travel with a copy of your insurance documents prior to travel.

11. If we accept a request to transfer you from one tour to another you will be liable for any costs imposed on us by our suppliers for the cancellation of your original trip. We also reserve the right to charge an administration fee of 10% of the value of the first tour booked.

12. You may, up to 7 days before departure, transfer your booking to another person if you are unavoidably prevented from travelling and the transferee meets any conditions which may apply to the package. The right to transfer is subject to payment of an administration fee of £75 per person to cover our administration expenses together with all additional charges of whatever sort imposed by suppliers providing the component parts of the package. These charges will be the joint responsibility of both the transferee and the transferor of the package, and you should note, for example, that some airlines may refuse to accept a name change, or may treat it as a cancellation and a rebooking with a 100% cancellation charge.

13. (i). Where you do not suffer death or personal injury, we accept liability should any part of your holiday arrangements booked with us in the UK not be as described on the Tour Description and not be of a reasonable standard, and, subject to (iii), (iv), and (v) below, will pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airlines’ actions) will be deducted from any sum paid to you as compensation by us.

(ii). Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements booked with us before departure, we accept responsibility subject to (iii), (iv) and (v) below.

(iii). We accept liability in accordance with (i) and (ii) above and subject to (iv) and (v) below except where the cause of the failure in your holiday arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is your own fault, or the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances which neither we, nor our servants, agents or suppliers could have anticipated or avoided even with the exercise of all due care.

(iv). Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, our liability and/or the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International Conventions, namely the Warsaw Convention 1929 (including as amended by the Hague Protocol), the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. Copies of which are available on request.

(v). It should be noted that our acceptance of liability in notes (i), (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in clause 14.

14. If you have any complaint whilst on holiday you must immediately inform your tour leader or our company representative who will do his/her best to remedy it. If he or she is unable to do so, we must request that you make the complaint known to us in writing within 16 days of your holiday’s scheduled return to the UK and we will do our best to reach a settlement with you. In the unlikely event that you are still unhappy, you may refer the matter to arbitration under ATOL’s Independent Dispute Settlement Service

15. Force Majeure. Howzat Travel will not pay compensation where a major change arises from force majeure, being unusual and unforeseeable circumstances beyond the company's control, the consequences of which neither Howzat Travel nor its suppliers could avoid. These include, but are not limited to war, threat of war, civil strife, terrorist activity (actual or threatened), industrial disputes, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemic or health risks. In exceptional circumstances, Howzat Travel reserves the right to make major changes or cancellation within eight weeks of the departure date. Under normal circumstances, no cancellation or major changes will be made by Howzat Travel within eight weeks of departure except as a result of force majeure. We shall endeavour to advise you of these changes as soon as we are aware of them.

16. Price policy. The price of your travel arrangements is subject to surcharges on the following items for increases in: transportation costs, e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and Howzat Travel, Government action such as VAT or any other Government imposed increases, currency in relation to adverse rate variations. Even in this case we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendments charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than 10% on the holiday price, you will be entitled to annul your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to annul because of this, you must exercise your right to do so, in writing within 14 days from the issue date printed on the surcharge invoice. Howzat Travel is not able to reduce holiday prices should exchange rates improve. No surcharge will be levied once the full balance has been received by Howzat Travel. This clause is compliant with Regulation 11 of the Package Travel Regulations.

17. YOUR RESPONSIBILITY. You are responsible for obtaining valid passports, visas, vaccination certificates, health documents, foreign exchange for personal requirements etc. It is your responsibility to check entry requirements with the Embassy or Consulate of the country you plan to visit. You should also contact your GP in good time before you travel for health advice. You will be solely responsible if failure to obtain such documents results in your being unable to travel or refused entry or in fines, surcharges or other financial penalties being imposed on you. Howzat Travel has no liability whatsoever to you through your failure to do so. It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited. Howzat Travel and its representatives reserve the right to cancel your holiday at any time if in our reasonable opinion you are found to be behaving in a socially unacceptable manner or indulging in illegal activities, without any refund and legal claim against Howzat Travel.

18. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS. If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.

19. TRAVEL DOCUMENTS CHECKING AND DESPATCH. It is your responsibility to check that all travel documents issued are correct. The address for all documentation will be that given at the time of booking. Documents will normally be despatched 7 days before departure. For bookings made within 14 days of departure it may be necessary for you to collect your air tickets at the airport at an extra charge. Any other vouchers will be posted/faxed to you direct. Scheduled airline tickets are sent by Royal Mail first class post. In the event of ticket loss or delay, it will be your responsibility to pay additional expenses incurred by us to arrange and post duplicate tickets. Guaranteed next day delivery can be arranged at additional cost, which can be advised at time of booking. LATE BOOKINGS may also require Special/Courier delivery of documents in which case we will tell you the charges at the time of booking.

20. By signing our booking form, you are agreeing to accept all the above conditions, and we agree to operate your holiday in the way stated on our brochure, or in your personally prepared itinerary. Your contract with us and any matters arising from it shall be exclusively subject to English law and to the exclusive jurisdiction of the Courts of England and Wales.

21. Your Financial Protection - When you buy an ATOL protected air holiday package from Howzat Travel Limited you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9498. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.