Vodafone Ashes Series - 2010/11
Period before departure day within which major change/cancellation is notified
Compensation per person
More than 56 days
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. If you have special requests, you should inform us of such requests prior to departure. We will advise the relevant supplier of your requirements, but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met.
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 the company.
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. You must be in possession of a valid passport and all visas, permits and certificates, including medical certificates required for the whole of the journey and the client accepts responsibility for obtaining the same. All information and advice given by us on visas, vaccinations, climate, clothing, baggage, special equipment etc. is given in good faith.
18. 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.
19. 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.