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1. Your holiday contract and financial protection
Your holiday contract is with Garland Hoff Ltd. Garland Hoff Ltd is registered in England no 2328857 and shall be referred to as the Company. We are fully-bonded members of ABTA (W1080) and AITO. We have an ATOL licence (no 3076) which provides for your protection for air holidays in the event of our insolvency. All bookings with the Company incorporate the Booking Conditions set out below and are deemed to have been accepted in full by you. The Contract is made with the Company upon the Company posting confirmation of your booking to you. Your contract with the Company and any matters arising from it shall be governed by and construed in accordance with English law and is subject to the jurisdiction of the Courts of England and Wales, unless you are resident in Scotland or Northern Ireland, in which case you may choose those respective jurisdictions.
2. Payment
A deposit payment of £400 is required for all holidays costing up to £5000. The deposit for holidays costing over £5000 is 10%. (Holidays including public fare flights, holidays to some hotels for certain times of the year, and for villas, sailing and cruising will require a higher deposit level or staggered deposits - this will be advised at the time of booking). The deposit must be forwarded and received by the Company within 5 days of the telephone booking application provided always that if a booking is made within eight weeks of departure the total cost of the holiday must be sent to the Company. The person making the booking warrants that he/she has the authority of all other persons included in the holiday to make the booking on their behalf. The deposit is accepted as part payment and the balance of monies payable is due to the Company eight weeks before the departure date of your holiday from the United Kingdom. However, before your balance payment is due you will receive if appropriate a revised invoice taking into account any variations (such as an increase) in transportation costs or local dues or taxes. (See Condition 9 below). If, for any reason, the balance is not received by us by the date due, we reserve the right to cancel your holiday at that date, in which case you will forfeit your deposit payment. If you ask us to hold the booking pending payment and then you fail to pay, higher cancellation charges will apply, as the date of cancellation will be the date requested by you as the revised date for payment. All monies which you pay to a travel agent in respect of your holiday arrangements with the Company are held by the agent on behalf of the Company.
3. Changes and Cancellations made by you
Any cancellation by you of your holiday in the first instance can be notified to us by telephone but must be followed in writing. For your peace of mind you should use pre-paid recorded delivery or registered post. The cancellation will take effect from the date it is received at the Company's offices. Cancellation only by telephone or e-mail is not acceptable. All cancellations are subject to cancellation charges as follows:
| Amount of notice you give the Company before the scheduled departure date: | Amount of cancellation fee expressed as a % of total holiday price: |
| More than 56 days | Deposit monies paid |
| 42-56 days | 30% or loss of deposit monies paid (whichever is greater) |
| 28-41 days | 60% |
| 8-27 days | 90% |
| 7 days or less | 100% |
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation or transfer your booking to another person, we will do our utmost to make these changes but it may not always be possible. Any request for changes must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administrative charge of £30 per person, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Certain arrangements (eg some flight tickets) cannot be changed after a reservation has been made and any alteration, even a name change, may incur a 100% cancellation charge of the cost of the flight unless you are exercising your rights under Regulation 10 of the Package Travel Regulations 1992 to transfer your booking to another person when you are prevented from travelling.
4. Abandonment of your holiday
If you choose, in the course of your holiday, to abandon the arrangements made by us on your behalf and instead to make your own arrangements, unless the Company is at fault, the Company accepts no liability and no refunds will be made for the services you choose not to take. Abandonment of your holiday may also be deemed to have taken place if you miss your outward means of transportation through no fault of the Company although the Company will assist in whatever way it can to make new arrangements for you. You would have to pay for any costs incurred. Travel tickets and hotel or car-hire vouchers are only valid for the dates shown and cannot be transferred to different dates.
5. Our commitments to you
i) Where you do not suffer personal injury or death, the Company accepts liability should any part of your holiday arrangements booked with us not be as described in the brochure or not be of a reasonable standard. Subject to (iii) below, the Company will pay you compensation. Our liability in all cases shall be limited to a maximum of 3 times the original costs of your travel arrangements.
ii) Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to (iii) below. Where such death or personal injury arises in the course of air travel, sea travel or hotel accommodation, the Company's liability and/or the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International Conventions, copies of which are available upon request.
iii) The Company accepts liability in accordance with (i) and (ii) above 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 the part of the Company or its servants agents or suppliers, and was your own fault, or the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Company or its servants agents or suppliers even with the exercise of all due care.
iv) It should be noted that the acceptance of liability on the part of the Company referred to in (i), (ii) and (iii) above is subject to assignment by you of your rights against any servant agent or supplier of the Company which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer.
v) It should be noted that the acceptance of liability on the part of the Company referred to in (i) and (iii) above is subject to Condition (vi) below.
vi) Where you book an optional excursion whilst on your holiday, or where the Company makes excursion arrangements on your behalf, whether before departure or whilst in resort, and you make payment for this directly to the relevant supplier, we accept no liability for any consequential failure in your excursion arrangements, or any death or personal injury you may suffer. 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.
6. Our holiday guide
The Company confirms that the information contained in this holiday guide is given in good faith and believed correct at the time it is given. If any facilities referred to therein are withdrawn, altered or restricted the Company will advise you at the time of booking or as soon as the Company is notified by the supplier of the changes. It may be that facilities are withdrawn for maintenance purposes at short notice and therefore the Company will not be informed by the supplier. The Company does not accept liability for this. |
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7. Changes made by us
When you have made your contract with the Company, the Company will use its best endeavours to ensure that none of the components of your holiday arrangements has to be altered. However as the arrangements are planned many months in advance, sometimes changes may have to be made. Where a significant change (see below) is made, you will be informed as soon as reasonably possible, if there is time before your departure. You may then:
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).
In addition, the Company will pay the following minimum amounts of compensation:
| Notification period before departure | Compensation per person |
| More than 8 weeks | Nil |
| Between 4 and 8 weeks | £50 |
| Between 2 and 4 weeks | £75 |
| Less than 2 weeks | £100 |
Compensation will not be paid where the change is caused because the minimum number of persons, on the basis of which your holiday arrangements are costed, fail to make the bookings and the Company advises you in writing 56 days before your intended departure or where the company is forced to make change because of force majeure including industrial disputes, political unrest and hurricanes. Please refer to note 11 below about force majeure. Infants (under 2 years of age) do not receive compensation. A significant change includes a change of departure time by more than 12 hours for holidays of 13 nights or less and more than 24 hours (but not flight delay) for holidays of 14 nights or more or a change of accommodation to a lower grade than that booked.
You are obliged to inform the Company within 48 hours of receiving notification of the proposed changes of your decision. Your holiday includes the services of air carriers not owned or operated by the Company. Sometimes these services are delayed or re-scheduled. The Company has no control over such actions. The primary responsibility for such delays or change of schedules rests with the actual carrier and are subject to the terms and conditions of the carrier which may limit or exclude liability. Copies of these terms and conditions can be made available upon request.
8. Cancellations made by us
The Company reserves the right to cancel your holiday arrangements but will not do so less than eight weeks before your departure date except for reasons beyond our control or failure by you to pay the final balance. Should the Company cancel it will give you as early notification as possible and you will then be entitled to 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).
Compensation will be paid as in Condition 7 with exceptions also being as in Condition 7.
The Company reserves the right to cancel your holiday without any obligation to refund or make alternative arrangements where in our reasonable opinion your behaviour brings the holiday to an end or where the Company does not receive your payment in accordance with Condition 2.
9. Our prices
All holiday prices are per person in £ sterling unless otherwise stated. The prices of our holidays may go down or up. However, once you have paid your deposit there will be no changes to the price of your holiday except that, up until 30 days prior to the departure date of your holiday, the price of your travel arrangements will remain subject to variations as a result of government action such as changes in VAT or any other government taxes. Even in this case we will absorb or retain an amount up to 2% of the price of your holiday, excluding any amendment charges. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1 per person together with an amount to cover agents’ commission if applicable. If this means tht you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on the final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes to accept an offer of alternative travel arrangements from us if we are able to do so and compensation also as set out above. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. The price of your holiday was calculated using exchange rates quoted in the Financial Times on 22 April 2005 for the US$ (£1=US$ 1.914) and on 5 August 2005 for the Euro (Euros 1.438).
10. If you have a complaint
Any complaint regarding the holiday should in the first instance be reported to the owner or manager of the hotel or premises or the supplier of the services concerned immediately and should also be reported to the Company at the same time so that all reasonable steps can be taken to resolve the matter during your holiday. (Please note that overseas representatives are not employees of the Company and you should not merely report your complaint to them without informing the Company in London at the same time). The Company's right to be able to try to remedy the situation and put things right during your holiday forms part of this contract and it is therefore your obligation to inform us of any problem during your holiday and to continue to inform us so that we can remedy the situation for you. 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. If your complaint is still not resolved locally, notification should be made to the Company in writing and for your own peace of mind by pre-paid recorded delivery within 28 days of the date scheduled for the end of your holiday. If you have a dispute which you are unable to solve, you may refer to Arbitration under a special scheme which is arranged by the Association of British Travel Agents, but is administered quite independently by the Chartered Institute of Arbitrators. This scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £1,500 per person or £7,500 per booking form. Also, it does not apply to claims which relate to physical injury or death. If you choose to proceed to Arbitration under this scheme, you must send a written notice of your decision to ABTA within 9 months after your scheduled date of return. Details may be obtained from ABTA. Alternatively, you may call upon the AITO Independent Dispute Settlement Service (details on request). Claims which exceed £1,500 per person or £7,500 per booking form or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.
11. Force majeure
Force majeure is defined as unusual and unforeseeable circumstances beyond the company's control, the consequences of which could not have been avoided by the company even with the exercise of all due care and include war or threat of war, riot or civil strife, political unrest, terrorist activity, industrial disputes, alteration to the schedules of flights by airlines, changes in aircraft type, natural disaster, fire, sickness, weather conditions such as hurricanes and floods, acts of any port, airport, governmental or public authority, technical problems to transport, aircraft grounding, nuclear disaster and/or Acts of God.
12. Passport and Visa requirements
You require a passport to travel to countries featured in this holiday guide. That passport should have at least six months to run before its expiry date. Infants require their own passport. It is your responsibility to ensure that your passport is valid for travel. British citizens may require visas to travel to some countries in this brochure. Visa requirements at the time of going to press are stated in Important Information in this brochure. Changes will be advised at the time of booking. It is your responsibility to ensure that you are in possession of the visa by the time you travel. Non-British passport holders are responsible themselves for checking passport and visa regulations applicable for entry to countries featured in this brochure. The Company bears no responsibility for passport and/or visa regulations for non-British passport holders. This also applies to holders of British passports issued in some overseas places.
13. Insurance
We are especially concerned that all our clients are adequately insured (in case of illness abroad or cancellation/curtailment). By choosing not to be insured you agree to indemnify the Company against all costs, losses and liabilities which we may incur and which are not our liability under this contract and which would have been avoided had suitable insurance cover been taken by you.
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