This section of the website covers both Conditions of Website Use and Booking Terms & Conditions. Please scroll down this entire page to read full and comprehensive details covering these important issues. Alternatively, we recommend that you print this page for your reference.
Conditions of website use
1. Making your booking
The party leader is responsible for making all payments due to us as referred to in clause 2. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by sending a booking confirmation letter/invoice to the party leader. Everyone going on holiday must check all documents (including the booking confirmation letter/invoice) carefully. Contact us immediately if any information which appears on any document appears to be incorrect or incomplete as it may not be possible to make changes later. A provisional booking can be made by phone but you must send the completed booking form and applicable payment within 7 days, or the provisional booking will automatically lapse.
2. Payment
You are required to send us a completed booking form, the appropriate deposit per person (as detailed on the relevant tour page) or full payment if booking within 60 days of departure and all applicable insurance premiums (if our insurance is required) at the time of booking. Please note, deposits are not refundable except where expressly stated in these booking conditions. The balance of the cost of your holiday must be paid no less than 60 days before departure (70 days for cruise and private train holidays). Please note that if you are paying by credit card, a charge of 1.5% will apply (no charge will be applied for payments made by cheque or debit cards). This charge will change to 2% applicable to bookings from 1 October 2009. If you are paying by credit/debit card and payment is declined for any reason, a charge of £30 will be made which will be waived if you decide to pay by cheque instead. A minimum deposit of 20% is required for any booking variations including flight and hotel upgrades. If you return your payment counterfoil before the date that payment is due, this authorises us to take payment early. If we do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
3. Your contract
A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader. English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA or AITO Arbitration Schemes (if the Scheme is available for the claim in question - see clause 13) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. Holiday prices
Please note changes and errors occasionally occur. We reserve the right to increase/decrease and correct errors in advertised prices at any time before your holiday is confirmed. Before you make a booking, we will give you the basic price for your chosen holiday. You should check all details of your holiday (including the price) at the time of booking. We will advise you of any change or error of which we are aware and the applicable price at the time of booking. Upgrades or additional facilities which you have requested are on a request basis with our suppliers and prices for these will only be confirmed once the prices have been confirmed by our suppliers - see clause 16. For all holidays, once you have accepted the basic price and a booking has been made, that price is fully guaranteed and will not be subject to any surcharges. We reserve the right to increase or decrease the price of unsold holidays at any time.
5. Reservation and confirmation
When we receive your booking form and all appropriate payments we will, subject to availability, reserve your chosen holiday and send our confirmation letter/invoice to you. It is at this point a binding contract between us comes into existence. It is very important that you check your confirmation letter/invoice when you receive it in order to ensure it is correct. Contact us immediately if any information which appears on the confirmation letter/invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
6. Suitability and behaviour
We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it does or is likely, in our reasonable opinion, or in the opinion of any Tour Manager or any other person in authority, to cause distress, damage, danger or annoyance to any third party, or to cause damage to property. In these circumstances all our obligations to you under this contract or otherwise shall cease, full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever. Our tours can be physically demanding. These rules apply if you are prevented from travelling because in the reasonable opinion of any person in authority (including office staff or your Tour Manager when you join your holiday), your physical condition means you are likely to be incapable of coping with the tour or to experience significant difficulties in doing so. It is your responsibility to disclose an accurate account of your mobility and all other relevant information relating to your health and fitness at the time of booking. You must advise us of any change to your level of mobility or health and fitness between booking your holiday and joining your tour.
7. Alterations to your booking
Please notify us in writing if circumstances arise whereby you wish to transfer to another available holiday in this brochure, depart on a different date or make other alterations to your confirmed holiday. Any alterations requested 60 days or more (70 days or more for cruise and private train holidays) prior to departure will be subject to a minimum alteration fee of £30 per person together with costs or charges incurred or imposed by any of our suppliers. Any alternation to your booking requested less than 60 days (70 days for cruise and private train holidays) prior to departure will be regarded as a cancellation and cancellation charges as set out in clause 8 will be payable. Name changes can be made up to 21 days prior to departure for an alteration fee of £30 per person together with any costs or charges incurred or imposed by any of our suppliers.
8. Cancellation by you
Should you wish to cancel your holiday, notice can be given verbally but must be followed up in writing by the person who signed the booking form. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and amendment charges. Insurance premiums arranged through us are not normally refundable. Amendment charges are not refundable. The amount of the cancellation fee depends upon the date when the written notice of cancellation is received by us. The scale of cancellation charges is as follows:
|
|
Cruises & Private Train holidays |
All other holidays |
|
71 days or earlier |
Loss of deposit |
Loss of deposit |
|
From 61 to 70 days |
30% of final invoice |
Loss of deposit |
|
From 42 to 60 days |
60% of final invoice |
30% of final invoice |
|
From 28 to 41 days |
60% of final invoice |
50% of final invoice |
|
From 14 to 27 days |
75% of final invoice |
75% of final invoice |
|
13 days or less prior to departure |
100% of final invoice |
100% of final invoice |
Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
9. Charges and cancellations by us
We start planning the holidays we offer many months in advance.
Occasionally, we have to make changes to and correct errors in the
brochure and other details, both before and after bookings have
been confirmed, and therefore cancel confirmed bookings. Whilst we
always endeavour to avoid changes and cancellations, we must
reserve the right to do so. Most changes are minor. Occasionally,
we have to make a "significant change" before departure such as a
change of accommodation to that of a lower official classification
or standard for the whole or a major part of the time you are away,
a change of accommodation area for the whole or a major part of the
time you are away, a change of outward departure time or overall
length of time you are away of twelve or more hours, a change of UK
departure point to one which is significantly more inconvenient for
you and, in the case of tours, a significant change of itinerary
missing out one or more major destination substantially or
altogether. All escorted holidays are organised on the basis of a
minimum number of clients (usually 15). In the unlikely event the
holiday has to be cancelled because of insufficient numbers, you
will be informed at least 60 days prior to departure. If we have to
make a significant change or cancel, we will tell you as soon as
possible. If there is time to do so before departure, we will offer
you the choice of the following options:
(a) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar
standard to that originally booked if available. We will offer you
at least one alternative holiday of equivalent or higher standard
for which you will not be asked to pay any more than the price of
the original holiday. If this holiday is in fact cheaper than the
original one, we will refund the price difference. If you do not
wish to accept the holiday we specifically offer you, you may
choose any of our other, then available, holidays. You must pay the
applicable price of any such holiday. This will mean your paying
more if it is more expensive or receiving a refund if it is cheaper
or
(c) cancelling or accepting the cancellation in which case you will
receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change
made is a minor one. If we have to make a significant change or
cancel we will, where appropriate, pay you reasonable compensation
depending on the circumstances and when the significant change or
cancellation is notified to you subject to the following
exceptions. Compensation will not be payable and no liability,
beyond offering the above mentioned choices, can be accepted where
we are forced to make a change or cancel as a result of unusual and
unforeseeable circumstances beyond our control, the consequences of
which we could not have avoided even with all due care or where we
have to cancel because the minimum number of bookings required to
run your holiday has not been reached - in this case we will notify
you no later than 60 days (70 days for cruise inclusive holidays)
before departure. No compensation will be payable and the above
options will not be available if we cancel as a result of your
failure to comply with any requirement of these booking conditions
entitling us to cancel (such as paying on time) or if the change
made is a minor one. A minor change is any change which, taking
account of the information you have given us at the time of booking
or which we can reasonably be expected to know as a tour operator,
we could not reasonably expect to have a significant effect on your
confirmed holiday. Except as set out above, we will in addition,
where appropriate, pay you any reasonable proven costs and expenses
you incur as a result of a cancellation. Very rarely, we may be
obliged as a result of "force majeure" (see clause 10) to change or
terminate your holiday after departure but before the scheduled end
of your time away. This is extremely unlikely but if this situation
does occur, we regret we will be unable to make any refunds (unless
we obtain any refunds from our suppliers), pay you any compensation
or meet any costs or expenses you incur as a result.
10. Force majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 11(1) below) as a result of "force majeure". In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
11. Our liability to you
(1) We promise to make sure that the holiday arrangements we
have agreed to make, perform or provide as applicable as part of
our contract with you are made, performed or provided with
reasonable skill and care. This means that, subject to these
booking conditions, we will accept responsibility if, for example,
you suffer death or personal injury or your contracted holiday
arrangements are not provided as promised or prove deficient as a
result of the failure of ourselves, our employees, agents or
suppliers to use reasonable skill and care in making, performing or
providing, as applicable, your contracted holiday arrangements.
Please note, it is your responsibility to show that reasonable
skill and care has not been used if you wish to make a claim
against us. In addition, we will only be responsible for what our
employees, agents and suppliers do or do not do if they were at the
time acting within the course of their employment (for employees)
or carrying out work we had asked them to do (for agents and
suppliers).
(2) We will not be responsible for any injury, illness, death, loss
(for example loss of enjoyment), damage, expense, cost or other sum
or claim of any description whatsoever which results from any of
the following:
- the act(s) and/or omission(s) of the person(s) affected or any
member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with
the provision of your holiday and which were unforeseeable or
unavoidable or
- "force majeure" as defined in clause 10
above.
(3) Please note, we cannot accept 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 in our brochure and we have not agreed to
arrange them and any excursion you purchase during your holiday.
Please also see clause 16 "Excursions, Activities
and Brochure Information". In addition, regardless of any wording
used by us on our website, in any of our brochures or elsewhere, we
only promise to use reasonable skill and care as set out above and
we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed
to provide or arrange as part of our contract - and the laws and
regulations of the country in which your claim or complaint
occurred - will be used as the basis for deciding whether the
services in question had been properly provided. If the particular
services which gave rise to the claim or complaint complied with
local laws and regulations applicable to those services at the
time, the services will be treated as having been properly
provided. This will be the case even if the services did not comply
with the laws and regulations of the UK which would have applied
had those services been provided in the UK. The exception to this
is where the claim or complaint concerns the absence of a safety
feature which might lead a reasonable holiday maker to refuse to
take the holiday in question.
(5) As set out in these booking conditions we limit the maximum
amount we may have to pay you for any claims you may make against
us. Where we are found liable for loss of and/or damage to any
luggage or personal possessions (including money), the maximum
amount we will have to pay you is £1,000 per person affected unless
a lower limitation applies to your claim under this clause or
clause 11(6) below. For all other claims which do
not involve death or personal injury, if we are found liable to you
on any basis the maximum amount we will have to pay you is twice
the price (excluding insurance premiums and amendment charges) paid
by or on behalf of the person(s) affected in total unless a lower
limitation applies to your claim under clause
11(6) below. This maximum amount will only be payable
where everything has gone wrong and you have not received any
benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea and the Berne Convention for international travel by rail). Please note: where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
12. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform your Tour Manager and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. Arbitration
Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement. Alternatively, AITO's Independent Dispute Settlement Service (again, details on request from the Association of Independent Tour Operators, 133a St Margaret's Road, Twickenham, TW1 1RG) may be called upon by either side to bring the matter to a speedy and amicable solution.
14. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 11(6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
15. Special requests and medical problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, ie: any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your holiday or has any health or fitness concerns which may affect your ability to cope with the tour, please give us full details before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. You must also advise us as soon as possible of any change in any disability or medical condition or your health or fitness. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or their health/fitness/disability/medical condition deteriorates, cancel when we become aware of these details. Please also see clause 6.
16. Excursions, activities and brochure information
The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. We may provide you with information (in our brochure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area(s) you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
17. Flights
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a "Community List" which contains details of air carriers that are subject to an operating ban within the EU Community. The Community List is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm flight timings which will be used in connection with your flight. Where flight timings and types of aircraft are given at the time of booking and detailed on your confirmation invoice these are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier(s) with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier(s) are unable to offer you a suitable alternative the provisions of clause 9 (Changes and Cancellations by Us) will apply.
If known at time of printing, we show the name of the airline we plan to fly with. The type of aircraft is not known at this point, but if it is of interest to you we are happy to provide this information when we can. Regardless of any information given in good faith, operational changes may be made by an airline at any point and we cannot be responsible for this. Prices quoted in this brochure are based on special airfares offered to us by the airlines for group travel. These represent a reduction on the normal IATA fares which entitle passengers to privilege and flexibility that our clients do not normally require as part of the holiday. Should you wish to book our holiday using a flight other than that shown in the brochure, a flight variation charge of from £40 per person will apply in addition to the difference in cost between our special fare and the normal IATA fare for the flight(s) required. Tickets at our special fare are valid only on the airline and dates shown and do not automatically entitle passengers to switch to another carrier in case of a flight cancellation, delay or technical problem with the aircraft or the reservation. Please note that most airlines now operate 100% non-smoking services.
18. Denied boarding regulations
If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No. 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations as your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. 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. Please note, your rights under clause 9 ("Changes and Cancellations by Us") and clause 11 ("Our Liability to You") of these booking conditions are not affected by the above Denied Boarding Regulations except that we are entitled to argue that the amount you receive or are entitled to receive from the airline is sufficient to meet any compensation obligation we may have to you as your tour operator as a result of any such cancellation, delay, downgrading or denied boarding.
19. Rail reservations
We request rail reservations many months in advance but occasionally there are insufficient First Class seats available. In these situations we will book Standard Class seats and refund the difference to you. Although we do our best to follow the routes noted in the itinerary there might be occasions when a different routing and/or departure time is necessary due to timetable variations or seat availability. Increasingly, trains are 100% non-smoking, and reservations are requested in non-smoking accommodation, although at busy times we may be allocated some smoking seats. We cannot make specific requests for smoking seats. Prices quoted in this brochure are based on special fares, negotiated with our rail partners for group travel. Should you wish to travel on any Eurostar or other rail service, other than that included as part of your group holiday, a rail variation charge of £20 per person per service will apply. Any change involving sleeper services will be quoted on a individual basis.
20. 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 an ATOL (Number 3278) administered by the Civil Aviation Authority and a bond held by ABTA (Number V2170) for packages that do not include a flight (www.abta.co.uk). When you buy an ATOL protected air package or flight from Great Rail Journeys Ltd you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 3278. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
21. Data protection
Great Rail Journeys Limited are a data controller for the purposes of the Data Protection Act 1998. Please be assured that we have measures in place to protect the personal information you give us. This information will be passed on to the relevant suppliers of your travel arrangements. It may also be provided, either by us or by the suppliers of your travel arrangements, to public authorities such as banks and credit card companies, customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies or insurance providers. The above applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements but we will obviously only pass these on where necessary to do so to provide the service you have requested. If we cannot pass on this information as set out above, we may be unable to provide your booking or other services you have requested (for example, travel insurance). In making your booking, you consent to this information being passed on to the relevant persons. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in the UK. We would like to use your details for marketing purposes (e.g. sending you our brochures). We would also like to pass your details on to other companies within our group who may also contact you for marketing purposes. If you do not wish to receive any further information from us or other companies in our group please let us know this at the time you give us your details or, if you do not do so then, at any time subsequently. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we may be entitled to refuse your request. To improve our service, calls may be recorded for training and quality purposes.
Terms of Insurance Business
About us
Great Rail Journeys Limited of Saviour House, 9 St Saviourgate, York, YO1 8NL is authorised and regulated by the Financial Services Authority. Our Firm's Registration Number is 488024. We are permitted to arrange, advise on, deal as an agent of insurers and clients, and assist in claims handling but only with respect to Connected Travel non-investment insurance policies. You can check these details on the FSA's Register by visiting the FSA's website www.fsa.gov.uk/pages/register/ or by contacting the FSA on 0845 606 1234.
Your duty of disclosure
Your insurance is based upon the information provided to the insurance company and you must ensure that all such information is complete and accurate, and that any facts that may influence the insurer's decision to accept the policy and what terms are applied must be disclosed,
Failure to disclose material information, including all existing or new medical conditions arising pre-departure, to the insurance company may invalidate your insurance and could mean that part, or all of a claim may not be paid.
How to cancel
You may have a statutory right to cancel this policy within a short period. If you cancel within 14 days you will receive a full refund of premium. Please refer to your policy summary or your policy document for further details. If you wish to cancel outside that period you will not receive a refund of premium except in exceptional circumstances and at the discretion of our insurer.
Protecting your information
All personal information about you will be treated as private and confidential (even when you are no longer a customer), except where the disclosure is made at your request or with your consent in relation to administering your insurance, and except where law requires us.
Some or all of the information you supply to us in connection with your insurance proposal may be passed to insurance and other companies for underwriting, claims and premium collection purposes. Your data will be held in accordance with the Data Protection Act 1998, under which you have a right of access to see personal information about you that is held in our records, whether electronically or manually. If you have any queries, please write to the Customer Relations Manager at the above address.
How to claim
Please refer to your policy summary or your policy document if you need to notify a claim. You should contact the insurer direct as soon as possible using the contact details provided, If in doubt about whom you should contact, please contact us on 01904 521900.
Block transfers
In respect of some classes of insurance we may operate block insurance arrangements in order to provide competitive terms. On occasions it will be necessary for us to transfer such blocks from one insurer to another where this is beneficial for our clients.
This Terms of Insurance Business document constitutes both your acceptance that we may do this and your prior request for us so to do.
Protecting your money
Prior to your premium being forwarded to the insurer, and for your protection, we either hold your money as an agent of the insurers (in which case your policy is treated as being paid for), or we hold it in a client bank account on trust for you.
We may extend credit to other customers from this account and we may transfer your money to another intermediary in some cases. However, you money will be protected at all times because of the requirements of FSA rules. We also reserve the right to retain interest earned on this account.
By accepting this Terms of Insurance Business document, you are giving your consent for us to operate in this way.
Complaints
It is our intention to provide a high level of service at all times, However, if you have reason to make a complaint about our service you should contact the Customer Relations Manager at the above address or ring 01904 521900. You may be entitled to refer the matter subsequently to the Financial Ombudsman Service. You can contact the Financial Ombudsman Service by telephone on 0845 080 1800 and further information is available at www.financial-ombudsman.org.uk/ If you do decide to refer any matter to the Financial Ombudsman Service your legal rights will not be affected.
Compensation arrangements
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCAS on 020 7892 7300 or by visiting www.fscs.org.uk/
