TERMS & CONDITIONS
Please read the following conditions carefully.
All charter flight & inclusive package tour bookings
are made and accepted subject to these conditions
should be valid unless agreed by a director of the
company in writing.
1. Contract
Airliner Ltd whose registered office is at Airliner
Ltd, 3rd Floor Pembroke House, 5-9 Pembroke Road,
Ruislip Middlesex, HA4 8NQ. These Booking conditions
govern all bookings with Airliner Ltd t/a Luxurytrips.co.uk.
They vary depending on whether you book a “package” or “other
holiday arrangements”.
A “package” is a combination of at least
two of the following:- (a) transport (b) accommodation
(c) another tourist service, providing those two
or more components are sold to you at the same time
at an inclusive price with full payment being made
to the Company. Anything else (e.g. air tickets only,
air tickets and accommodation booked at different
times or a cruise only) constitutes “other
holiday arrangements”, which the Company makes
as a booking agent, your contract being with the
provider(s) (e.g. the airline or hotel) concerned,
a copy of whose conditions are available on request.
Any booking made or order placed by you, whether
through the Company’s website or otherwise,
shall be deemed an offer by you to purchase the relevant
package or other holiday arrangement subject to these
booking conditions. No contract between you and the
Company shall come into existence until the Company
accepts full payment and issues a confirmation invoice.
All contracts with the Company and all matters arising
from them are subject to English law and to the exclusive
jurisdiction of the courts of England and Wales.
The person who makes the booking accepts these conditions
on behalf of all members of the party and is responsible
for all payment due from the party. Booking services
with the company are currently only available to
persons who are at least 18 years old. By submitting
a booking you warrant and confirm to us that you
comply with those arrangements.
2. 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 [a bond held by the Civil Aviation Authority
under ATOL number 9482 a bond held by Airliner Ltd.
If you book other holiday arrangements the financial
protection referred to above does not apply.
3. Payments
DEPOSIT -No booking will be confirmed unless the
required deposit has been received by The Company.
Deposits are nonrefundable. Fares are not guaranteed
until full payment has been received.
BALANCE - You must pay the balance by the due date
shown on the confirmation. Please note that for some
telephone bookings full payment may be required
IMMEDIATELY i.e. before you receive confirmation.
If this applies you will be advised when the booking
is made. It is very important that you pay balances
when due because failure to do so may lead to the
cancellation of your holiday and still leave you
liable to the cancellation charges. Where an extra “booking
charge” applies this will have been advised
at the time of booking. All credit card payments
are subject to a 2% charge (3% for American Express).
4. Alteration & Cancellation by you:
CHANGING YOUR ARRANGEMENTS
If you wish to change any item - other than increasing
the number of persons in your party - and providing
we can accommodate the change, you will have to pay
an amendment fee per person. These fees can vary
greatly and will be advised at the time changes are
made. All changes must be confirmed to us in writing.
Please be aware that some travel arrangements cannot
be changed once a reservation has been processed
and therefore amendment charges could be as great
as the total cost of your holiday. Certain travel
arrangements (e.g. restricted fare tickets) cannot
be changed or cancelled after a reservation has been
made and any alteration will incur a 100% cancellation
charge.
5. Cancellation prior to departure
Should you or any member of your party be forced
to cancel your holiday prior to departure, we must
be notified in writing by the person who made the
booking and who is therefore responsible for the
payment of the cancellation charges
CANCELLATION AFTER TICKET ISSUE: will result in loss
of 100% of total cost of all travel arrangements
in most cases. Please consult your reservation adviser.
CHARTER FLIGHTS carry a 100% cancellation fee both
before and after ticket issue.
6. Cancellation and changes by the Company
It is unlikely that we will have to make any changes
to your travel arrangements however occasionally,
we may have to make changes and we reserve the right
to do so at any time. Most of these changes will
be minor and we will advise you of them at the earliest
possible date. We also reserve the right in any circumstances
to cancel your travel arrangements. For example,
if the minimum number of clients required for a particular
travel arrangement is not reached, we may have to
cancel it. However, we will not cancel your travel
arrangements less than 8 weeks before your departure
date, except for reasons of force majeure or failure
by you to pay the final balance. If we are unable
to provide the booked travel arrangements, you can
either 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). If it is necessary to cancel your travel
arrangements, we will pay to you compensation as
set out in this clause, except where the reason for
the cancellation is circumstances amounting to force
majeure (see clause 7).
In accordance with EU Regulation 2111/2005 we are
required to advise you of the actual carrier operating
your flight/connecting flight/transfer. Any changes
to the actual airline will be notified to you as
soon as possible. Such a change is deemed to be a
minor change. Other examples of minor changes include
alteration of your outward/return flights by less
than 12 hours, changes to aircraft type, change of
accommodation to another of the same standard.
If we make a major change to your holiday, we will
inform you as soon as reasonably possible if there
is time before your departure. You will have the
choice of either accepting the change of arrangements,
accepting 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), or cancelling your booked holiday
and receiving a full refund of all monies paid. In
all cases, except where the major change arises due
to reasons of force majeure, we will pay compensation
as detailed below:
Period before departure within which notice of Cancellation
or major change is notified to you Credit/compensation
per full paying passengers (excluding infants)*
More than 56 days NIL
43-56 days £10
29-42 days £20
8-28 days £30
0-7 days £40
* For children invoiced at reduced rates, credit/compensation
will be paid on a pro rata basis of the adult rate.
7. Force Majeure
“Force Majeure”: includes war, threat
of war, riot, civil disobedience or strife, industrial
dispute, terrorist activity, natural or industrial
disaster, fire, adverse weather conditions, level
of water in rivers, unavoidable technical problems
with transport, or unavoidable event beyond the Company’s
control.
8. Pricing Policy
All fares and other information are subject to availability.
Once a confirmation invoice has been issued the price
shown on that invoice may only vary as outlined below
or if you amend your booking. While every effort
is made to avoid surcharges, the right is reserved
to pass on any cost increase levied by the suppliers.
No surcharge will ever be levied for air tickets
after we have received full payment in cleared funds
and tickets have been issued. (b) “Packages”:
Prices may only be changed to reflect government
action, increase in transportation costs (e.g. airfares
and cost of fuel), changes in dues and taxes (including
VAT) or fees payable for services (e.g. landing taxes
or embarkation/disembarkation fees at ports and airports)
or to reflect fluctuations in exchange rates. In
the case of an increase in cost the Company will
absorb an amount equivalent to 2% of the invoice
price (excluding insurance premiums and amendment
charges) and you will be asked to pay the remainder.
In the case of a decrease in cost of over 2% of invoice
cost, a refund will be paid to you.”
9. Dispatch of Travel Documents/e-tickets
The address for all documentation will be that given
at the time of booking. Documents will normally be
dispatched 14 days before departure. N.B. For bookings
made within 14 days of departure it may be necessary
for you to collect your air tickets at the airport.
Any other vouchers will be posted/faxed/emailed to
you direct. For additional security scheduled airline
tickets are usually sent by Recorded Delivery and
in this event it is your responsibility to ensure
receipt/collection. LATE BOOKINGS may also require
Registered/Courier delivery of documents in which
case the appropriate charges will have been advised
at the time of booking. Do not be alarmed if you
don‚t receive traditional flight tickets. Several
carriers have replaced these with electronic/e-tickets.
These are printed on simple A4 pieces of paper with
a specific number for each passenger. Other carriers
only require confirmation number and do not issue
any documentation at all.
10. If you have a complaint
If you have a problem during your holiday, please
inform the relevant supplier (e.g. your hotelier)
and our resort representative immediately who will
endeavour to put things right. If your complaint
is not resolved locally, please follow this up within
28 days of your return home by writing to our Airliner
Ltd, 3rd Floor Pembroke House, 5-9 Pembroke Road,
Ruislip Middlesex, HA4 8NQ or via email to info@luxurytrips.co.uk
giving your booking reference and all other relevant
information. Please keep your letter concise and
to the point. This will assist us to quickly identify
your concerns and speed up our response to you. It
is strongly recommended that you communicate any
complaint to the supplier of the services in question
as well as to our representative without delay and
complete a report form whilst in resort. 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.
11. Our liability to you
If the contract we have with you is not performed
or is improperly performed by us or our suppliers
compensation, where appropriate, will be paid. However
we will not be liable where any failure in the performance
of the contract is due to: you; or a third party
unconnected with the provision of the travel arrangements
and where the failure is unforeseeable or unavoidable;
or unusual and unforeseeable circumstances beyond
our control, the consequences of which could not
have been avoided even if all due care had been exercised;
or an event which we or our suppliers, even with
all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury
or illness, shall be limited to a maximum of 2 times
the cost of your travel arrangements. Our liability
will also be limited in accordance with and/or in
an identical manner to:
a) The contractual terms of the companies that provide
the transportation for your travel arrangements.
These terms are incorporated into this contract;
and
b) 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
that you can claim for death, injury, delay to passengers
and loss, damage and delay to luggage. We are to
be regarded as having all benefit of any limitation
of compensation contained in these or any conventions.
You can ask for copies of the transport companies’ contractual
terms, or the international conventions, from our
offices, Airliner Ltd, 3rd Floor Pembroke House,
5-9 Pembroke Road, Ruislip Middlesex, HA4 8NQ.
Under EU law (Regulation 261/2004) 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 of your 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. 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
12. Prompt assistance in resort
If the contract we have with you is not performed
or is improperly performed as a result of failures
attributable to a third party unconnected with the
provision of the services, or as a result of failures
due to unusual and unforeseeable circumstances beyond
our control, the consequences of which could not
have been avoided even if all due care had been exercised,
or an event which we or our suppliers, even with
all due care, could not foresee or forestall, and
you suffer an injury or other material loss, we will
offer you such prompt assistance as is reasonable
in the circumstances.
13. Passports, Visas and Health Requirements
Clients not holding passports marked “British
Citizen” must check applicable requirements
with their Embassy, Consulate or the British Foreign
Office. Please ensure that you are aware of all passport
and visa requirements and that you allow adequate
time to obtain them. Please note that many countries
require that your passport is valid for six months
beyond the period of your stay. Requirements can
change and it is your responsibility to ensure that
you comply with applicable passport, visa and health
requirements and take all necessary documents with
you to gain access to any country or region to which
you make travel arrangements. If you fail to do so,
you will be solely responsible for any cost, loss
or damage which you or the Company incurs as a result
of your failure.
14. Behaviour
It is your responsibility to ensure that you
and the members of your party do not behave in a way
which causes offence or danger to others or which risks
damage to property belonging to others. In such circumstances
all suppliers (e.g. hotel managers, airline pilots)
and the Company have the right to terminate arrangements
made on your behalf, in which case the Company’s
responsibility to you ceases immediately and there
can be no refunds, no payment of compensation and no
reimbursement of any cost or expenses you may incur
as a result. Further, you will be liable to reimburse
the Company for any expenses whatsoever it incurs as
a result of your behaviour.
15. Flights
Please note that a flight described as “direct” will
not necessarily be non-stop. All departure/arrival
times are provided by the airlines concerned and
are estimates only. They may change due to air traffic
control restrictions, weather conditions, operational/maintenance
requirements and the requirement for passengers to
check in on time. The Company is not liable if there
is any change to a departure/ arrival time previously
given to you or shown on your ticket. It is for this
reason that all clients are required to reconfirm
their flights, with the airline, 72 hours prior to
departure. The Company is also unable to make any
special arrangements for you if you are delayed;
these matters are in the sole discretion of the airline
concerned. Your ticket is your document of travel
and the information on the ticket is deemed correct
unless the Company is advised by you within 72 hours
of receipt.
16. Pre Travel Advice
The Foreign and Commonwealth Travel Advice
Unit may have issued information about your holiday
destination. You are advised to check this information
internet under the address www.fco.gov.uk. Alternatively,
you can contact the ABTA information Department
on 0906820520 (calls charged at 50p/minute).
17. Travel Insurance
We strongly recommend that you take out
travel insurance for your whole journey.
18. 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 problem or disability which
may affect your booked arrangements, you must advise
us in writing at the time of booking giving full
details. If we feel unable to properly accommodate
your particular needs, we must reserve the right
to decline/cancel your booking.
19. Building Works
We cannot be held responsible for continual
destination development but we will endeavour to
advise you of any building work that we consider
will affect the enjoyment of your holiday.
20. Early Accommodation Check-Out
If, for whatever reason, you check-out
early from your pre-booked accommodation you are
not guaranteed any form of refund for unused nights.
The information given to you by hotel staff may
be incorrect in respect of refunds. Our contracts
are with our suppliers and not hotels/apartments/villas
directly and we must adhere to their terms and
conditions.
21. Villa Security Deposits
It is to be noted that a security deposit
of USD$250 is required for villa accommodation on
collection of keys. By acceptance of these terms
and conditions you agree your credit card will be
debited locally for this facility.
Published: February 2009
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