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1.
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Booking Payment and Confirmation
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| (a) |
After receiving your completed booking form and applicable payment,
Havanatour will issue a confirmation invoice. It is at this stage
that a binding contract comes into existence between you and Havanatour. |
| (b) |
The person who signs the booking form will be treated as doing so
on behalf of and with the consent of all the persons for whom the
booking is made. That person will be responsible to us for full payment
of the price (including any insurance premiums and cancellation/change
charges). |
| (c) |
For tailor-made bookings the requested services will only be booked
upon receipt of your booking form and deposit payment. Your confirmation
invoice in this instance will indicate your requested package cost
and you will be advised of any service that is still on request at
the time the confirmation invoice is issued.
It is your responsibility to carefully check the confirmation invoice
and to immediately inform Havanatour or your travel agent of any error. |
| (d) |
The balance of your tour cost is payable not less than 8 weeks prior
to departure. If the full balance is not received on time Havanatour
will treat the booking as cancelled by you and will levy the cancellation
charges set out in clause 7 below.
If you book within eight weeks of departure, full payment will be
due with your completed Booking Form. |
| (e) |
Late bookings are those made within 14 days of departure. Once your
booking has been made definite over the telephone and the company
has confirmed full holiday details including a Booking Reference Number
to you or your travel agent a verbal contract shall be deemed to exist
between you and Havanatour UK Ltd and all booking conditions including
cancellation charges shall apply. Full payment will be required immediately. |
| (f) |
For bookings involving accommodation/car hire only Havanatour reserve
the center to charge additional supplements which will be notified
at the time of booking. |
| (g) |
To take advantage of certain special fares/offers, we may be required
to issue tickets well before travel. Therefore in this instance full
payment may be required at the time of booking and 100% of the flight
cost will be levied if you have to cancel or make changes. This also
applies to discounted Business Class fares. |
| (h) |
Travel documents will be sent approximately ten days before departure.
For bookings made within ten working days of departure, documents
can be collected from the Havanatour office during normal working
hours or sent by courier upon payment of relevant charges. |
| (i) |
Where documents need to be issued at the airport any fees will also
be payable by you.
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2.
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Special Requests by You
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Any special requests must be made in writing at the time of booking.
Every effort will be made to ensure that these requests are fulfilled,
but they cannot be guaranteed.
We may have to make a charge to meet the costs of providing them.
Please note that such requests do not form part of our contractual
obligations and we have no liability to you if they are not met.
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3.
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Your Travel Agent
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If you book your holiday through a travel agent we will communicate
with you through the travel agent. All monies paid by you to an approved
travel agent is held at all times by him on our behalf and we are
responsible for your booking immediately you have received an ATOL
receipt or confirmation invoice.
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4.
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Alteration by You
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If you wish to make any amendments to your holiday after the confirmation
invoice has been issued, you must inform us in writing and we will
do our best to implement your request. In the event that we are able
to do so, communication charges and other expenses will be payable
by you together with an amendment fee of 25 per alteration per booking,
in addition to any charges passed on by our suppliers (e.g. hotels,
airlines). However, if you change your booking less than eight weeks
before departure this will be treated as a cancellation and a new
booking and you will be liable for the cancellation charges set out
in clause 7.
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5.
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If we have to make a Major Change to your Holiday
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If before you depart we have to make a major change to your holiday
arrangements e.g. a change of resort area or hotel of lower standard,
airport (but excluding changes between London airports and aircraft
type), airline, hotel or date of departure, it will only be because
we are forced to do so by circumstances usually beyond our control.
In such an unlikely event we will inform you or your travel agent
immediately and our objective will be to minimise your inconvenience.
We will wherever possible offer you alternative arrangements as close
as possible to your original choice. They may be of superior value
- at our expense of course - or of similar value. In the unlikely
event that they are of inferior value (e.g. if only lower grade hotel
is available) we will refund the difference in holiday price and also
provide you with a cash refund (see grid below).
You will then have a choice of accepting, taking another available
holiday of similar price or cancelling. Should you choose to cancel,
compensation will be payable and you will be reimbursed all monies
paid to us. In no circumstances can we be held liable for any consequential
loss or incidental expenditure incurred as a result of these changes.
Cash refund per person:
| More than 56 days before departure date |
Nil |
| 56 - 28 days before departure date |
20 |
| 27 - 14 days before departure date |
30 |
| 13 days or less before departure date |
40 |
Clearly such refunds do not apply to changes caused by reason of civil
strife, riots, war, threat of war, natural disaster, industrial action,
technical or maintenance problems affecting transport, terrorist activity,
closure of airports or similar events beyond our control, fire and
adverse weather conditions, changes due to rescheduling or cancellation
of flights by an airline or charter and alteration of the airline
or aircraft type (please see details of your insurance cover regarding
flight delays).
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6.
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Group Tours
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Some of our holidays are based on a minimum number of participants
and in the unlikely event that these numbers are not reached we reserve
the center to cancel the tour and refund all payments made. Group
tours will not be cancelled due to lack of numbers later than 6 weeks
before departure.
We also reserve the center to alter the arrangements for any group
tour if, in our opinion, this becomes necessary. For instance, factors
beyond our control might necessitate a change of tour leader, the
hotel specified, or the route to be followed.
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7.
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Cancellation by You
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You, or any member of your party, may cancel your holiday at any
time providing that the cancellation is made by the person signing
the booking form and is communicated to us in writing which we strongly
advise by recorded delivery. As this incurs administrative costs,
we will retain your deposit and also apply cancellation charges as
shown below. Also insurance premiums are not refundable.
| Period before departure within which written cancellation
is received |
Amount of cancellation charge shown as a percentage of
holiday price |
| More than 56 days |
Deposit only |
| 13 days or less before departure date |
45% |
| 28 - 15 days |
75% |
| Less than 15 days |
100% |
Note: If the reason for cancellation is covered under the terms of
your insurance policy, you will be able to reclaim these charges,
less excesses and insurance premiums.
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8.
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Cancellation by Us
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We try never to cancel a holiday, but must reserve the center to
do so. In particular, we will cancel your holiday if you fail to make
any payment by the due date.
If we cancel your holiday for any other reason we will inform you
or your travel agent as soon as practicable and you will have the
option of choosing an alternative holiday of a comparable standard,
if available, or receiving a prompt refund of all monies paid. In
addition, unless the cancellation has been caused by force majeure
or low bookings (defined in clause 6 above) we will pay you the compensation
amounts set out in the table in clause 5. If cancellation is because
of low bookings you will be notified at least 28 days before departure.
The only circumstance in which a holiday will be cancelled less than
28 days before departure is where it is cancelled by reason of force
majeure.
Please note that we are not liable for any consequential financial
loss or incidental expenditure resulting from the cancellation of
your holiday.
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9.
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Prices
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Prices are based upon a rate of exchange between sterling and the
US dollar of 1.70 as quoted in the Financial Times on 8th January
2004. Prices are subject to variation if there is an increase due
to government action, a change in exchange rates, or increase in transportation
costs or fuel prices. Any increase in the tour price will be notified
to you at least eight weeks prior to departure. Havanatour will in
any event absorb such part of the surcharge as is equivalent to 2%
of the holiday price. If surcharges exceed 10% of the original holiday
price you may exercise the option to cancel your holiday arrangements.
If you settle the final balance of the holiday price by the due date
we will absorb any price increases after that date. In return for
this commitment, we are unable to make any refund or reduce any other
costs should the value of the pound increase against the currencies
used. Our financial year begins on 1 January and ends on 31 December.
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10.
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Your Responsibilities to Us
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| (a) |
Passports and Visas:
It is your responsibility to ensure that you and those for whom you
are booking are in possession of valid passports and any appropriate
visas. You are responsible for any charges, fines etc that may be
levied by UK or overseas authorities for non-compliance of passport
and visa regulations. |
| (b) |
Health:
Recommended inoculations for travel may change at any time and you
should consult your doctor on current recommendations before you depart.
Health requirements for your holiday destination are outlined in the
Department of Health leaflet entitled The Travellers Guide to Health
(T6), which is available by calling 0800 555 777. It is your responsibility
to ensure that you obtain all recommended inoculations, take all recommended
medication and follow all medical advice in relation to your trip. |
| (c) |
Transportation:
It is your responsibility to ensure that you arrive in good time to
board all flights or other method of transportation. To assist you,
we will notify you of the times by which you should arrive at all
points of departure. If you miss a flight or other transportation
we will try to arrange alternative transportation, but reserve the
center to recover from you any costs we incur in making such arrangements. |
| (d) |
Behaviour:
Any client who through unruly behaviour or infringement of accommodation
regulations, local laws and customs or upset the enjoyment of other
clients are liable for eviction from their accommodation and must
seek alternative accommodation at their own expense.
All aircraft captains have the legal center to deny boarding to any
passenger who is deemed unacceptable to fly due to intoxication or
unruly behaviour. In this case the holiday is forfeited and no money
refunded.
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11.
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Our Responsibilities to You
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We accept responsibility for any death, bodily injury or illness
caused to you as a result of the proven negligent acts and / or omissions
of our employees, agents and our suppliers and sub-contractors and
their servants and / or agents while acting in the scope of, or in
the course of their employment in connection with the provision of
services provided as part of your holiday. Except as provided in paragraphs
(a) to (c) below, we accept responsibility for any damage caused to
you as a result of any failure to perform or improper performance
of the services we have agreed to provide to you. We will not be responsible
to you where such failure or improper performance is not due to our
fault or that of our suppliers because: |
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(a) Such failure is attributable to you or any member of your party. |
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(b) Such failure is attributable to a third party unconnected with
the provision of the services to be provided to you and is unforeseeable
or unavoidable. |
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(c) Such failure is 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 to an event which
we or our suppliers or agents, even with all due care, could not foresee
or forestall.
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12.
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Conditions of Carriage
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Land, sea and air carriers have their own conditions of carriage
with which you must comply. These conditions of carriage may include
limitations or exclusions of liability. A copy of relevant conditions
of carriage will be supplied on request. Our liability for such claims
will not exceed the limit of the relevant international convention.
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13.
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If you have a Complaint
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We accept that things can and do occasionally go wrong. If you have
a complaint or problem during your holiday, it is a legal requirement
that you inform the relevant supplier our local agent or our office
direct who will endeavour to put things center. If your complaint
cannot be completely resolved locally, you must obtain written confirmation
from the supplier or our local agent of the complaint lodged.
It is a condition of this contract that you communicate any problem
to the supplier of the services in question and where available to
our representative whilst in the resort and obtain written confirmation
of the complaint lodged. If you fail to follow this simple procedure
we cannot accept responsibility as we have been deprived of the opportunity
to investigate and rectify the problem.
If you are unable to resolve your complaint locally to your written
satisfaction you must write using recorded delivery to our UK office
within 28 days of your return enclosing as much documentary evidence
as possible.
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14.
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General Tour Price Exclusions
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| (a) |
The cost of personal items such as laundry; drinks with meals or
otherwise; incidentals, etc.. |
| (b) |
Airport security charges if levied by any airport to cover the cost
of security arrangements. |
| (c) |
Optional excursions |
| (d) |
Transport between your home and airport / port / station. |
| (e) |
Gratuities for service provided on a personal basis. |
| (f) |
Meals other than those specified. |
| (g) |
Flight supplements. |
| (h) |
Optional extras linked to late bookings, amendments etc, as stated
in our booking conditions.
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15.
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Excursions / Representatives and Agents
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| (a) |
Excursions only form part of your holiday arrangements if they are
described or purchased before departure. |
| (b) |
Our acceptance of liability for the acts of our representatives
or agents in clause 11 above is only binding if our representatives
or agents are acting with our authority and / or performing their
duties as described in this brochure. This excludes for example any
social contact that you may have with them.
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16.
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Legal Jurisdiction
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The Laws of England shall apply in all respects and the Courts of
England shall have sole jurisdiction. |
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Booking Conditions valid 01.01.04 31.12.04
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Important Information about your
Hotel Accommodation
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ROOMS
Most double rooms have twin beds. We can request a matrimonial bed
but this cannot be guaranteed. Where you have booked a triple room
or your children are sharing a room with you, floor and drawer space
may be cramped. Single rooms are limited in number and in some cases
may be inferior in standard and position. The extra charge paid for
a single room is for the convenience of having a room to yourself.
Please note where accommodation is described as having a sea view,
this means that a view of the sea will be available when standing
on the balcony or terrace. If your room does not have a balcony or
terrace, a view of the sea will be available from the room. Not all
accommodation will face the sea directly and, on occasion, trees may
partially obscure the view, particularly from rooms on lower floors.
The standard of air-conditioning may vary from hotel to hotel. For
example, in older hotels the fan may be noisy and it is also possible
that due to government restrictions or the hotels own policy on energy
use, the management may be required to turn off the air-conditioning
at certain times. In some hotels air-conditioning is only turned on
in high season.
No distinction is made between a terrace and a balcony, or a bath
and a shower. Linen is not always as large as in the UK and towels
can be small. Any charges for cot hire should be paid direct to the
hotel. Cots and high chairs do not always conform to British safety
standards so we recommend you exercise caution in their use. When
you make a special request i.e. type of room, location within the
hotel, diet, a particular hotel facility, we will make every possible
attempt to arrange, but it cannot be guaranteed.
On the last day of your holiday, you will be asked to check out of
your room in the morning, but in many hotels courtesy rooms may be
available for a local charge. |
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HOTEL DESCRIPTIONS
Hotels can and do withdraw facilities at certain times as a result
of bad weather or the need for maintenance or refurbishment. Some
amenities may not be available in low season and this is one reason
why prices are cheaper at these times. Where outdoor facilities are
advertised by the hotel, they should be available but obviously they
are subject to weather conditions. Public holidays may also affect
the availability of facilities on occasion. Hotels may make charges
for the entrance to, or participation in evening events, discotheques
etc. or for facilities such as tennis courts, mini golf, table tennis,
fitness centres, saunas etc. Likewise the use of deckchairs, umbrellas,
sunbeds and beach equipment has sometimes to be paid for, swimming
pools have to be emptied now and again for cleaning and maintenance,
and water cuts may even occur. In tropical countries, insects and
small animals are in abundance and can be found within hotels. This
is not a sign of lack of cleanliness, rather a fact of travel in the
tropics. |
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BUILDING WORK
Building works and noise are almost unavoidable in certain developing
resorts.Unfortunately, such developments are not under our control
nor do we always receive advance notice of when they will begin. However,
where we are aware of any major building works which may reasonably
be considered to adversely affect your enjoyment, we will notify you
as soon as possible. If necessary and possible we will offer you the
opportunity to transfer to an alternative holiday at the advertised
price or cancel the holiday without penalty. However, we are under
no obligation do so. In some resorts the provision of roads, power
and water supplies does not always keep pace with demands of rapid
tourist development, so you may experience problems with, for example,
plumbing or drainage. |
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OVERBOOKING
All bookings will be confirmed with our suppliers, and the confirmation
number printed on your voucher. However, on occasion a hotel may subsequently
overbook. When this occurs, through no fault of our own, we shall
make alternative arrangements. Such arrangements are dependent on
local circumstances and in the respect the Companys liability if
limited in accordance with Clause 5 of our Terms
and Conditions. |
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MEALS
It is possible you may miss a meal due to the time of arrival or departure
from your hotel. This fact has been reflected in calculating the cost
of your holiday. Bed and breakfast usually consists of buffet breakfast.
Half board consists of breakfast and evening meal. Full board consists
of breakfast, lunch and evening meal. The standard of meals and service
at hotels varies enormously depending on the standard of the hotel
and local conditions. In lower grade hotels meals are basic in quality
and quantity and service can be slow. The choice and standard of vegetarian
meals will be limited. |
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WATERSPORTS
Watersports are provided by the individual hotels. It is the clients
responsibility to ensure insurance provides adequate cover. It will
be assumed all clients partaking in watersports are able to swim.
We strongly suggest that all clients refrain from high risk activities
whilst on holiday. Equally we suggest that you refrain from the use
of independently operated watersports (particularly jet skis) and
motorbike and bicycle hire. These independent operators frequently
have no insurance or have inadequate facilities. |
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ALL-INCLUSIVE PLANS
- On arrival you may be issued with an identity card or bracelet
to be shown when obtaining meals and drinks. If this is lost a
charge may be made by the hotel for a replacement.
- Whilst in most instances meals, drinks and many activities and
sports are paid for within the price of your holiday, on occasion
fine wines, imported spirits and motorised watersports may be
excluded.
- All hotels reserve the center to refuse to service alcohol to
guests who, in their judgement, are intoxicated and likely to
cause offence to other guests.
- Restrictions to the opening times of food and beverage outlets
may apply.
- Clients should not infer that all inclusive hotels are always
of superior standard and that the hotel is available exclusively
on all inclusive plan.
- Plastic cups, cutlery and sunloungers are a feature of many
all inclusive hotels.
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