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Terms & Conditions
YOUR CONTRACT IS WITH AME HOLIDAYS. 1. Your Holiday Contract When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. 2. Your Financial Protection Holding ATOL No 5974 issued by the Civil Aviation Authority, which provide for your protection in the event of our insolvency. 3. Your Holiday Price When you make your booking you must pay a deposit of 10% for holidays over £3500 and 20% for holidays up to and including £3499.99. The balance of the price of your travel arrangements must be paid at least 90 days before your departure date. If the deposit and/or balance are not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser. Also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will not be absorbed for increases nor retained from refunds. In either case there will be an administration charge of £10.00 per person together with an amount to cover agents' commission. If this means that 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. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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 your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 6 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. 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. 4. Pricing Policy Our prices are based on special airline and hotel rates, which are negotiated many months in advance, and will be subject to availability at the time of booking. In some cases, minimum stay restrictions and compulsory supplements may apply, for example for Gala dinners during Christmas and New Year periods. For this reason we reserve the right to raise or lower our prices at any time before you book your holiday. If at the time of booking your holiday the price has changed from that initially shown to you, you will be advised of the revised price prior to booking. To ensure that our prices remain as low as possible we assume payment will be made by cash, cheque or debit card. We are also pleased to accept payment by credit or charge card but a small surcharge is levied. 5. If You Change Your Booking 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, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of (£50), 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. Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. 6. If You Cancel Your Holiday You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. Period before departure within which written cancellation is received Amount of cancellation charge shown as a percentage of the price for the travel arrangements More than 42 days: Deposit only 29-42 days: 50% 22-28 days: 60% 0-21 days: 100% Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 7. If We Change or Cancel Your Holiday It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. 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 or your travel agent 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. Please note that carriers such as Airlines seen on our website may be subject to change. 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 or your travel agent 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 received by us or notified to you Compensation per person More than 56 days: £ Nil More than 29-56 days: £10 More than 15-28 days: £20 More than 14 days: £40 The compensation that we offer does not exclude you from claiming more if you are entitled to do so. Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions. 8. 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 Customer Services Department at AME Holidays 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 suggested 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. 9. What Happens To Complaints Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. 10. Our Liability to You (i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this brochure. If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. Subject to paragraph (ii) below our liability in all cases shall be limited to a maximum of the costs of your travel arrangements. (ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law or the law you have chosen under clause 1 above. (iii) In respect of travel by air, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our offices. 11. Personal Injury Unconnected With Your Booked Travel Arrangements 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. 12. Conditions of Carriage The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight. 13. Health Matters For information pertaining to both recommended and compulsory health requirements for countries featured, we recommend that you consult the leaflet, Advice on Health for Travellers, which is available from the Department of Health. We also recommend that you consult with your own doctor prior to departure regarding inoculations. 14. Data Protection Policy In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information which you provide such as name, address, and any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass your information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. This information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in the UK. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. Your data controller is: the Operations Manager, AME Holidays. You are entitled to a copy of your information held by us. If you would like to see this, please contact the data controller. We will make a small charge of £15 to cover the cost of extracting this archived data. 15. Marketing We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such information in the future, please write to us via post or e-mail with details of your name, address and travel arrangements to our address below. AME Holidays 120 Carshalton Park Road Carshalton Beeches, Surrey United Kingdom SM5 3SG info@ameholidays.com |
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