2005/6 CLIENT TERMS AND BOOKING CONDITIONS
PLEASE READ THESE TERMS AND BOOKING CONDITIONS PRIOR TO PLACING YOUR RESERVATION, IT IS FOR YOUR BENEFIT AND TAKES ONLY A FEW MINUTES
1. INTRODUCTION.
All bookings are made direct with Try Holidays Ltd and are subject to these terms and conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times.
2.
MAKING THE
Once you have purchased one or more of our products (including those for whom we act as agent) and we have accepted your booking then a legally binding contract exists between you and us and we promise to provide you with the services you have booked, subject to these conditions. The person making the booking does so on behalf of him/herself and all the other people named in the booking. Where reservations have been made by telephone/email, the same legally binding contract exists. A signed booking form must be sent to Try Holidays Ltd as soon after booking as possible either by post, fax or email. A confirmation will be sent to you within 7 days after placing your reservation. Only persons named on your confirmation of booking may occupy the self catering property booked. A penalty of £25 per name/day will be levied on any unauthorised occupant. Some prices fluctuate dependent on the currency exchange rate but they will not exceed the printed price in the brochure which will be the price levied in the event of any dispute. Bookings are subject to the price quoted on the day the booking is made, not the day the enquiry was made. If you subsequently change the date of your booking, it will be interpreted as a cancellation and rebook when relevant punitive charges will be applied.
3. WHAT IS INCLUDED / NOT INCLUDED IN THE PRICE.
The price of villa and apartment accommodation is based on weekly rental for the maximum number of guests and includes, gas, water, electricity, linen (excluding cot linen), basic welcome pack (unless stated), basic weekly clean, (additional cleaning by prior request, subject to availability, and paid for locally) and pool maintenance. Wood for stoves is not included unless stated. Cots and highchairs are available where possible at £25 per week each in villas and apartments or paid for locally. Fans may be hired through local management where possible and are paid for locally. Personal towels are provided at all properties, beach towels are not provided. Items not mentioned in the property descriptions and found at the property are "non contract items" and their working order cannot be guaranteed. Prices for hotel bookings are per room per week and include meals as mentioned in the price list. Additional charges may be made for advertised hotel facilities eg tennis and the frequency of maid service varies from hotel to hotel.
4.
PAYING FOR THE
The deposit as shown below counts towards the total cost of the holiday and will be shown on your booking confirmation. No further confirmation or reminder will be sent. The balance must be paid at least 8 weeks before the departure date or your reservation will be will cancelled. Bookings made within 8 weeks before departure must be paid for in full at the time of booking. Where hotel bookings have been made, extras are to be paid on departure and it must be noted that not all hotels accept credit cards.
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BOOKING DEPOSITS TO BE PAID AT TIME OF BOOKING |
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HOTEL OR SELF CATERING PROPERTY |
£50 per person (except infants under 2) |
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CAR HIRE: |
£NIL |
Visa/Mastercard admin charge = 2%
Delta/Switch/Solo transactions = no charge
5. IF YOU CANCEL.
If you change your mind and cancel your booking or if you cancel for a legitimate reason you must inform us in writing. Cancellation charges are as follows:-
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PERIOD BEFORE DEPARTURE WHEN WRITTEN NOTICE OF CANCELLATION WAS RECEIVED |
CANCELLATION CHARGE |
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More than 56 days |
Deposit only except on scheduled flights where there is no refund |
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29/55 days |
50% of holiday price |
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1/28 days |
100% of holiday price |
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Day of departure |
100% of holiday price |
6. AMENDMENTS BY CUSTOMER.
If you wish to make any amendments to your holiday, we will do all we reasonably can to satisfy your request but we cannot guarantee to do so. Amendment charges incur a charge of £25 plus any further cost incurred in making the alteration/s.
7. CANCELLATION BY TRY HOLIDAYS LTD AND MATERIAL ALTERATIONS. (see also SECTION 16)
Force Majeure: Try Holidays Ltd will not compensate you if a force majeure event occurs, that is an event such as war, epidemic, industrial action, riots, civil disturbances, terrorist activity, natural and nuclear disasters, fire, epidemics or health risks, technical problems with transport, closed or congested airports and similar events beyond our control, which make it impossible for us to perform the contract or forces us to make changes to your holiday.
(a) Material Alterations: If Try Holidays Ltd cancel or make a material alteration (e.g. a significant change resulting in a different resort) to your holiday, you will be offered, at the earliest opportunity, the choice of an alternative holiday of comparable standard if available, or a full refund. Where this happens within 8 weeks of departure date, you will be paid £50 per booking form (not invoice) provided the change is not due to a force majeure event. No expenses or costs you incur as a result of any cancellation or amendment will be met.
(b) Minor Alterations: Try Holidays Ltd may find it necessary to change minor details of your reservation at their discretion and no compensation will be made.
(c) Additionally: In case of overbooking, where this only comes to attention on your arrival; alternative accommodation of comparable standard will be offered, if available for the duration of the overbooking and in the event of inferior accommodation being provided, reasonable compensation will be paid of which we will be liable for no more than twice the cost of the original accommodation calculated on a pro rata basis for each affected day.
8. PRICE SURCHARGES.
The price
of your travel arrangements is subject to surcharges on the following items for
increases in: transportation costs eg fuel, scheduled
airfares and any other airline surcharges which are part of the contract between
airlines (and their agents) and the tour operator/organiser; Government action
such as increases in VAT or any other Government imposed increases. Even in this
case, Try Holidays Ltd will absorb an amount equivalent to 2% of the holiday
price which excludes insurance premiums and any amendment charges. Only amounts
in excess of this 2% will be surcharged but where a surcharge is payable there
will be an administration charge of £1. If this
means paying more than 10% of the holiday price, you will be entitled to cancel
your holiday with a full refund of all money paid except for any premium paid to
Try Holidays Ltd for holiday insurance and amendment charges. Should you decide
to cancel because of this, you must exercise your right to do so within 14 days
from the issue date printed on the invoice. Surcharge invoices may not be sent
to clients within 30 days of travel. The price of your travel arrangements was
calculated using exchange rates quoted in the “Financial Times Guide to World
Currencies” on 21.07.03 in relation to the following currencies: EUR/CYP.
9. INSURANCE.
10. PASSPORTS, VISAS AND HEALTH.
A valid passport (not temporary) is required by all travellers (including children and infants) when you travel abroad, apply early if one is required or to renew an expired passport. The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. All children who are not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until: the child reaches the age of 16; or the passport on which the child is included expires; or the passport on which the child is included is replaced; or an amendment results in the issue of a new passport. Further information from the UK Passport Agency can be obtained through the following means: Tel 0870 521 0410 / Website www.passport.gov.uk. Application forms can be requested by phone or fax: Tel 0901 4700 110 Fax 0901 4700 120 (calls to request an application form cost between 60p and 90p). Non British citizens or non British passport holders may require a visa and are responsible for the provision of this visa. The DSS form E111 or the "Health advice for travellers" (T6), available from your Post Office, are comprehensive guides to the health requirements of holidaying abroad. It is assumed by Try Holidays Ltd that all individuals on the booking form are fit to travel and that any pre-existing medical conditions are declared before booking as this may jeopardise any insurance claim and/or refund. Pregnant passengers more than approx 28 weeks at the time of return travel may be refused air transportation, however, airlines have differing policies and pregnant passengers should check before booking. The Foreign & Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information on BBC2 (Ceefax) page 470 onwards or on www.fco.gov.uk or telephone 0207 2384503/4 or contact the ABTA Information Department on 0901 2015050 (calls charged at 50p/minute).
11. COMPLAINTS.
If you have
a complaint about any aspect of your holiday please inform our management
representative/hotelier/car hire supplier immediately. If the complaint remains
unresolved you should communicate you complaint in writing to them and send a
copy to the Try Holidays Ltd
12. BUILDING WORK, BROCHURE DESCRIPTIONS AND PROPERTY SUITABILITY.
Building work can occur at any time and is a problem which can occasionally affect properties, the vast majority of which are in residential, not tourist areas and owners need not subscribe to tourist council demands to contain work to a certain season. Where we are aware of extensive building work prior to your reservation taking place, we will notify you in advance and if deemed necessary and if possible, alternative accommodation will be offered at the same price as the original travel arrangements or to cancel without penalty. We have attempted to describe and categorise properties in order that you may make the best informed decision on the most suitable property but all specific requirements/special needs must be enquired about before booking. Particular consideration should be given to : a) Rustic/rural properties will be exposed to domestic and wild beasts which may not be mentioned in the property description; gardens are generally "untamed"; paths/tracks acting as entrances to houses are sometimes uneven and unsuitable for prams, the very young or infirm and occasionally internal stairs may have no railings. b) Properties are mainly furnished with locally purchased fixtures and fittings in keeping with their environment and Try Holidays Ltd cannot be accountable for customers' individual tastes or standards of quality. c) Bed size and standard is often different to the British standard. d) Heating methods vary and suitability should be checked. e) Swimming pools are usually operational from May to October approximately and are weather dependent. f) Satellite TV may only have a limited selection of channels available and there is no guarantee that channels received are English. g) Room types : "twin" is a room with 2 single beds and "double" is a room with 1 double bed. We have tried to establish exact types of beds available though in all cases, requests for specific beds cannot be guaranteed.
13. PROPERTY ACCESS AND VACATION / KEYS.
In order
that properties may be serviced, access may only be gained by 1700 hours on the
day of arrival and you must vacate the property by 1000 hours on the day of
departure. Note: Some alterations may be made to the above times to suit
individual requirements at the discretion of the property management
representative/hotelier named on your "property hints and directions".
Properties are private residences and it may not always be possible to leave
luggage whilst waiting for a property to become available or when leaving for a
late return flight - check before booking. Keys must be returned immediately
upon your return to the
14. BREAKAGES AND CLEANLINESS.
Try Holidays Ltd reserve the right to request a bond from you on behalf of our suppliers for any reason that we consider necessary as a guarantee against damage or breakages prior to your return travel date. This bond must be paid prior to your holiday start date, returnable only after the property has been checked by a representative within 7 days of your return. All guests should treat properties with respect and leave them clean and tidy. Guests are expected to maintain the standard of cleanliness throughout their stay in the interests of discouraging pests - rubbish must be disposed of correctly and in the prescribed manner at all times. Damages should be reported to our representative as soon as possible and must be paid for, we reserve the right to charge for damage or breakages not reported and discovered after clients' departure.
15.OUR
RESPONSIBILITY TO YOU.
Try Holidays Ltd accept
responsibility for ensuring the holiday which you book with us is supplied as
described both in this brochure and verbally to you, and the services offered
reach a reasonable standard. If any part is not provided as promised, you will
be paid appropriate compensation if this has affected the enjoyment of your
holiday. Try Holidays Ltd accept responsibility for the
acts and/or omissions of their employees, agents and suppliers, except where
they lead to death, injury or illness. Our liability in all cases shall be
limited to a maximum of twice the cost of the holiday. Try Holidays Ltd accept
responsibility for death, injury or illness caused by the negligent acts and/or
omissions of our employees or agents together with our suppliers and
sub-contractors, servants and/or agents of the same whilst acting within the
scope of, or in the course of their employment in the provision of your holiday.
Try Holidays Ltd will accordingly pay to their clients such damages as might
have been awarded in such circumstances under English Law. In respect of
carriage by air, sea and rail and the provision of accommodation, their
liability in all cases will be limited in the manner provided by the relevant
international convention. If any client suffers death, illness or injury whilst
overseas arising out of an activity which does not form part of the foreign
inclusive holiday arrangement or excursion arranged through us, Try Holidays Ltd
shall, at their discretion offer advice, guidance and assistance to help you in
resolving any claim you may have against a third party, provided they are
advised of the incident within 90 days of the occurrence. Where legal action is
contemplated Try Holiday's authority must be obtained prior to commencement of
proceedings and be subject to your undertaking to assign any costs recovered or
any benefits received under an appropriate insurance policy to ourselves. Try
Holidays Ltd costs in respect of the above on behalf of you and your party shall
not exceed 3 times the value of the original holiday cost.
16.DATA
PROTECTION STATEMENT.
In order to process your
booking and to ensure that your travel arrangements run smoothly we (and your
travel agent if applicable) need to use the information you provide (such as
name, address, any special needs/dietary requirements etc). We take full
responsibility for ensuring that proper security measures are in place to
protect your information. You have a right of access to data held. We must pass the information on to the relevant
suppliers of your travel arrangements such as airlines, hotels, transport
companies etc. The information may also be provided to 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
this country. We will not however, pass any information onto any person not
responsible for part of your travel arrangements. This applies to any sensitive
information that you give to us such as the 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. 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 approaches in the future you must ask us to remove you from our database.
We will not provide your details to any third party for similar purposes.