BOOKING TERMS AND CONDITIONS
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
Our obligations to you will vary depending upon whether we create a package holiday for you or otherwise act as an agent for another travel supplier. We will tell you the capacity in which we act prior to confirming your booking. The conditions which apply to different bookings are set out below in three separate sections. Section A sets out the conditions which apply to all bookings. Section B sets out the conditions which apply when we act as an agent for another travel supplier (in which case your contract will be with that other travel supplier). Section C sets out the conditions which apply when we package your holiday (in which case your contract will be with us).
SECTION A – APPLICABLE TO ALL BOOKINGS
When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s) (where relevant). When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the confirmation receipt (or any other document) are wrong, you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are traveling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date (i) where we act as an agent, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions, and (ii) where you have booked a package with us, you will be subject to our cancellation charges (see section C below). Full payment is due 10 weeks prior to departure
We endeavour to ensure that all the information and prices both on our website and in our printed collateral are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
CLIENTS WITH SPECIAL NEEDS
Where we are acting as an agent we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all such requests in advance before a booking is confirmed.
Where you are booking a package holiday with us and you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact us before completing any reservation to ensure compatibility for the holiday that you have chosen.
Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation or cruise ship. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
PASSPORTS AND VISAS & ENTRY REQUIREMENTS
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries and all cruise lines now require passports to be valid for at least 6 months after your return date.
FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
Where we are acting as an agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent or Century Travel immediately . If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may also be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, we ask you to write to Century Travel.
Where you have booked a package holiday with us, please inform the relevant local supplier immediately and also contact us on the numbers provided on your travel documents that we send to you. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to our local supplier of the services in question without delay and complete a report form whilst on holiday. 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. Should you have cause to complain, please contact us using the following email address: firstname.lastname@example.org. In the event that your complaint remains unresolved following our complaints procedure, you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr
We are a member of and licensed as an inbound/outbound travel agent with the CTO (Cyprus Tourist Organisation) , We are also members of ACTA (The Association of Cyprus Travel Agents)
If the change or cancellation is due to force majeure (i.e.; circumstances w here the performance of our contract w ith you is prevented or
affected by reasons of w ar, threat of w ar, civil strife, political unrest, riots, closure of airports or ports, industrial disputes, terrorist activity, natural
and nuclear disasters, fire, epidemic, pandemic or health risk, Acts of God, adverse weather conditions, government actions and all similar events beyond our
control, Century Travel shall not be liable for any compensation or otherw ise responsible for any expenses or losses the client may incur.
How ever, all possible assistance will be offered to find an alternative holiday.
LAW AND JURISDICTION
These terms of business are governed by the Republic of Cyprus law and the courts of the Republic of Cyprus have exclusive jurisdiction.
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 which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
DATA PROTECTION AND PRIVACY
For the purposes of the Data Protection Act 1998 we are a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party’s members, passport details, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will inform you. We must pass on your personal details to the companies and organizations who need to know them so that your travel arrangements can be provided (for example your airline, hotels, transport companies, credit/debit company or bank). The 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.
We have appropriate security measures in place to protect the personal details you give us. Where your travel arrangements are to take place 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 on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements. We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing or by email. 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 of €20 to respond to such a request. In limited circumstances we are entitled to refuse your request. We may use your details in order to notify you of other offers and promotions which might be of interest to you. Please inform us at the time of booking if you do not wish us to do so. Where any future offers are sent to you by email, we will always give you the opportunity to opt out and be removed from our mailing list. Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give us as set out above unless you agree otherwise.
SECTION B – AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent.
When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise Company or other supplier) named on your receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. For cruise only bookings or an air sea booking with a cruise line, Century Travel acts as an agent for the cruise line and your contract is with the cruise line directly.
CANCELLATION AND AMENDMENT
You can communicate any cancellation request to us via telephone, however for any cancellation to take effect this must be followed up by also sending the request to us in writing, and we recommend that you do so by way of e-mail. Any amendment request should also be sent to us in writing. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.
CHANGES OR CANCELLATIONS BY THE SUPPLIER
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them, if cancellation penalties apply, Century Travel will charge an additional €250 for our services provided.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you on your booking confirmation. All balances are due 10 weeks prior to departure unless otherwise advised at the time of booking/on booking confirmation. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
SECTION C: PACKAGE HOLIDAY BOOKINGS
When we package your land or cruise holiday for you, your contract will be with us and the following booking conditions set out at this section C will apply to your booking.
DEFINITION OF A PACKAGE/LINKED TRAVEL ARRANGEMENTS:
The combination of the travel services offered to you is a “package” within the meaning of the package travel and associated travel arrangements law.
For the purposes of the present information “package” or “organised journey” means the combination of at least two (2) different types of travel services in the context of the same journey or holiday, if-
(a) These services have been combined by a trader, even on request or in accordance with the traveller’s choice, before the conclusion of a single contract involving all the services in question;
(b) Irrespective of whether separate contracts are concluded with providers of individual travel services, these services;
(i) purchased from a single point of sale and selected before the traveller agreed to pay,
(ii) are offered, sold or charged at a price where all such services are counted or at a total price;
(iii) advertised or sold by the term “package” or by a similar term,
(iv) are combined after the conclusion of a contract whereby a trader offers the right to the traveller to choose between different types of travel services;
Should we become insolvent, the amounts paid shall be reimbursed. Our company has concluded an insolvency protection agreement with ACTA.
If, after selecting and paying for a travel service, you book additional travel services for travel or holiday through our company D.V Century Travel Consultants Ltd, You DO NOT enjoy the rights provided for packages according to with the Organized Travel and Associated Travel Settlements Law.
Therefore, our company D.V Century Travel Consultants Ltd will not be responsible for the proper performance of these individual travel services. If you have a problem, you can contact your service provider.
However, if you book additional travel services during the same visit or contact with our company D.V Century Travel Consultants.Ltd, these will be part of an associated travel arrangement. In this case D.V Century Travel Consultants Ltd has secured, as required by law, protection for the refund of the amounts you paid to D.V Century Travel Consultants.Ltd for services were not executed because of its insolvency
Please note that this protection does not provide for a refund in the event of the insolvency of the relevant service provider.
D.V Century Travel Consultants Ltd has a contract of protection against insolvency with ACTA who is the beneficiary of an insurance policy with Ydrogios Insurance Company (Cyprus) Ltd who D.V Century Travel Consultants Ltd has entered into a guarantee agreement.
Travelers can contact ACTA or, where appropriate, with the Consumer Protection Service (Agapinora 2 IRIS Hall, 1421 Nicosia, tel. +357 22 200 900, email: email@example.com), if we do not provide travel services due to our Company’s insolvency.
Note: This protection against insolvency does not cover
contracts with parties other than D.V Century Travel Consultants Ltd that can be executed despite the insolvency of D.V Century Travel Consultants Ltd.
In the following link you can find the relevant Legislation on Organized Travel and Associated Travel Arrangements Law of 2017 (186 (I) / 2017):
When you book travel arrangements with us, you must pay either a deposit (to be advised at the point of booking) or the full balance of the total advertised price, if booking within 10 weeks of departure. Where you pay only a deposit at the time of booking, full payment is due no later than 10 weeks prior to departure.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.
We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 8% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. 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. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
CHANGES BY YOU
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of €75 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
IF YOU CANCEL
If you or any other member of your party decides to cancel your confirmed booking you can communicate your request to us via telephone; however, for the cancellation to take effect, this must be followed up by also sending the request to us in writing. We recommend that you use e-mail. Communications must arrive no later than 3pm, Monday-Friday, to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday will be deemed to have been received on the next working day. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
Period before departure within which notice of Cancellation is received by us
Amount of cancellation charge shown below are our standard charges. They may vary dependant on supplier. Please ask for details at time of notification.
71 days or more Loss of deposit
70 – 36 days 75% of holiday cost
35 days or less 100% of holiday cost
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
IF WE CHANGE OR CANCEL YOUR PACKAGE 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 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 70 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) 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). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 70 days before departure, we will also pay compensation as detailed below:
Period before departure within which notice of Cancellation or major change is notified to you if we make a major change or cancel your holiday
More than 70 days Nil
From 69 to 43 days €20
From 42 to 29 days €30
Less than 29 days €40
We will not pay you compensation where we make a major change or cancel more than 70 days before departure or in the event that 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 if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 70 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
If you have taken the option to receive a complimentary upgrade, should one become available you could be allocated a cabin anywhere on the ship. Once your cabin has been allocated you will not be able to revert back to your original cabin or grade.
IF WE CANCEL YOUR HOLIDAY DUE TO COVID-19
If your booked travel has to be cancelled due to covid-19 under the new law Number 59 (I) of 2020 issued by the Government of the Republic of Cyprus, regarding extraordinary measures for the tourism sector in 2020. Should Century Travel not yet be in receipt of refund from suppliers, a Credit Note Voucher (CNV) will be issued.
- We will provide you with a credit note voucher matching the value of all monies paid by you for the holiday booked.
- This voucher can be used towards any travel arrangements booked by Century Travel no later than 31 December 2021 but without any restriction on date of departure beyond this date.
- The credit note voucher can be transferred to anyone of your choosing subject to Century Travel receiving in writing from you this request. This has to be provided in letter format with your signature followed by verbal confirmation from you of the same. Emails will not be accepted
- If you have not assigned your credit note voucher to a new booking by 31 December 2021, Century Travel will refund you the full value of the credit note voucher no later than 31 January 2022
IF YOU WISH TO TRANSFER YOUR PACKAGE HOLIDAY
If you wish to transfer to another cruise, this will be treated as a cancellation. “we” /”us “, at its discretion, may allow the transfer to occur without treating it as a cancellation, if the new cruise to which the transfer is to be made, departs within 6 months of the original booking and is for the same or a higher price than the original booking. If you wish to amend or cancel an existing element of your holiday, your holiday cost will remain at the same value or higher than the price of the original booking and can not be reduced. Agreement to transfer a cruise would be conditional upon request, in writing from the lead passenger, being made more than 17 weeks before the original scheduled departure date. This is subject to availability and any expenses (such as airline, hotel and cruise charges) incurred by “we” /”us “as a result of the request to transfer. A transfer would only be allowed on one occasion and any discount or promotion applicable to the original booking will not be applied to the new booking and in this case you will be required to pay any difference in price. Should a request be made for an amendment which is outside the above criteria, then it will be at the discretion of “we” /”us “as to whether this request is honoured or not. The criteria for allowing transfers may be changed by “we” /”us “at any time without notice.
OUR RESPONSIBILITIES TO YOU IN RESPECT OF PACKAGE HOLIDAYS
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under provisions of the Package of Travel and Associated Travel Arrangements Law of 2017. as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is €25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
4) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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.
7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
8) Circumstances beyond our control relating to a venue or performer unavailability (for example, caused by weather conditions, health & otherwise), may cause some of the itinerary we have described to be unavailable or different from those advertised. Whilst we always try endeavour to avoid changes and cancellations, we must reserve the right to do so. For further details regarding our obligations in the event of a significant change or cancellation, please see our Booking Terms and Conditions*.
DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
If you or any member of your party misses your flight or other transport arrangement, it is cancelled, or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay, which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.