YOUR CONTRACT IS WITH Carrick Travel Ltd, a Member of ABTA.
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.
2. Your financial protection
The Package Travel, Package Holidays and Package Tours Regulations 1992
require us to provide security for the monies that you pay for the package holidays
booked from this brochure and for your repatriation in the event of our insolvency.
We provide this security by way of an ATOL number 1159 administered by the
Civil Aviation Authority
If you book arrangements other than a package holiday, the financial protection referred to above does not apply.
When you buy an ATOL protected air holiday package from Carrick Travel Ltd you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 1159.
In the unlikely event of our insolvency, the CAA will ensure that you are not
stranded abroad and will arrange to refund any money you have paid to us for an
advance booking. For further information visit the ATOL website at www.atol.org.uk The price of our air holiday packages includes the amount of £1 per person as part
of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is
included in our advertised prices and will be shown separately on your confirmation
invoice.
3. ABTA
We are a Member of ABTA, membership number 18343. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com The arbitration scheme is arranged by ABTA and administered independently by
IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and
inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.
The scheme does not apply to claims for an amount greater than £5,000 per
person. There is also a limit of £25,000 per booking form. Neither does it apply to
claims which are solely in respect of physical injury or illness or their consequences.
The scheme can however deal with compensation claims which include an element
of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received by IDRS
within nine months of the date of return from the holiday. Outside this time limit
arbitration under the Scheme may still be available if the company agrees, but the
ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA/Chartered Institute of
Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to
agree for mediation to go ahead. The aim is to help you resolve your dispute in a
quick and cost effective way. Details on request or from www.abta.com.
4. Your Holiday Price
1) We reserve the right to alter the prices of any of the holidays shown on our
Website. You will be advised of the current price of the holiday that you wish
to book before your contract is confirmed.
2) When you make your booking you must pay a deposit of 20% of the holiday cost per person. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 25th January 2008 in relation to the following currencies: [list currencies]
Changes in transportation costs, including the cost of fuel dues, taxes or
fees chargeable for services such as landing taxes or embarkation or
disembarkation fees at ports and airports and exchange rates mean that the
price of your travel arrangements may change after you have booked.
However there will be no change within 30 days of your departure.
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. You will be charged for the amount over and
above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your 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, except for any amendment
charges.
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.
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. You will be asked to pay an
administration charge of £25, 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 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 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 in clause 7.
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.
In accordance with EU
Regulation 2111/2005 we are required to advise you of the
actual carrier operating your flight/connecting flight/transfer.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
Such a change is deemed to be a minor change. Other examples of minor changes
include alteration of your outward/return flights by less than 12 hours, changes to
aircraft type, change of accommodation to another of the same standard.
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have
the choice of either accepting the change of arrangements, accepting an offer of
alternative travel arrangements of comparable standard from us if available (we will
refund any price difference if the alternative is of a lower value), or cancelling your
booked holiday and receiving a full refund of all monies paid. In all cases, except
where the major change arises due to reasons of force majeure, we will pay
compensation as detailed below:
| |
If we make a major change to your holiday |
If we cancel your holiday |
If you cancel your holiday |
| Period before departure within which notice of Cancellation or major change is received by us or notified to you |
Amount you will receive from us |
Amount you will receive from us |
Amount of cancellation charge |
| More than 70 days |
Nil |
Deposit Only |
Deposit Only |
| Between 56 – 70 days |
£10 |
Deposit or 100% Of holiday cost if Balance paid |
30% of holiday cost or deposit if greater |
| Between 28 - 56 days |
£15 |
100% of holiday cost |
50% of holiday cost or deposit if greater |
| Between 14 - 28 days |
£25 |
100% of holiday cost |
90% of holiday cost or deposit if greater |
| Less than 14 days |
£40 |
100% of holiday cost |
100% of holiday cost |
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) immediately who will endeavour to put things right. Please do not hesitate to contact us to see if we can help if the local supplier fails to rectify your problem. 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 92 Warwick Street, Leamington Spa, CV32 4UX giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to the supplier of
the services in question as well as to our representative without delay and complete a report form whilst in resort.
If you fail to follow this simple procedure we will have been deprived of the
opportunity to investigate and rectify your complaint whilst you were in resort and
this may affect your rights under this contract.
9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us
or our suppliers we will pay you appropriate compensation if this has affected the
enjoyment of your travel arrangements. However we will not be liable where any
failure in the performance of the contract is due to: you; or a third party
unconnected with the provision of the travel arrangements and where the failure is
unforeseeable or unavoidable; or unusual and unforeseeable circumstances
beyond our control, the consequences of which could not have been avoided even
if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a
maximum of 3 times the cost of your travel arrangements. Our liability will also
be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation
for your travel arrangements. These terms are incorporated into this
contract; and
(b) Any relevant international convention, for example the Montreal
Convention in respect of travel by air, the Athens Convention in respect
of travel by sea, the Berne Convention in respect of travel by rail and the
Paris Convention in respect of the provision of accommodation, which
limit the amount of compensation that you can claim for death, injury,
delay to passengers and loss, damage and delay to luggage. We are to
be regarded as having all benefit of any limitation of compensation
contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the
international conventions, from our offices 92 Warwick Street, Leamington Spa, CV32 4UX, telephone 01926 311415.
Under EU law (Regulation 261/2004) you have rights in some circumstances to
refunds and/or compensation from your airline in cases of denied boarding,
cancellation or delay to flights. Full details of these rights will be publicised at EU
airports and will also be available from airlines. However reimbursement in such
cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
10. Prompt assistance in resort
If the contract we have with you is not performed or is improperly performed as a
result of failures attributable to a third party unconnected with the provision of the
services, or as a result of failures due to unusual and unforeseeable circumstances
beyond our control, the consequences of which could not have been avoided even
if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the
circumstances.
11. Passport, Visa and Immigration Requirements
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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
12. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on
holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
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 under 2 years of age on the date of its return flight.