Sussex Travel Agency Ltd
Trading as Experience Holidays – Booking Conditions and General Information
In these Booking Conditions, the following words have the following meanings:-
“you” and “your” means all people named on the booking form including anyone who is added or substituted at a later date. “Experience Holidays”, “we”, “us” and “our” means Sussex Travel Agency Ltd trading as Experience Holidays
1 FAIR TRADING WARRANTY
a) Financial Security - Your contract will be with Experience Holidays/Sussex Travel Agency Ltd who are an ATOL holder, ATOL Number 6609, and a fully bonded member of Worldchoice UK Ltd and trade as Experience Holidays. Experience Holidays also operate a trust account with Royal Bank of Scotland 11057449. These guarantee our standard of trading practices and fully secure any monies you pay us for your holiday.
Your Financial Protection: When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable.)
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
b) Liability and Responsibility - We accept liability which may arise during your holiday and which concerns a component part of your holiday and where it concerns negligent acts or omissions by any person employed directly by us, our agents or suppliers. We shall not be repsonsible nor accept liability for death, bodily injury or illness, unless proven to be by negligence.
c) Illness or injury arising directly out of arrangements made by us – We have no direct control over the hotels, ground handlers or other providers of services or facilities, but we do accept responsibility for any personal illness injury or death which results from negligent acts or omissions (as determined by English Law) of our service agents or suppliers acting on our behalf in the provision of services and facilities to you and whilst acting in the scope of their employment. This provision does not provide liability for air or sea common carriers whose individual conditions of carriage apply and are subject to international agreements and conventions namely (but not wholly) the Warsaw Convention, details of which are explained briefly on all scheduled airline tickets issued by us.
d) Arbitration – In the unlikely event of a complaint whilst on holiday, you must first tell our agent or hotelier who will try to resolve the problem on the spot. If the complaint cannot be resolved there, you must send a written complaint to reach us within 14 days of the end of your holiday in order that we may investigate it fully. Disputes arising out of, or in conjunction with this contract which cannot be amicably settled may (if you so wish) be referred to arbitration under a special scheme which is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for an inexpensive method of arbitration on documents alone with restricted liability on claims for an amount greater than £5000 per person. There is also a limit of £25,000 per booking form. It does not apply to claims which are solely or mainly in respect of physical injury or illness or the consequence of such injury or illness. The rules of the scheme provide that the application for arbitration must be made within two months of the date of return from the holiday.
2 THE BOOKING CONTRACT
a) How to book – Select the travel arrangements and dates most suitable to you and call our reservations team on 01323 446550 to secure the air and hotel space. It will be necessary for a member of your party over 18 years old to sign the booking form to signify that all members of your party accept these terms and conditions.
b) Your holiday contract – Bookings must be made in writing on our booking form and accompanied by a non-refundable deposit of £250 per person, or 10% - and in some cases, a higher amount, whichever is greater or by telephone using credit card/debit card facilities. The contract between us will be created either:
i) When we send written confirmation, or
ii) When we accept the telephone booking using the credit card/debit card facilities.
If you book by telephone we will send you a complete booking form for your signature. This must be returned within five days, otherwise we retain the right to cancel the contract.
NOTE: DEPOSITS FOR CRUISES OR CERTAIN OTHER ARRANGEMENTS MAY BE HIGHER, YOU WILL BE ADVISED AT THE TIME OF BOOKING.
c) Our Contract with you – Our contract with you is subject to English Law and jurisdiction. If you have any complaints about any of the operators we will assist you in resolving them. If it cannot be corrected by informing the appropriate representative at the time we ask you that you advise us not later than 14 days after the completion of your holiday.
d) Payment – If you are booking with less than 10 weeks to go before your departure date, you must pay the full amount at the time of booking. If you book earlier and send a deposit, then we must receive full payment at least 10 weeks before your departure. If you do not pay in time, your holiday may be cancelled and cancellation charges will be due. Payments of balances by credit/charge card may be subject to surcharge to cover the cost of the card issuer fees. At time of publication, these were Visa and Mastercard 2% - American Express 3%, balance payments by cheque or bankers draft attract no such supplementary charge. Please note no reminders for payment of balances with be sent.
e) Changes by you – If you wish to change any part of your booking, please let us know as soon as possible. If it is possible to make the change there will be an amendment fee of £25 per person plus resulting costs. Changing dates or the numbers travelling are major changes which may incur a higher fee.
f) Canada General Sales Tax (GST) – The sales tax is an addition to the provincial taxes already in existence. Portions of the tax are refundable to visitors to the country. The prices shown have taken the above into consideration (unless specified otherwise) and no further refund will be applicable. All reservations are taken on this express condition. Any other GST paid direct by the clients whilst in Canada should be recovered directly by the persons concerned according to any government ruling in force at the time. Other destinations have a similar tax which will be incorporated in our arrangements - This is not recoverable as with Canada.
g) Unused services – There will be no refund for any portion of a pre-packaged programme, hotel night, car or coach tour which is not used by the client, or credit given for alterations made after date of departure.
h) Accommodation – On some tours the standard of accommodation may vary by reason of the rustic nature of the area. Hotel grading; the classification of deluxe, superior, first class, etc does not always reflect the standard of rooms, but is more representative of the hotel location and facilities.
i) Car Hire – It is essential that charges on credit cards are checked as correct at time of vehicle drop-off as we cannot be responsible for any irregularities that become apparent at a later time.
j) Senior Citizens – On some holidays a senior citizen reduction may be available (based on varying age limits) for the air or rail portion of the tour. In order to qualify for this reduction we must be advised at the time of booking. Failure to notify us at the time of booking will result in an amendment fee of £25 per person should we subsequently be advised that the passengers are senior citizens.
k) No surcharges guarantee – If full payment is received by us within 10 days of the confirmation date, we guarantee the prices quoted with no further surcharge being raised. However, by taking this risk, we cannot make any reduction on the guaranteed price should there be a favourable movement in the rate of exchange.
l) Prices – Prices quoted are based on the prevailing Foreign Currency guide rates. The price of your holiday is subject to surcharges on currency, fuel costs, accommodation and car hire. We will absorb an amount equivalent to 2% of the holiday price which excludes any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means you will be paying more that 10% extra on the holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid except for any amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days of the issue date on the surcharge invoice.
m) Cancellation by you – your holiday insurance policy will include cover for cancellation charges under certain circumstances. If you or a member of your party is forced to cancel a holiday once it has been confirmed, we require notification in writing from the person who signed the booking form. Cancellation charges will be calculated on the scale below.
Period before departure date Cancellation charge as % of total
that letter is received holiday costs
More that 63 days deposit only
62 - 28 days 33%
27 – 21 days 50%
20 – 14 days 75%
13 – 7 days 90%
6 days - departure date or later 100%
Cancellation of AIR TICKETS and/or the air fare element of any package are subject to the conditions of the airline concerned together with an administration fee of £10 per person.
If Experience Holidays are operating as agent for another Principal Tour Operator, it is the Principal's Terms and Conditions that apply.
PLEASE NOTE CANCELLATION CHARGES WILL BE CALCULATED FROM THE DATE CANCELLATION IS RECEIVED IN OUR OFFICE, NOT THE DAY OF POSTING. Please note the insurance premiums are payable at time of making your reservation to ensure proper cover, nor are insurance premiums refundable under any circumstances.
n) Changes by us – Holidays have to be arranged months in advance in order to plan our programme. Therefore, amendments such as flight schedules etc may well change by the time you travel. Most changes are minor but when they are major (eg a change of airport, resort area or time of departure or return, by more than 12 hours), or accommodation of a different grade we will inform you when you book or as soon as possible if you have already booked.
i) You may choose any alternative offered or you may choose another holiday.
ii) NOTE: Circumstances outside our control which include war, riot, civil strife, industrial disputes, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions do not qualify. However, we will endeavour to keep to the minimum any inconvenience caused by these special circumstances.
o) Experience Holidays shall NOT be responsible nor liable for any delay caused to any passenger who by reason of a delayed flight or other means of transportation, NOT booked by us shall be late for, or precluded from, any part of the arrangement made by us on behalf of that passenger, nor for any loss of monies or enjoyment occasioned by such delay. It is the passenger’s responsibility to inform us of any air travel arrangements not booked directly with us which may affect any tour or holiday booked with us. Signature on the booking implies acceptance of this condition.
p) Flights – For certain flights Experience Holidays act as agents for ATOL holders whose invoice and booking conditions will be available in due course according to their practice. Should you make your own flight arrangements and these should change, you will be responsible for any impact this may have on ground arrangements made by Experience Holidays (including increased costs).
3 GENERAL INFORMATION
a) Passport and visas – Passport, visa and health requirements may change and you must check the up to date position in good time before your departure. Each passenger, including all children, must be in possession of a valid 10 year machine-readable British Passport, valid for at least 6 months after your intended date of return. It is your responsibility to ensure that each passenger on the booking form is in possession of a valid passport and all the necessary visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any responsibility if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British Citizen or holds a non British Passport, you must check passport and visa requirements with the Embassy or Consulate of the country (countries) to or through which you are intending to travel. If failure to have any necessary travel or other documents result in any fines, surcharges, other financial penalty, expenses or other sums of any description being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
b) Health – Information on health is contained in the Department of Health leaflet T7 (Health Advise for Travellers) available via its website http://www.dh.gov.uk/ or from most Post Offices. Please also check the up to date position in relation to required and recommended vaccinations and other health precautions with your GP in good time before departure. Medication can be expensive and any prescribed medication that you may require should be taken with you in a quantity sufficient for the length of your holiday.
c) Insurance - You must be covered by a comprehensive travel insurance policy. Please read your insurance details policy carefully. It is your responsibility to ensure that the insurance cover you have is both suitable and adequate for your particular needs.
d) Not included in your holiday costs –
i) Holiday insurance (which is mandatory)
ii) Transportation to and from your point of departure in the UK
iii) Meals, except where specified and taxes and service charges thereon
iv) Any applicable supplements which may occur after commencement of booking
v) The cost of obtaining any passports and visas if necessary
vi) Gratuities and baggage handling which are at your discretion
vii) Telephone calls, laundry room service and any other item of a personal nature.
viii) Local airport taxes
e) Presentation – All information published has been completed from current material and we have taken the utmost care to ensure fact and accuracy. There may be occasions when an advertised facility is either modified or not available. Such situation may be dictated by local circumstances, necessary maintenance (eg swimming pools), unsuitable weather, fuel shortages, accidental damage to accommodation or any other circumstances totally beyond our control.