Terms and conditions

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It is extremely important that you read pages 3 and 64-67 and the relevant destination information. All this forms the basis of your contract with us. A contract will exist between us as soon as we confirm your holiday to you or your travel agent. Any advice/information given to you by your travel agent, which is inconsistent with our brochure and these conditions, will not form part of your contract with us.

Your Financial Security

The air holidays and flights in this brochure are protected by ATOL, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 5744. In the worst-case scenario, 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. Holidays excluding flights are protected by the Association of British Travel Agents (ABTA) and our ABTA numbers are J5618/W5490.

Payment For Your Holiday

A completed booking form and deposit of £150 per person, or 10% of the total holiday cost, whichever is the greater amount, is required. Certain holidays require a higher deposit, or full payment, which will be advised at the time of booking. If you are booking within 10 weeks of departure, full payment is required. The balance due as shown on your invoice must be paid to us no later than 10 weeks before your departure. If you fail to pay the balance by the due date we reserve the right to treat the booking as cancelled and levy appropriate cancellation charges as detailed below. All cheques are to be made payable to Enchanting Holidays and posted to the address shown on the next page.

Insurance

It is a condition of booking with us that you purchase adequate independent insurance.

Travel Documents

All travel documents, including flight tickets, will be despatched 7-14 days prior to departure.

Conditions Of Carriage

Your booking is subject to conditions of carriage of air, rail or sea carriers some of which may limit or exclude liability. These conditions are often the subject of international agreement between countries.

Pricing Policy

All prices shown are in UK£ Sterling per person sharing a twin/double room and are purely for guidance only. Your final holiday price will be confirmed to you at the time of booking, which will incorporate any increases or reductions known to us at that time. However, your holiday price, thereafter, is subject to surcharges for increases in: i) transportation costs e.g. fuel, scheduled airfares and any other airline surcharges which Enchanting Holidays is obliged to pay or collect, ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/ disembarkation fees at ports and airports), iii) the exchange rates applied to the particular package and Government action such as increases in VAT or any other Government imposed increases. No price changes will be made within 30 days of departure. In the case of any small variation we will absorb an amount equivalent to 2% of the confirmed holiday price, excluding any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If you have to pay an increase of more than 10% of the price of your travel arrangements you may cancel your holiday and receive a full refund 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. Whether you cancel or not you will also be entitled, in the terms set out below in respect of ‘major changes to your holiday’, to accept an offer of alternative travel arrangements from us subject to availability and compensation if appropriate. It should be pointed out that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. All prices quoted in this brochure were calculated using exchange rates and known costs as on 06 August 2010.

Minor Changes To Your Holiday

If we are obliged to make any minor change in the arrangements to your holiday we will inform you as soon as possible.

Major Changes To Your Holiday

If before you depart we have to make any major change to your holiday arrangements e.g. change of departure time of more than 12 hours in each direction, change of airport (but excluding changes between airports in the London region, aircraft type or airline) it will only be because we are forced to do so by circumstances usually beyond our control. In such an unlikely event we will inform you immediately and our objective will be to minimise your inconvenience. We will, wherever possible, offer you alternative arrangements as close as possible to your original choice. You will then have a choice of accepting, taking another available holiday of similar price or cancelling. Should you choose to cancel you will be reimbursed all monies paid to us. All above conditions exclude Force Majeure (see Force Majeure note).

Changing Your Arrangements

If you wish to alter your booking in any way once we have confirmed it, we shall do what we can to satisfy your requirements. An amendment fee of £50 per person will be charged plus any appropriate additional airline/holiday costs (some airlines do not allow any name or date changes). Any alterations by you within 70 days of departure may be treated as a cancellation of the original booking and may be subject to cancellation charges as shown in the table below.

Cancellation

Should you or any member of your party wish to cancel your booking at any time please notify us immediately. If we have already issued a Confirmation Invoice it is essential that you indicate your intention to cancel in writing to ourselves by the person who made the booking and who is therefore responsible for the payment of the cancellation charges. We will not affect the cancellation until such written advice is received. As we will incur costs in cancelling your holiday you will have to pay the applicable cancellation charges up to the maximum shown in the table below. These are calculated as a percentage of the total holiday cost and the charges are calculated from the date we receive the written notice of cancellation.
Amount of cancellation charge (shown as a percentage of total holiday cost): No of Days Notification Before Departure: Cancellation charges
No of Days Notification Before Departure
More than 70 days   Deposit
36-69 days 50%
22-35 days 80%
15-21 days 90%
1-14   days 100%
Please note in some circumstances 100% cancellation will apply from the time of booking. We will provide details of this after we receive your cancellation instruction. Where the full cost of the airfare is required at the time of booking, no refund will be applicable from the time of booking. Airfares affected by this 100% cancellation policy will be collected at the time of booking or soon after as soon as airline notification is issued. In such circumstances the above cancellation charges will not apply instead the entire booking will be subject to 100% cancellation charges.

Force Majeure

We accept no responsibility for and shall not be liable in respect of any loss or damage or alteration, delays or changes arising from unusual and unforeseeable circumstances beyond our control, such as war or threat of war, riot, civil strife, industrial dispute including air traffic control disputes, terrorist activity, natural and nuclear disasters, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports or ports, cancellations of schedules by scheduled airlines. You can check the current position on any country by telephoning the Foreign and Commonwealth Office’s Travel Advice Unit on 020 7238 4503/4504, BBC2 (Ceefax) page 470 onwards or www.fco.gov/travel.

Compensation For Cancellation or
Material Alteration By Us

In the event of cancellation or material alteration to your holiday, Enchanting Holidays will pay compensation as follows (except where Enchanting Holidays has to cancel or make a material change to your holiday as a result of any of the reasons referred to under Payment for the holiday or FORCE MAJEURE). Period when notice of cancellation or alteration is given pre-departure: Compensation per full fare paying passenger (excl. infants) More than 70 days Nil
36-69 days £10
22-35 days £20
15-21 days £25
14 days or less £30
For children invoiced at a reduced price, compensation will be paid on a pro-rata basis of the adult price. No other claims for compensation or expenses will be considered.

Complaints

If you have a problem during your holiday, please inform the relevant airline, hotel, local agent or other suppliers immediately so that they can endeavour to put things right. If they cannot resolve the problems, you must contact Enchanting Holidays UK office so that we are given an opportunity to help. Enchanting Holidays will not hold themselves responsible for the non-performance of an itinerary through causes beyond their control or when they are not notified of a problem at the point when remedial action can be taken. In the unlikely event that a complaint cannot be resolved at the time, you should write to us within 4 weeks of returning home, giving your original booking reference number and all other relevant information. If you fail to take any of these steps this will hinder our ability to put any problem right and/or investigate it fully and any right you may have to receive compensation will be reduced or completely invalidated. Disputes arising out of, or in connection will this contract which cannot be amicably settled may (if you so wish) be referred to arbitration under a special scheme which though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £1,500 per person. There is also a limit of £7,500 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequence of such injury or illness. A limit of £1,000 per person applies to any part of a claim for personal injury or illness. You must apply for arbitration within 9 months after your scheduled date of return. Details of the scheme will be supplied on request from the Association of British Travel Agents, 68-71 Newman Street, London W1P 4AH or from www.abta.com.

Our Liability To You

i) We accept responsibility for the negligent acts and/ or omissions of our employees, agents and suppliers whilst acting in the course of their employment in the provision of your travel arrangements and for any deficiencies in the services we are contractually obliged to provide subject to the exceptions set out in this contract and relevant legislation such as The Package Travel, Package Holidays and Package Tours Regulations 1992. Our liability in all cases shall be limited to a maximum of two times the cost of your travel arrangements excluding amendment charges.
ii) We accept responsibility for death, injury or illness of any person taking one of our holidays 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. iii) Where a claim arises out of loss or damage suffered during air travel, rail travel, sea travel, or accommodation, the amount of compensation you receive will be limited in accordance with and/ or in an identical manner to the provision of the relevant International Convention. This means we are entitled to have all the benefit of any limitations of compensation contained in any international convention applicable to your holiday.

Personal Injury Unconnected With
Arrangements Made By Us

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 with ourselves, 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 any proceedings. Any request for assistance must be made within 90 days from the date of the misadventure in question. Our consent will be given subject to you undertaking to assign any costs and/or 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 per booking form.

Behaviour

When you book with us you accept responsibility for any damage or loss caused by you or any member of your party. Proper payment of any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration of other people. If in our opinion or in the opinion of any other person in authority you are behaving in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your arrangements without notice. In this situation responsibility towards you (including any return transport arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses you may incur as a result, or making any refund or paying compensation. Enchanting Holidays has no control over the behaviour of other people staying in or visiting your holiday accommodation. Your accommodation is provided solely for the use of passengers shown in the final Confirmation Invoice as confirmed by us – subletting, sharing or assignment is prohibited.

Tourism For All

In planning this brochure we are conscious of the fact that in many cases our holidays would not be suitable for disabled travellers. As some of the resorts and accommodation featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts, etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. We would be happy to discuss the possibilities and advise you accordingly.

Data Protection Policy

Information that you provide us with about you and members of your party (name, address, special needs/dietary requirements, etc.) must be passed on to our service providers such as airlines, hotels, etc. This information may also be provided to public authorities, if required by them or as required by law, and may also be transferred abroad. Some information, for example relating to your religion or health, may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to use of your information we cannot accept your booking. From time to time we may contact you to inform you of offers, new products, etc. and also we may provide your details to selected third parties for similar purposes (if you do not wish to receive such information, please notify us). By making a booking with us you agree to the use and disclosure of information as described.

Your Holiday Price Includes :
Return economy-class air travel between the stated UK departure airport and your destination.
UK Air Passenger Duty, security tax and all other relevant ticket taxes.
Transfers to and from the overseas airport and your accommodation.
Accommodation as confirmed including any obligatory service charges and taxes as levied by the hotel.
Meal arrangements as booked. Holidays including main meals will generally commence with dinner on the day of arrival and terminate with breakfast for half board and lunch for full board on the day of departure.
Your Holiday Price Does Not Include :
Travel from your home to the UK airport and vice versa.
Holiday insurance.
Charges made by the hotels for the use of certain facilities and extra meals, drinks and personal items including any tax or service charge levied for them.
Overseas airport departure taxes.
Passport, visa and inoculation costs.
Contract

Your contract is with Enchanting Holidays. This contract is made on the terms of these booking conditions and shall be governed by and construed in accordance with the Laws of the UK in all respects and the Courts of the UK shall have sole jurisdiction. Enchanting Holidays is a trading division of Airworld Tours Limited.
Enchanting Holidays Limited, 130 Burnt Oak Broadway, Edgware, Middlesex, HA8 0BB
The brochure is valid from December 2010 to December 2011 and was published in October 2010. Holidays and prices shown in this brochure supersede those shown in any other
Enchanting Holidays/Airworld Tours publications. NB: Prices may be increased or reduced at any time.

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All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate | Link
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