DAYS AWAY
BOOKING CONDITIONS
1) Your contract
a) Your holiday arrangements are booked through Days Away. Our office is at 6A Main Street, Upper Largo, Fife, KY8 6EJ. When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A booking can only be made by a person aged 18 years or over. Please read these conditions carefully as you will be bound by them.
b) Please note that these booking conditions change slightly, dependent on whether you book a "package” or "non-package". With a "package" your contract is with Days Away and for a "non-package" your contract is with the supplier.
Package. If you book a package holiday through us, once your package holiday has been confirmed we will accept responsibility for it in accordance with these Booking Conditions as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992. A package holiday is a combination of at least two elements out of (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at the same time, for which payment is made to us and which last at least 24 hours or include overnight accommodation. Your contract is made on the terms of these booking conditions which are governed by Scottish law and any claim or dispute will be subject to the jurisdiction of the Scottish Courts. You may however choose the law and jurisdiction of England or Northern Ireland if you live in those places and wish to do so.
Non Package. If you book a ferry crossing or accommodation only, you enter directly into a contract with the provider of the transport or accommodation concerned (the Supplier). In any matters that fall within the scope of the agency responsibility of Days Away, the contract is governed by Scottish law and you agree to submit to the jurisdiction of the Scottish courts.
2) Prices and payment
a) A deposit of £30 per person is payable at the time of booking. The deposit is non refundable and non transferable. Payment is due in full 6 weeks prior to the date of travel as specified in confirmation voucher and invoice. For bookings made within 6 weeks of travel the full price is payable at the time of booking. Hotel and ferry bookings are not made until payment has been received. If we do not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you and retain all deposits paid or due at that time.
b) Every effort is made to provide as much pricing information as possible on this website and to ensure this information is accurate. Regrettably however changes and errors do occasionally occur. We cannot accept liability for errors. Therefore prices and details of products and services and any offers posted online are subject to change without notice and all products, services and offers are subject to availability.
c) Unless we have advised to the contrary (in which case we advise the amount we expect to receive in the appropriate currency) all payments must be made in pounds sterling and all cheques must be drawn on a UK bank. Credit card payments are subject to a surcharge of £2.00, and the same surcharge is applied to all refunds. Clients may also choose to send payment by cheque (time permitting) – personal cheques must be covered by current banker’s card and should be made payable to Days Away. Clients must make payment of any extra charges incurred direct to the hotel on departure.
d) Non package. We reserve the right to pass on to you in full all additional costs and charges of whatever nature imposed by the service providers in accordance with their own terms and conditions.
Package. Whilst we reserve the right to change our prices at any time before you book, the price on your holiday invoice will not be increased or decreased except in the following circumstances. A surcharge or refund will be payable, where transportation costs and/or any taxes, or fees payable for services such as embarkation/disembarkation fees at ports that may increase/decrease. Even in such cases, we will absorb increased costs up to a total amount equivalent to 2 percent of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only if the increased costs exceed this 2 percent we will levy a surcharge. If any surcharge is greater than 10 percent of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your holiday booking and receive a full refund of all monies paid to us (except for any amendment charges), or you can book an alternative holiday if available, with the appropriate price adjustment. Decreases will be calculated on the same principles. In no circumstances will a surcharge be notified to you within 30 days of departure. The requirements of Days Away to absorb the 2 percent amount referred to in the clause is subject to any change in the law following the date of this brochure and to the extent that any change in law removes such requirements Days Away will pass on the full amount of any surcharge to you.
3) Financial Protection
a) The Package holidays we provide are fully insured. In the unlikely event of our insolvency you are protected in that our insurers will ensure that you are not stranded abroad and arrangements will be made to refund any money you have paid to us for an advance booking.
4) Insurance
a) It is a condition of the contract that every passenger must have travel insurance in force for the entire duration of the holiday. It is your responsibility to ensure that you are adequately insured for the holiday, as we will not check your policy. We reserve the right to request details of your insurance policy (policy number and insurer).
5) Mobility/disability restrictions and special requests
a) If you have any mobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during your holiday, you must advise us at the time of booking. Whilst we will make every effort to accommodate you, we regret that we cannot guarantee to be able to meet any particular special request unless we have specifically confirmed this in writing. If we reasonably feel that we are unable to accommodate the needs of any client who has particular health requirements, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 9 of these conditions.
b) Special requests such as room location, adjacent or non-smoking rooms, particular facilities, dietary requirements etc. must be made at the time of booking. We will pass on your request to the hotel or other service provider but cannot guarantee that it will be accommodated.
6) Tickets and invoice
a) On receipt of your booking and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a confirmation invoice. Check this invoice carefully immediately. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. Where we act only as agent we will have no responsibility for any errors in any documentation except where those errors were made by ourselves.
7) If you change your booking
a) Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Any such request must be in writing from the person who made the booking. we will do our best to meet your request but it may not always be possible. You will be asked to pay an administration charge of £5 per person and any further costs we incur in making the changes 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.
b) You may also transfer a booking to another person, provided that the new passengers meet the requirements of these booking conditions and provided that we are notified in writing not less than 14 days before the departure date. We will not, however, confirm such a booking transfer until all costs and charged incurred by us (including any charges and costs levied by a supplier) have been paid together with an amendment charge of £5 per person. We reserve the right to require the balance of the holiday price or any other sum due under the contract to be paid before we confirm the booking transfer. Where we do not impose such a condition, both the original passengers and the new passenger shall be responsible for the payment of any sum due to us and both shall also be responsible for obtaining any necessary travel documents.
8) If you cancel your holiday
a) You or any member of your party may cancel your holiday at any time. Should you or any member of your party need to cancel your chosen arrangements the party leader must immediately advise us in writing. Notice of cancellation will only be effective when it is received in writing by us.
b) Clients who make full prepayment 6 weeks prior to the arrival date may cancel in writing at any time up to 6 weeks prior to the arrival date. On such cancellations, Days Away will retain £30 per person by way of a cancellation fee. For cancellations within 6 weeks of the date of arrival there will be no refund. There will be no refunds for cancellation of special offers or newspaper promotions once a booking has been made. We would strongly recommend that you take out full insurance, which should then in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees. See clause 4 of these conditions.
9) If we change/cancel your holiday
a) Non Package. If a Supplier changes or cancels your booking we will pass on the new details to you together with any compensation that the relevant service provider awards. As agent only for the service provider we cannot accept any liability for any changes or cancellations made to these bookings. The Supplier reserves the right to change itineraries and holiday details. All prices are subject to final confirmation by the supplier. Unfortunately we cannot control or prevent changes implemented by the Suppliers and we cannot offer any compensation. However, should a change occur we will endeavour to minimise the inconvenience you may experience.
b) Packages.
(i) It is unlikely that we will have to make any changes to your holiday 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 opportunity. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday.
(ii) We reserve the right in any circumstances to cancel your holiday. For example if the minimum number of persons required for a particular holiday is not reached, we may have to cancel it. However we will not cancel your holiday less than 8 weeks before departure date, except for reasons of force majeure* or by reason of your failure to pay the final balance of the price. If we make a major change to your holiday or we have to cancel your holiday, we will inform you or your travel agent as soon as reasonably possible before departure. You will have the choice of accepting the changed arrangements or accepting an alternative holiday of comparable standard as we are able to offer if available (we will refund any price difference if lower value) or cancelling your holiday and receiving a full refund of all monies paid. Please note, these options are not available where any change made is a minor one and no compensation is payable. In all cases of a major change (except where the change arises due to reasons of force majeure*) we will pay compensation as set out below:
If we make a major change to your holiday..
46 days or more £0.00
45 – 29 days £5.00 per person
28 – 15 days £10.00 per person
14 – 8 days £15.00 per person
7 days or less £20.00 per person
If we cancel your holiday
46 days or more Deposit only
45 – 29 days full refund plus £5.00 per person
28 – 15 days full refund plus £10.00 per person
14 – 8 days full refund plus £15.00 per person
7 days or less full refund plus £20.00 per person
* Force majeure means that we will not pay you compensation if we have to cancel or change your holiday in any way because of unforeseeable circumstances beyond our control. These include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather, sea and ice conditions.
(iii) We reserve the right to make adjustments to the advertised itinerary to take into account passenger safety, comfort and enjoyment which may include weather conditions. In no circumstances shall we be liable for any consequence arising from adverse weather conditions experienced during your holiday.
10) If you have a complaint
a) If you have a problem during your holiday, please inform our local representative if there is one, and the Supplier of the service(s). You can also call us on the contact number which will be provided with your itinerary and we will immediately endeavour to put things right. We strongly recommend you communicate any complaint to the supplier of services and complete a report form where available, during your holiday. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. Until we know about a problem or complaint, we or the supplier cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction you must write to us within 28 days of your return to the UK. Please give your booking reference number and any other relevant information. For all Non package bookings, we act only as agent for the service provider concerned and therefore cannot accept any liability for service you have booked. Any assistance provided in resolving a complaint is provided on a goodwill basis and in our capacity as agent.
11) Our Liability to you
a) Non Package. We act only as an agent for the service provider concerned. Your contract for your ferry crossing or accommodation is directly with the service provider concerned. We accept no liability in relation to the service itself or for the acts or omissions of the service provider concerned. Please note that all bookings are also subject to the Supplier’s conditions of booking. These contain limitations and exclusions of liability to any person who travels with them. We give no warranty or guarantee as to the accuracy of any information supplied to us or as to the physical condition of any accommodation supplied. However, in the event that we are found liable on any basis whatsoever our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the service provider (as opposed to any service provided by the service provider itself for whom we are not responsible) is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
b) Package. We accept responsibility for the full and proper performance of your holiday as described on our website or in our brochure. If any part of your holiday is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. Subject to paragraphs 10 b) (i), (ii), (iii), (iv) below, our liability in all cases shall be limited to a maximum of twice the cost of your holiday.
(i) We accept responsibility for death, injury or illness 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 holiday. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. We will accordingly pay to you such damages as are applicable in such circumstances under Scottish Law or the Law you have chosen under Clause 1 of this contract.
(ii) We will not be responsible for any claim arising as a result of any or all of the following;-
1) the fault of the person(s) affected or any member(s) of their party or
2) the fault of a third party not connected with the provision of your holiday which we could not have predicted or prevented or
3) the fault of anyone who is not carrying out work for us (generally or in particular) at the time or
4) an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure as described in these booking conditions.
(iii) In respect of travel by sea, rail and air, and the provision of accommodation, our liability will be governed by and limited in accordance with the relevant international conventions including, for carriage by air the Warsaw Convention 1929, and the Montreal Convention 1999, for carriage by sea, the Athens Convention 1974 for travel by rail, the Berne Convention and for accommodation arrangements the Paris Convention 1962. The provisions of these Conventions and any other convention in force at the time of your holiday are incorporated into these booking conditions and form part of your contract. Copies of these international conventions are available upon request at our offices.
(iv) In respect of claims for death and personal injury we will not be liable for any loss of profit of loss of business or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
12) Conditions of carriage
a) The carrier companies that provide the transportation for your travel arrangements produce conditions of carriage which form part of your contract both with us and with the carrier companies.
13) Behaviour
a) We reserve the right within our reasonable discretion to terminate the holiday, without notice, if you or your party's conduct or behaviour is disruptive in any way and/or affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by you/or your party as a result of our doing so. You accept responsibility for any damage or loss caused by you/ your party. Full payment for any such damage or loss must be paid direct at the time to the supplier in question. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you / your party causes or is likely to cause danger, upset or distress to any third party or damage to property, we and/or the service provider concerned are entitled, without prior notice, to terminate the arrangements of you/your party. You/your party will be required to leave the accommodation/ other service. We will have no further responsibility toward you including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.14) Delay
a) Non Package. As we act as agent only, we cannot accept any liability in the event of a delay at your homeward or outward point of departure.
b) Package. We regret we cannot offer you any assistance in the event of delay at your outward or homeward point of departure. Any transport service provider concerned may however provide refreshments etc.
15) Brochure and website accuracy
a) Please note, the published information and prices may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details with us at the time of booking. Where we act only as agent we will have no responsibility for any errors in any documentation, including pricing errors except where those errors were made by ourselves.
16) Passports, Visas and Health
a) It is your responsibility to be in possession of a valid passport and any necessary visas or health documents. A full 10 year passport is required for all British citizens. A full British passport may take up to 12 weeks to obtain. Requirements may change and you must check the up to date position in good time before departure. The name in the passport must match the name on your ticket where provided. It is recommended that your passport is valid for at least 6 months beyond your planned return date. If you are not a British citizen, you should contact your Embassy for information and advice onthe passport and visa requirements of the countries you propose to visit. We also cannot accept liability or consider refunds for clients who cannot travel because of incomplete or incorrect documentation.
b) The Foreign & Commonwealth Travel Advice Unit may publish information about your destination on the internet www.fco.gov.uk. The Department of health website at www.doh.gov.uk also provides health advice for travellers.
17) Data Protection
a) For the purposes of the Data Protection Act 1998 we, Days Away, 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, 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 tell you before we obtain them from you. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example yourhotel, 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.
b) 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/ororganisation 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.
c) 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. You are generallyentitled 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 to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1988, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
|
