8 . Our liability to you
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package . If any of the travel services included in your package are not performed in accordance with the contract , or are improperly performed , by us or the travel service suppliers , and this has affected the enjoyment of your travel arrangements , you may be entitled to an appropriate price reduction or compensation or both . We will not be liable where any failure to perform or improper performance of the travel services is due to : you or another member of your party ; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable ; or unavoidable and extraordinary circumstances , which means a situation beyond our control , the consequences of which could not have been avoided even if all reasonable measures had been taken .
Our liability , except in cases involving death , injury or illness , shall be limited to a maximum of three 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 travel services that make up your package . These terms are incorporated into this booking ; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions .
You can ask for copies of the travel service contractual terms , or the international conventions , from us at Premier Holidays Ltd , Building 1020 , Cambourne Business Park , Cambourne , Cambridgeshire CB23 6DW . Under passenger rights law 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 will be publicised at relevant airports and 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 these booking conditions . If any payments to you are due from us , any payment made to you by the airline or any other service provider will be deducted .
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances , we will bear the cost of necessary accommodation , if possible of equivalent category , for a maximum of three nights . The limit doesn ’ t apply to persons with reduced mobility and any person accompanying them , pregnant women and unaccompanied minors , or persons in need of specific medical assistance , provided that you notified us of these needs at least 48 hours before the start of your holiday .
N . B . This entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday .
9 . Covid-19 Limitation of liability
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities , both in the UK and whilst on holiday .
Please note that we will have no liability for any refunds , compensation , costs , expenses or other losses of any kind
www . premierholidays . co . uk incurred by you ( including , where applicable , the cost of medical treatment ), in the following circumstances :
- If you , or anyone in your booking party , test positive for Covid-19 and have to quarantine for a period of time , or are notified or otherwise become aware that you have , or suspect you may have , come into close contact with someone who has tested positive for Covid-19 ( or where they otherwise suspect they may have Covid-19 ) and have to self-isolate for a period of time .
If this happens within 14 days of your departure date , you must contact us as you may no longer be able to travel . We will offer you the following options where possible and subject to availability :
• Postponing your holiday to a later date . We will notify you of any impact on the price the postponement may have ( please note that you may have to pay full cancellation charges on some elements of your holiday , such as the flight , as well any increase in cost imposed by other suppliers );
• If not everyone on the booking is affected , you will have the right to transfer your place on the holiday to another person nominated by you , subject always to the requirements of clause 5 ;
• Cancelling your holiday , in which case we will impose our standard cancellation charges as at the date of cancellation by you . You may be able to claim these costs back from your travel insurance .
If this happens whilst you are on your holiday , please notify us without delay and we will provide such reasonable assistance as we can in the circumstances . However , we will not be responsible for covering the cost of any curtailment of your holiday , missed transport arrangements , additional accommodation required , or other associated costs incurred by you . You must ensure you have travel insurance which covers these costs for you .
- You fail any tests , checks or other measures imposed by a supplier , airline , port or airport , border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so , and as such you are denied entry to board the flight , entry to the destination , access to the services or you are otherwise unable to proceed with the holiday , or that portion of the holiday .
You also acknowledge that the suppliers providing your holiday , including airlines , hotels and excursion providers , will need to comply with national and / or local guidance and requirements relating to Covid-19 , and have implemented certain measures as a result . This will likely include specific requirements regarding personal protective equipment , such as use of face-masks by staff ( and you may be required to wear a face-mask as well ), social distancing , maximum number restrictions on the use of certain facilities , designated alternative entrance and exit routes , mandatory hand sanitisation , limited entertainment options and limited food / drink availability . We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you .
10 . Protecting your money
We provide full financial protection for our package holidays .
1 ) For flight-based holidays this is through our Air Travel Organiser ’ s Licence number 2713 issued by the Civil Aviation Authority , Gatwick Airport South , West Sussex , RH6 0YR , UK , telephone 0333 103 6350 , email claims @ caa . co . uk . 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 will provide you with the services listed on the ATOL Certificate ( or a suitable alternative ). In some cases , where we aren ’ t 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 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 nonprovision 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 .
2 ) When you buy a package holiday that doesn ’ t include a flight , protection is provided by way of a bond held by ABTA – The Travel Association 30 Park Street London SE1 9EQ . For further information please see www . abta . com . You agree to accept that in the event of our insolvency , where your holiday is protected under the bond we hold with ABTA , they may arrange for the services you have bought to continue , or for a suitable alternative to be provided at the same cost as your original booking . You also agree to accept that in circumstances where the travel service supplier provides the services you have bought , you agree to pay any outstanding sum under your contract with us to that alternative travel service provider . However , you also agree that in some cases the services will not be provided , in which case you will be entitled to make a claim under ABTA ’ s Scheme of Protection ( or your payment card issuer where applicable ) for a refund of the monies you have paid .
If you are a resident of the Channel Islands or Isle of Man , then no ATOL financial protection is included .
11 . ABTA
We are a Member of ABTA , membership number V0762 . We are obliged to maintain a high standard of service to you by ABTA ’ s Code of Conduct . We can also offer you ABTA ’ s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute . If we can ’ t resolve your complaint , go to www . abta . com to use ABTA ’ s simple procedure . Further information on the Code and ABTA ’ s assistance in resolving disputes can be found on www . abta . com .
12 . Complaints
If you have a complaint about any of the services included in your holiday , you must inform our resort representative or our Head Office Customer Services team by calling : 01223 516333 or emailing : customerservices @ premierholidays . co . uk without undue delay who will endeavour to put things right .
If it is not resolved locally , please follow this up as soon as possible after your return home , ideally within 28 days by writing to our Customer Services Department at Premier Holidays Ltd , Building 1020 , Cambourne Business Park , Cambourne , Cambridgeshire CB23 6DW giving your booking reference and all other relevant information .
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