Australia 2023 AUS | Page 145

BOOKING AGREEMENT
In the event a refund is paid to you , we will :
1 . provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy .
2 . pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances ( see definition above ).
Period before departure in which we notify you
71 days or more nil 70 – 43 days £ 10 42 – 29 days £ 20 28 – 22 days £ 30 21days or less £ 40
Amount you will receive from us
This does not exclude you from claiming more if you are entitled to do so .
7 . If we change your booking ( a ) Changes to the price
We can change your holiday price after you ’ ve booked , only in certain circumstances :
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources , the level of taxes or fees imposed by third parties including tourist taxes , landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked . However , there will be no change within 20 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 . If this results in an increase equivalent to more than 8 % 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 ( we will refund any price difference if the alternative is of a lower value ), or cancelling and receiving a full refund of all monies paid , except for any amendment charges . Should you decide to cancel :
1 ) you must do so within the time period shown on your final invoice
2 ) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy .
Should the price of your holiday go down due to the cost changes mentioned above , then any refund due will be paid to you . We will deduct from this refund our administrative expenses incurred . Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place .
For Advance Registrations ( which will be clearly detailed on the confirmation ) where we cannot confirm all components of the booking at the time of issue , we will endeavour to do so as soon as possible . Should we be unable to confirm any components you may opt to accept revised alternatives with any applicable price adjustments or cancel your holiday and receive an immediate refund of any monies paid .
( b ) Changes other than the price
It is a term of your booking that we are able to make changes to any aspect of your booking . If the change is insignificant , we will ensure that you are notified about it . Examples of insignificant 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 or higher standard , changes of carriers .
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below .
• We will contact you and you will have the choice of accepting the change or having a refund of all monies paid . You can also accept an alternative holiday , where we offer one ( we will refund any price difference if the alternative is of a lower value ).
We will tell you the procedure for making your choice . Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled .
• If you choose to accept a refund :
1 ) we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy .
2 ) we will pay compensation as detailed below except where the significant change is due to 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 .
The compensation that we offer does not exclude you from claiming more if you are entitled to do so .
Period before departure in which we notify you
71 days or more nil 70 – 43 days £ 10 42 – 29 days £ 20 28 – 22 days £ 30 21days or less £ 40
Amount you will receive from us
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 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
www . premierholidays . co . uk BOOKING AGREEMENT 145