Booking Agreement
( 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. 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.
10. 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.
11. Complaints If you have a complaint about any of the services included in your holiday, you must inform the service provider( airline, hotel, car hire company etc) and our local resort representative immediately and they will do their best to rectify the situation. If the matter remains unsolved, you must contact 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. It is unreasonable to delay or take no action whilst on holiday, but then to complain upon your return as this will likely affect our ability to investigate and remedy the situation, and it may impact on the way your complaint is dealt with.
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. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 10 above on ABTA.
12. Additional assistance If you’ re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls / emails. You must pay any costs we incur, if the difficulty is your fault.
13. Passport, Visa, Identification and Immigration Requirements Your specific identification, passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and / or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any identification, passport, visa or immigration requirements.
14. Excursions Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
15. Travel Agents When you buy a flight-based holiday, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’ s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
16. Law and jurisdiction This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
visit your local travel agent or call 08444 937 444 • www. premierholidays. co. uk Holiday Information 249