Booking Terms and Conditions

Booking Terms and Conditions On Request & Booking Conditions Thomson Experience is a trading name of Hotelopia S.L.U. part of TUI Travel PLC. Hotelopi...
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Booking Terms and Conditions On Request & Booking Conditions Thomson Experience is a trading name of Hotelopia S.L.U. part of TUI Travel PLC. Hotelopia is registered at Palma de Mallorca 07007 (Spain), Complejo Mirall Balear, Camí de Son Fangos 100, Torre A – 5ª Planta, 4-B with licence number BAL-481 M/D, tax identification code B-57218356 and registered in the Mercantile Register of Mallorca (page PM-44857, volume 2007, folio 148). We urge you to carefully read the following Booking Conditions. When you book any products from us, you will do so subject to these Booking Conditions and to such further terms and conditions as may be applied by the hotel or ticket provider (together, the “Conditions of Contract”). These Conditions of Contract constitute the entire agreement and understanding between you and Thomson Experience (also referred to as “us”, “we”, the “Company”) in relation to their subject matter. By proceeding to make a booking you acknowledge that you have read and understood all of the Conditions of Contract and agree to be bound by them. 1. Your Financial Security When you buy an ATOL protected air inclusive package or flight from us you will receive a confirmation invoice from us(or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence. For further information visit the ATOL website at www.atol.org.uk. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices and will be shown separately on your confirmation invoice. 2. Confirming an Event Booking To request a booking you must complete the required details on the website, confirm that you agree to be bound by the Conditions of Contract and submit your request. Your request will be received by our sales staff who will complete your booking transaction as requested subject to availability. No contract will exist between you and us until we confirm your booking by dispatching an email confirmation to you. Please note that your booking will not be confirmed straight away and until your booking is confirmed we reserve the right to withdraw the offer from sale or make changes. Payment will be taken in full at the time of booking. Please note a reasonable Credit Card handling fee of up to 3% may be applied, and you will be advised at point of booking. It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured for the Event Booking and have an appropriate Personal Cancellation and Travel Insurance Policy in place. 3. Event Prices We always endeavour to ensure that prices quoted on our website are accurate. The prices of Event Bookings are subject to surcharges if increases occur in applicable transportation costs (including fuel), dues, taxes (such as increases in or imposition of VAT or other Government imposed taxes) or fees chargeable for services such as landing taxes, embarkation/

disembarkation fees at ports and at airports and currency fluctuation. In the case of all surcharges we will endeavor to advise you as soon as possible and we will absorb an amount equivalent to 2% of the Event Booking price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged and where this is payable there will be an administration charge of £10 per person and we will forward an Amendment Invoice reflecting any changes made. However if the surcharge means paying more than 10% extra of the Event Booking price you will be entitled to cancel your Event Booking with a full refund of all monies paid with the exception of any monies paid to us in respect of insurance premiums and amendment charges. If you do decide to cancel because of this you must do so within 14 days of the date of issue of the Amendment Invoice. No surcharges will be applied within 20 days of your departure. Should the price of the Event go down due to the changes mentioned above, by more than 2% of your Event Booking cost, then any refund due will be paid to you. However, 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. The prices, offers and information printed in on this website and in our terms and conditions are valid at the time of publication in 13 March 2009. 4. If you change your Event Booking Please check the details of your original booking carefully against your confirmation as there is a minimum administration charge of £35 per change for subsequent changes, and to help prevent ticket fraud, changes to the lead customer name are not allowed more than 48 hours after initial confirmation. Any administration costs incurred above this amount will be detailed to you prior to us making the changes on your behalf. Any changes should be notified to us by recorded letter or email as soon as possible and are only effective when received by us. Any material amendments made by you within 4 weeks of departure will be treated as a cancellation and the appropriate charges made (see section 5). 5 If you cancel your Event Booking If you cancel your Event Booking for all or any member(s) of your party, you must notify us in writing immediately. As Thomson Experience will have made payments for ticket(s) and accommodation on your behalf to ensure your booking is secure, cancellation costs will be charged on the scale shown below. Period before departure within which written cancellation is received

More than 30 days 29 days - 48 hours 48 hours - or less

Amount of cancellation charge shown as a % of the Event Booking cost per person Where the booking is not a Where the booking is a Group booking Group booking 40% 40% 70% 100% 100% 100%

If, for whatever reason, you do not turn up on the arrival date stated on your booking voucher without prior warning to Thomson experience (“a no show”), you or any member of your party will not be entitled to any refund and it will be treated as a cancellation with a 100% cancellation charge.

Important note - events beyond your control: see sections 6 and 7 below. Specific Hotel definitions will apply and be advised at point of booking if appropriate, but typically an Event booking is a Group Booking for more than 10 adults or 5 rooms. 6. If we change your Event Booking We hope that we will not have to make changes to your Event Booking, but it is possible that circumstances may force us to make changes. We reserve the right to do this at any time and will let you know as soon as we can if there is time before your departure. Most changes are minor, however, occasionally we do have to make major changes which may include a change in accommodation to that of a lower category. If we tell you about a major change after we have confirmed your Event Booking you may within the next 3 days after the change is confirmed by us, and prior to commencing your trip: Accept the new arrangements offered by us; or Accept a replacement Event from us of equivalent or closely similar standard and price, if one is available. Should you choose this option the terms and conditions of your Event Booking will not change and these conditions will still apply to your booking; or Cancel your Event Booking with us and receive a full refund of all monies paid, to the extent that we receive an equivalent refund from the ticket or accommodation provider in question. If you fail to send us information about your decision on the event booking change, your decision will be treated as a cancellation and normal cancellation terms will apply (see above). We will pay you compensation, using the compensation table shown, unless the change is for reasons beyond our control or if the number of persons who have made an Event booking is less than that required (see the ‘Important note - events beyond our control’) and should you accept a replacement Event of lower standard and price we will refund the difference in price. This standard payment will not affect your statutory or other legal rights. Period before departure when a major change is notified Compensation payable per person More than 56 days £0 55-29 days £10 28-15 days £20 14-8 days £30 7-0 days £40

Important note - events beyond our control: Compensation payments will not be paid where the changes are caused by events beyond our control which may include, without limitation, war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disasters, fire, flood, technical problems to transport, epidemics, health risks, closure or congestion of airports and ports, cancellation changes of schedules by schedule airlines/trains concert/event cancellation and similar events beyond our control. Any travel or arrangements not booked with us are outside our control even if they were to affect your booking arrangements with us.

In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicized at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us. 7. If your Event Booking is cancelled If you are travelling on an Event Booking for which the primary reason for travel is a Concert or Event, we cannot take responsibility whatsoever as a result of any change/omissions in the event or the programme or failure of the main event to take place as advertised. Our responsibility is to provide you with the ticket for the Event/Concert/Show as advertised by the promoter, nor can we be responsible for any expenses incurred by yourself as a result of the Concert/Event/Show being cancelled by any party other than by Thomson Experience. Important Note: Should the Concert or Event be cancelled by the promoter/artist/performers, your Event Booking will still be scheduled to proceed. You will however, be entitled to an appropriate refund in respect to the Concert/Event Ticket from the promoter, in line with their normal terms and conditions (see section 11 below). Should you decide not to travel as a result of a cancelled event/altered performance, cancellation charges will apply in accordance with our cancellation terms in Section 5 to cover charges associated with pre-booked items such as, without limitation, accommodation or transport. Thomson Experience will nevertheless look where possible to keep any cancellation charges to a minimum. Please note that any event cancellation insurance premiums and any credit or debit card charges are non refundable. Thomson Experience reserves the right to levy a minimum of £35 per person charge to cover administration of any refunds, in the event of a cancellation of an event/show. Where Thomson Experience cancels your Event Booking you can either have a refund or accept a replacement Event from us of equivalent or closely similar standard and price (if one is available). Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown above (unless we cancel your holiday because of non payment or because of one of the events listed in the ‘Important note - events beyond our control’) and we will always refund the difference in price if the replacement Event is of a lower standard and price. NB: Concert/Event Cancellation Insurance. We strongly recommend you check your travel insurance for event cancelation cover and take out a separate specialist cover if this is not covered. Very occasionally we are obliged to cancel a Tour/Event due to insufficient numbers, in the event of this happening we will offer you where possible an alternative Tour/Event or if this is unacceptable, we will refund all monies paid. 8. Itinerary, conduct and behaviour You are responsible for ensuring that you adhere to instructions provided by us in respect to travel itinerary and check-in times/departure points if applicable. We cannot be liable for any loss or expense suffered by you and your party because of their late arrival or failure to adhere to procedure

provided in accordance with airline or train departure or ticket collection instructions if applicable. Should you experience problems with ticket collection on the evening, which can not be resolved with box office staff in accordance with instructions provided by us, please contact our in destination 24 hour emergency phone number (see section 12). Failure to notify us of the problem prior to the commencement of the event could invalidate any claim of compensation. If the behavior of any member of any party is considered likely to cause offence, danger, damage or distress to others, we reserve the right at our reasonable discretion, to cancel or terminate the Event Booking completely. If for example any airline pilot, accommodation owner or manager, event security staff, considers that the behavior is unacceptable they are authorized to terminate all or part of the Event Booking wherever and whenever necessary. If this sort of situation arises, our responsibility for your Event Booking will cease and we will not be obliged to cover any expenses which may be incurred by the party concerned and neither will we consider or accept any claims for compensation or refunds whatsoever. 9. Passport and visa requirements A full passport is required for any overseas Events or if you are entering the UK from overseas. Please note that it is the responsibility of the client to be in possession of correct and valid travel documents. We cannot accept responsibility for any failure to comply resulting in any costs or fines being incurred. If you need to obtain a new passport this should be done in good time. Non British passport holders should check the regulations with the consulates of all the countries you will be visiting or passing through. When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. If you are travelling to the USA after 1st September 2008, the US authorities have introduced a requirement for passengers travelling under the Visa Waiver Programme to register for Electronic Travel Authority. For additional specifics about the VWP please consult the VWP information on the U.S. Embassy London website. http://www.usembassy.org.uk 10. Health Requirements No specific inoculations are normally required for Event, however, it is your responsibility to check with your doctor at least 2 months prior to departure to check for the latest requirements, recommendations and any costs. 11. Responsibility for the Event We accept responsibility for the actions and/or omissions of our employees, agents sub-contractors and suppliers whilst they are acting within the scope of their employment with us. We also accept responsibility should the service we offer prove deficient in any way. If any part of your Event is not provided in the advertised manner, and this is not due to an event beyond our control, we will pay you compensation if this has affected your enjoyment of the Event. In all cases except where personal injury or illness or death results, our liability is however limited to two times the Event Booking price (excluding insurance premiums and amendment charges) of the person(s) affected in total, as stated on the booking (not request) confirmation. Whilst we have no direct control over the providers of services and facilities, we do accept responsibility should you or any member of your party suffer death, personal injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors providing they were at the time acting within

the course of their employment except where the failure to perform or improper performance was due to your own acts and/or omissions, or, those of a third-party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable, or, an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care. It is a condition of this acceptance of liability that you notify us of any claim strictly in accordance with the section entitled "If you have a complaint". When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. When you book Event or Concert tickets the ticket provider’s own ‘Ticket Conditions’ will apply to you and you acknowledge that all of these terms and conditions form part of your contract with us as well as with the ticket provider. Copies of Ticket Conditions and Conditions of Carriage can be provided upon request. 12. If you have a complaint We do try to ensure that your Tour/Event with us is as enjoyable as possible, however, very occasionally plans do go wrong. If you do encounter a problem please inform our representative immediately who will try and resolve the matter there and then. You will also be given a 24 Hour emergency support telephone number which can be contacted whilst you are in destination and is to be used in the event of an emergency and outside of office hours should you encounter problems. Please ensure that we receive any complaint within 35 days of your return by writing to our Customer Services Department at Hotelopia, S.L.U, Complejo Mirall Balears, Camí de Son Fangos 100, Torre A – 5ª Planta, 4-B, Palma de Mallorca 07007 (Spain) or go directly to our contact us in the website www.hotelopia.com, giving your original booking reference and all other relevant information. We cannot accept liability in respect of any claims not notified to ourselves in accordance with this clause. We can normally agree an amicable settlement of the few complaints we receive, however ,in the unlikely event of us being unable to do so , you may of course refer your case to the small claims court. 13. Special Requests We do our best to meet any special requests made by you in writing and will pass these onto the appropriate persons. However, we can only guarantee those special requests confirmed by us in writing. 14. Data Protection To ensure that your Event Booking runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data in compliance with European Directives 95/46 and 2002/58, as well as any other such legislation that substitutes, complements and develops. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply

it to security or credit checking companies, and to public authorities such as customs and immigration. If your Event Booking takes place outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. 15. Important information on Event Ticket Re-issue Depending on the Event, sometimes we will issue tickets in advance and sometimes a voucher will be issued with collection at box office. You will be advised of what will happen with your booking confirmation. Where collection is at box office, it is your responsibility to ensure that you comply with the notified requirements for ticket collection, in particular but not restricted to, box office redemption times (typically restricted to event day) required identification, booking voucher and original booking reference. We accept no responsibility for any ticket redemption failure which occurs at the box office. Once tickets are issued, due to increased security and counterfeit prevention in respect to the reissue of Event/Concert tickets, it is becoming more and more difficult to organise the re-issue lost/stolen or spoiled event/concert tickets. General Entrance (GA) standing Pitch/Unreserved seats cannot under any circumstances be re-issued. Dependent on the promoter/event organiser in some instances reserved numbered seats can be re-issued at the Stadium/Event Venue. Administration charges may be levied. However this is becoming more and more difficult due to counterfeit prevention software being installed and used now by many venues and may result in a request being refused, or if allowed, the physical repurchasing of new tickets to gain entrance. We therefore strongly request that any TICKETS are KEPT SAFELY prior to attending an event and that if staying in a hotel to use safe deposit facilities normally available. We regret that we cannot be held responsible for lost/stolen/spoiled tickets once received and any additional costs that may be incurred in replacing or repurchasing new tickets for an Event/Concert. 16. Law and Jurisdiction The application and interpretation of these Terms and Conditions shall be governed by current and applicable Spanish Legislation. In the event of any discrepancy which may arise from the interpretation or execution of these terms and conditions, the parties, with express waiver of any other court of jurisdiction which might apply, if any, shall abide by the Jurisdiction and Competence of the Courts of Palma de Mallorca, Spain