1.PARTIES
In these terms and conditions the “Company” means TW Consulting trading as Royal Plaza Holidays and the “Client” means the person signing the Booking Form and all other persons on whose behalf he or she has signed it. The person signing the Company’s Booking Form warrants that he or she has the authority of all persons named on the Booking form to contract for the holiday bookings on their behalf subject to these terms and conditions.
2.CONTRACT
These terms and conditions shall apply to all holiday bookings accepted by the Company whether the holidays are illustrated in any brochure issued by the Company or planned by the Company to meet the Clients own requirements. No contract shall exist between the Company and the Client until the Company has received the completed Booking form together with the deposit required by the Company to be paid and until the Company has signified in writing to the Client its acceptance of the booking. No variation of these terms and conditions shall form part of any contract between the Company and the Client unless it is confirmed in writing by the Company to the person signing the Booking Form. All aspects of the contract shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
3.DEPOSIT AND COMMUNICATION
(a) All monies paid are at all times held on behalf of TW Consulting being the holder of the Air Travel Organisers Licence issued by the Civil Aviation Authority to cover your travel arrangements.
(b) All holiday bookings made more than eight weeks before the intended date of departure must be accompanied by the appropriate deposit which shall be 10% of the full price of each holiday, plus any further amount (if applicable) which may be required by the Company to pay for the full cost of air transportation or specified ground arrangements. The balance of the full price as shown on the Company’s invoice is payable not late than eight weeks before the intended date of departure or seven days after the date of the Company’s final invoice, whichever shall be later. The Company reserved the right to treat any failure to pay such balance by the due date as a cancellation of the holiday booking by the Client and the Company will notify the client if it intends to do so and such cancellations will be of effect from the date of despatch of such a notice.
(c) Where holiday bookings are made eight weeks or less before the intended date of departure the full price is payable at the time of booking.
4. PRICE
The contract price is based on the cost of transport, fares, labour, hotel and other tariffs, sub-contracts, taxes, duties and currency exchange rates ruling at the date a holiday booking is accepted. The Company reserved the right to amend the contract price to take account of any variations in these costs or the imposition of any new taxes or duties and will set out our reasons for making any changes in writing to you. As the above conditions require financial commitments on our part, we regret that, in the event of the pound strengthening in value since the issue of our confirmation/invoice no reductions in the overall holiday price would apply. Additionally as special Tour Operators rates are used for air and ground arrangements we are not liable at any stage to give a breakdown of the individual component prices that make up the overall cost of the holiday. The price of your holiday is subject to surcharges on the following items – government action and currency fluctuations. Even in this case we ill absorb an amount and any amendment charges. Only amounts in excess of this 2% will be surcharged but where a surcharge is payable there will be an amount to cover agents’ commission. If this means paying more than 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice.
5.CANCELLATION BY THE CLIENT
Holiday bookings may be cancelled by giving to the Company written notice of cancellation signed by the person signing the Booking Form stating on behalf of which persons named in the Booking Form cancellation is made. The date of cancellation shall be the date of receipt of such written notice by the Company. Where a holiday booking is cancelled by a Client or where a holiday booking is treated by the Company as cancelled under clause 3 of these terms and conditions, the Client will be liable to pay the Company cancellation charges, in accordance with the following:
Period before intended departure date for receipt Cancellation charges expressed as a percentage of the
Of written notice of cancellation by the company. Full price of each cancelled holiday
More than 56 days deposit only
56-43 days 40%
42-29 days 60%
28-7 days 90%
less than 7 days 100%
On or after the intended departure date no refunds will be made. Similarly no credit or refund is available for any unused services provided in the cost of your holiday e.g. unused hotel accommodation. If you decide to amend your arrangements whilst abroad this is your own responsibility and neither TW Consulting nor our overseas agents are responsible for any additional costs incurred nor for any difficulties which may arise with onward travel as a result of such amendments. Insurance is purchased is not refundable in the event of cancellation.
6. COMPANY’S RIGHTS
(a) Definitions
For the purpose of these terms and conditions:
(i) “force majeure” is defined as circumstances where the Company does not accept responsibility where performance and/or prompt performance is prevented by reason of war or threat of war, riot, civil strife, industrial dispute (as defined below), terrorist activity, natural and nuclear disaster, fire or adverse weather conditions; and
(ii) “industrial dispute” is defined as action affecting a supplier which will unavoidably prevent performance, for example, where action is so extensive in character that it precludes travel by similar alternative means of transport.
(b) Cancellation for force majeure, etc.
(i) The Company shall not cancel a holiday booking after the date when payment of the balance of the price becomes due unless it is necessary to do so as a result of hostilities, political unrest or other circumstances amounting to force majeure, or unless the Client defaults in payment of such balance under Clause 3 of these terms and conditions.
(ii) If the Company has to cancel a holiday booking as a result of hostilities, political unrest or other circumstances amounting to force majeure, it shall inform the Client without delay and shall offer the Client the choice of an alternative holiday of at least comparable standard, if available, or a prompt and full refund of all money paid.
(iii) If the company for reasons other than hostilities, political unrest or other circumstances amounting to force majeure, cancels a holiday booking on or before the date when payment of the balance of the price becomes due, it shall inform the Client as soon as possible and shall offer the Client a choice of an alternative holiday of at least comparable standard if available or of a prompt and full refund of all money paid.
(iv) Our itineraries advise you the name of the airline and your destination airport, but we are unable to advise you the type of aircraft to be used. Should it prove necessary (other than by force majeure) to alter the carrier and/or the destination without materially affecting the booked holiday, the Client does not have any right of cancellation other than under the Conditions of Clause 5.
(c) Alterations to Holidays
(i) The Company will not make a material alteration to a holiday unless it does so in time to inform the Client not less than 14 days before the date of commencement of the holiday.
(ii) If the Company makes a material alteration to a holiday for which a booking has already been accepted it shall inform the Client without delay and shall give the Client the choice of either accepting the alteration which will be of at least comparable standard, if available, or of receiving a prompt and full refund of all money paid.
(iii) For the purpose of the above sub-paragraph material alteration shall not include delays in departures caused by circumstances amounting to force majeure and/or industrial action.
(iv) Where a material alteration is necessary due to hostilities, political unrest or other circumstances amounting to force majeure and/or industrial dispute, the above sub-paragraphs shall not apply. The Company shall, however, inform the Client without delay and shall give the Client the choice of either accepting the alteration which will be of at least comparable standard, if available, or of receiving a prompt and full refund of all money paid.
(v) Where despite paragraph (i) and/or paragraph (ii) above the Company cancels or materially alters a holiday after the date when payment of the balance of the price becomes due the Company shall ensure that the Client receives reasonable compensation.
7. LIMITS OF LIABILITY
(i) The Company accepts responsibility for acts and/or omissions of its employees, agents, sub-contractors and suppliers. In addition the Company accepts responsibility should the services which the Company is contractually obliged to provide prove deficient or are not of a reasonable standard save that the Company shall not be responsible or accept liability for death, bodily injury or illness caused to the Client except as provided in paragraph (ii) below. However, where the holiday includes carriage by air or sea, the Company limits its obligations and liabilities (if any) to the extent provided by the applicable international conventions in respect of air or sea carriers.
(ii) The Company accepts responsibility for the negligent acts and/or omissions of:
(a) its employees or agents, and
(b) its suppliers and sub-contractors, servants and/or agents or same whilst acting within the scope of, or in the course of their employment (other than air and sea carriers performing any domestic, internal or international carriage of whatsoever kind) in respect of claims arising as a result of death, bodily injury or illness caused to the Client.
(iii) The Company shall afford every assistance to the Client who through misadventure suffers illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the holiday arrangement nor an excursion offered through the Company.
(iv) The Company does not exclude or limit liability for misleading statements made by the Company, its employees or agents, or exclude or limit liability for the Company’s contractual duty to exercise care and skill in making arrangements for the holiday. However the Company shall not be liable under these terms and conditions (save in respect of death or personal injury arising out of its own negligence) unless the Client makes s the alleged cause of dissatisfaction known to the Company within 28 days from completion or termination of the holiday. Further save as expressly provided in these terms and conditions, the Company will not be under any liability to the Client for any loss or damage of any kind whatsoever (whether consequential or otherwise and whether or not caused directly or indirectly by any negligence on the part of the Company or any of its servants or agents) and all conditions, warranties and stipulations (whether expressed or implied) statutory, customary or otherwise, which but for such exclusion would or might subsist in favour of the Client are hereby expressly excluded. Such exclusion will not however apply to any liability in respect of death or personal injury arising out of the negligence of the Company.
8. INSURANCE (See separate proposal form)
9. COMPLAINTS / ARBITRATION
Dispute arising out of, or in connection with, these terms and conditions which cannot be amicably settled, may (if the Client so wishes) be referred to arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents is administered quite independently by the Chartered Institute of Arbitrators. The Scheme (details of which can be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the Client in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person or £15,000 per Booking Form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the Scheme provide that the application for arbitration must be made within nine months of the date of return from holiday but in special circumstances it may still be offered outside this period. Any complaint made to the Company after the holiday must be made in writing within 28 days of return in sufficient detail to enable the Company to fully investigate the complaint.
