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Understanding...

Booking conditions

Bailey Robinson is a trading name of Roxton Bailey Robinson Worldwide Limited ("RBRWW"). The holidays are operated by RBRWW which is a fully bonded tour operator. (Registered No. 3187414, Registered office 25 High Street, Hungerford, Berkshire, RG17 0NF, England). The air holidays and flights are ATOL protected since RBRWW holds an Air Travel Organisers licence granted by the Civil Aviation Authority.

RBRWW's ATOL number is ATOL 4786. In the unlikely event of RBRWW's insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund money that you have paid to RBRWW for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.

1. Your holiday contract

1.1 There will be no binding contract for your holiday until RBRWW has received a signed booking form and/or payment of the deposit/sum shown on the invoice.

1.2 The holiday contract is made by RBRWW with the person who signs the booking form, even though payments may be made by others, and every person signing the booking form is fully responsible for the holiday contract.

1.3 Your holiday contract with RBRWW is made up of the following:

  • These conditions.
  • The relevant information in the brochure. Any changes to the particulars given in the brochure will be set out in the itinerary or advised in writing. RBRWW makes checks to ensure that the descriptions, information and opinions given in brochures used by RBRWW concerning the airlines, hotels, facilities and suppliers are correct, and based on the latest information available at the time of going to press. However, because brochures are necessarily prepared some time in advance, such matters may change by the time you are ready to book your holiday. You holiday contract is made on the basis of the changes notified in the itinerary or in writing.
  • The booking form. This will provide RBRWW with information needed to make the holiday arrangements. Although RBRWW always informs suppliers of your special requests and does what it can to encourage suppliers to accommodate them, it is the suppliers who control whether the request is met and RBRWW cannot guarantee this. This is especially true of dietary requirements.
  • The invoice.
  • The itinerary. This will identify if a holiday service is dependent on participation by a minimum number of people. If so the service may be cancelled by RBRWW in writing within the period indicated in the itinerary without compensation if the minimum take-up is not achieved and if the service has been paid for then the sum paid will be refunded by RBRWW.
  • It is very important to check the details on the itinerary and invoice when you get them. This is because they set out the details of the holiday RBRWW believes you have booked. If you think there is an error you should contact RBRWW immediately so that RBRWW can sort out any problems surrounding what RBRWW or you are expected to do. Changes can only be made by the persons signing the booking form or by someone they authorise in writing.

2. Price

2.1 Payments made by credit card (including Visa, MasterCard and American Express) will result in a surcharge of 1.95% to cover the charges by your credit card company. This does not apply to payments by debit card.

2.2 RBRWW guarantees that up until 30 days before your departure date the price of your holiday will not be subject to surcharges except for:

  • variations in transportation costs, including the cost of the fuel
  • variations in duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports
  • the exchange rates applied to the holiday booking and that within 30 days of your departure date the price of your holiday will not be subject to any surcharges.

2.3 Should above price variations result in the cost of your holiday going up:

  • RBRWW will absorb and you will not be charged for any increase equal to up to 2% on your holiday price (that is, you will only have to pay the increase over and above 2% of the holiday price)
  • If the holiday price increases by more than 10%, you will have the right to cancel within 14 days without liability (see clause 5.1 below)

2.4 RBRWW will not give any breakdowns whatsoever of the price of the holiday

3. Payment

3.1 Note the surcharge in clause 2.1 if you are paying by credit card, which must be paid in addition to the invoiced amount.

3.2 If you are booking within 10 weeks of the departure date, then full payment is required from you at the time of booking.

3.3 If you are booking more than 10 weeks before the departure date, then you need only pay the deposit shown on the invoice at the time of booking, and you must pay the balance at least 8 weeks prior to departure. RBRWW will send a reminder approximately 10 weeks before the departure date.

4. Changes to the holiday or persons taking the holiday

By you:

4.1 A change must be requested in writing by the person who signed the booking form.

4.2 If you or any person on the holiday is prevented from travelling, RBRWW will agree to that person's booking being transferred to another person who satisfies all the booking terms, subject to both persons accepting joint and several liability for full payment of the price and RBRWW's charge for confirming the transfer and any additional costs arising from the transfer. RBRWW must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to the outward departure date.

4.3 RBRWW will assist you if you wish to make changes to your booked holiday but cannot guarantee that relevant suppliers will agree to your changes. There will be a minimum administration charge of £40 plus VAT per person in your party affected, and you will also have to pay the costs associated with the change. Please note that the administration charges are payable whether or not RBRWW is successful in making the change and that where you wish to transfer a booking in circumstances where clause 4.2 does not apply then the supplier may insist that this is treated as a cancellation and rebooking.

By RBRWW:

4.4 It is unlikely that RBRWW will have to change your booking but holiday arrangements are made many months in advance and RBRWW is dependent upon a number of essential suppliers. RBRWW therefore reserves the right to do so. In some destinations travel schedules or holiday services can be changed, delayed or cancelled because of circumstances outside our control. This can cause you to miss travel connections, cause disappointment and impose further costs which RBRWW reserves the right to charge to you.

4.5 If RBRWW makes a significant change to an essential term of the holiday contract before departure then RBRWW will notify you as soon as possible. You can either:

  • have a full refund; or
  • accept a substitute package from RBRWW of equivalent or closely similar standard and price if one is available; or
  • choose a substitute package of a lower standard to the travel arrangements booked together with a refund of the difference in price.
  • RBRWW will if appropriate also pay you compensation as provided in clause 6 opposite.

4.6 If after departure RBRWW is unable to provide a significant proportion of the services it had agreed to provide as part of the holiday contract, RBRWW will notify you as soon as possible and do its best to make suitable alternative arrangements at no extra cost to you. If RBRWW cannot do so or you refuse to accept these for good reasons, RBRWW will arrange to fly you back to your UK departure airport (if the arrangements RBRWW agreed to provide included flights) or to transport you to the point RBRWW's contracted services commenced (if elsewhere than your hotel) as soon as it reasonably can. RBRWW will, if appropriate, also pay you compensation as provided in clause 6 opposite.

5. Cancellation

By you:

5.1 Should surcharges result in the total cost of your holiday increasing by more than 10%, then you may cancel the booking within 14 days of issue of the revised invoice and receive a full refund of all payments made to RBRWW less amendment charges and insurance premiums where the policy can be re-used or re-transferred without penalty.

5.2 If you cancel the holiday for any other reason RBRWW will be entitled to retain part of the payment made by you as compensation. The compensation amount will differ according to whether the holiday period is during peak times or off-peak times in accordance with the tables below. A cancellation must be in writing signed by the person who signed the booking form.

Off-peak period

Period between notification of cancellation and departure date Amount of cancellation charge
More than 56 days Amount of deposit paid
Less than 56 days The higher of the deposit paid or the relevant sum as below:
56 - 43 days 40% of the holiday price plus amendment charges paid
42 - 28 days 60% of the holiday price plus amendment charges paid
13 - 0 days 100% of the holiday price plus amendment charges paid

Peak period

Period between notification of cancellation and departure date Amount of cancellation charge
More than 56 days Amount of deposit paid
Less than 56 days The higher of the deposit paid or the relevant sum as below:
56 - 43 days 75% of the holiday price plus amendment charges paid
42 - 0 days 100% of the holiday price plus amendment charges paid

By RBRWW:

5.3 RBRWW will notify you as quickly as possible of any cancellation.

5.4 RBRWW may cancel the holiday if you do not pay the balance of the price on time and RBRWW may retain the deposit you have paid.

5.5 It is unlikely that RBRWW will have to cancel your holiday in any other circumstances but holiday arrangements are made many months in advance and RBRWW is dependent upon a number of essential suppliers. Therefore RBRWW reserves the right to do so, but you will be entitled to either:

  • have a full refund; or
  • accept a substitute package from RBRWW of equivalent or closely similar standard and price, if one is available; or
  • choose a substitute package of a lower standard to the travel arrangements booked together with a refund of the difference in price.
  • RBRWW will also if appropriate pay you compensation as provided in clause 6 below.

6. Liability, limits on liability and compensation

6.1 RBRWW accepts responsibility, subject as limited by these booking conditions, for supplying to you all holiday services booked by you, even though RBRWW will have engaged independent suppliers to provide certain of these services. For the avoidance of doubt RBRWW is not responsible for and has no liability for the acts or omissions of persons who are not acting as its employees or suppliers (such as for excursions or other activities which you do not book through RBRWW, since these are contracts by you with the local supplier and not with RBRWW).

6.2 RBRWW will have no liability to pay compensation to you for any failure to properly perform the holiday contract, where the failure is attributable to you. Examples would be that any member of your party is unable to travel for medical reasons, or fails to take his/her passport with him/her or a passport which meets the requirements of the country(ies) of the holiday (some countries require you to have at least 6 months validity on your passport from the date on which you leave that country), or to get a required visa or health certificate, or to check in early enough to catch the flight or to turn up in time for an excursion/activity for whatever reason, or mislays or loses holiday documentation, or is reasonably excluded by a supplier because of misconduct or medical reasons, or is not provided with a holiday service because of an error in the information given by you.

6.3 RBRWW will have no liability to pay compensation to you for any failure to properly perform the holiday contract, where the failure is:

  • attributable to a third party unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
  • due to unusual and unforeseeable circumstances beyond RBRWW's control, the consequences of which could not have been avoided even if all due care had been exercised
  • due to an event which RBRWW, even with all due care, could not foresee or forestall.
  • Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.

6.4 Where RBRWW is required to pay you compensation, whether as provided in these booking terms or otherwise, RBRWW will pay £40 per person. RBRWW may in appropriate circumstances increase the sum but RBRWW's liability to pay compensation shall be limited in all circumstances to the lesser of:

  • a maximum of three times the price of the holiday, except as regards any liability in respect of death or injury
  • for air or sea travel to the extent permissible under relevant international conventions or conditions of carriage. Copies of relevant international conventions are available on request. Conditions of carriage often prohibit you from changing the schedule, do not allow refunds, allow the carrier to change schedules without prior notice, restrict free luggage and restrict or deny compensation for delays and cancellation.

7. Complaints

If you have a complaint about your holiday then you should immediately contact RBRWW's representative, even while on holiday, because matters are most easily resolved on the spot where RBRWW's representative can see and understand the exact nature of the problem you have. It is unreasonable to take no action while you are on holiday, then complain afterwards. If RBRWW's representative cannot sort out your problem before you return home then you should contact RBRWW within 28 days of returning home. If you do not complain within that period then this may affect RBRWW's ability to investigate your complaint and may impact on the way that your complaint is dealt with.

8. Law and jurisdiction

Any dispute between you and RBRWW will be governed by the laws of England. Any legal action concerning your holiday or these booking terms shall be brought in the English Courts, unless you live outside England when your local court will also have jurisdiction.

 

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