Tour Operator Booking Conditions

Principal / Operator terms and conditions

1.Your Financial Protection

Bailey Robinson is a trading name of Bailey Robinson Ltd (BR), (Registered No. 3187414, Registered Office: The Courtyard, 25 High Street, Hungerford, Berkshire, RG17 0NF). BR is a tour operator, licenced by the Civil Aviation Authority, ATOL number 4786. When you buy an ATOL protected flight or flight inclusive holiday from BR 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. BR, or the suppliers identified on the ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither BR nor the supplier are 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 BR, or the suppliers identified on your ATOL certificate, 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 non-provision of the services, including any claim against BR, 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. For further information visit the ATOL website at www.atol.org.uk. The price of BR’s air holiday packages includes an amount per person as part of the ATOL Protection Contribution (APC) BR pay to the CAA. This charge is included in BR prices.

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Bailey Robinson, member number 5400, and in the event of their insolvency, protection is provided for the following:1) non-flight packages and 2) flight inclusive packages that commence outside of the EEA, which are sold to customers outside of the EEA.  ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with Bailey Robinson. In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company. You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here:  https://www.legislation.gov.uk/uksi/2018/634/contents/made

2. Your holiday contract
2.1 There will be no binding contract for your holiday until BR has received a signed booking form and/or payment of the deposit/sum shown on the invoice.
2.2 The holiday contract is made by BR 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.
2.3 Your holiday contract with BR 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. BR makes checks to ensure that the descriptions, information and opinions given in brochures used by BR 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 BR with information needed to make the holiday arrangements. Although BR 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 BR 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 BR 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 BR. 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 BR believes you have booked. If you think there is an error you should contact BR immediately so that BR can sort out any problems surrounding what BR 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.

3. Price
3.1 BR 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.
3.2 Should the above price variations result in the cost of your holiday going up:
– BR 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 6.1)
3.3 BR will not give any breakdowns whatsoever of the price of the holiday.

4. Payment
4.1 If you are booking within 10 weeks of the departure date, then full payment is required from you at the time of booking.
4.2 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. BR will send a reminder approximately 10 weeks before the departure date.

5. Changes to the holiday or persons taking the holiday
By you:
5.1 A change must be requested in writing by the person who signed the booking form.
5.2 If you or any person on the holiday is prevented from travelling, BR 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 BR’s charge for confirming the transfer and any additional costs arising from the transfer. BR must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to the outward departure date.
5.3 BR 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 BR is successful in making the change and that where you wish to transfer a booking in circumstances where clause 5.2 does not apply then the supplier may insist that this is treated as a cancellation and rebooking.
By BR:
5.4 It is unlikely that BR will have to change your booking but holiday arrangements are made many months in advance and BR is dependent upon a number of essential suppliers. BR 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 cost, which BR reserves the right to charge to you.
5.5 If BR makes a significant change to an essential term of the holiday contract before departure then BR will notify you as soon as possible. You can either:
– have a full refund; or
– accept a substitute package from BR 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.
BR will, if appropriate, pay you compensation as provided in clause 7 below.
5.6 If after departure BR is unable to provide a significant proportion of the services it had agreed to provide as part of the holiday contract, BR will notify you as soon as possible and do its best to make suitable alternative arrangements at no extra cost to you. If BR cannot do so or you refuse to accept these for good reasons, BR will arrange to fly you back to your UK departure airport (if the arrangements BR agreed to provide included flights) or to transport you to the point BR’s contracted services commenced (if elsewhere than your hotel) as soon as it reasonably can. BR will, if appropriate, also pay you compensation as provided in clause 7 below.

6. Cancellation
By you:
6.1 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 BR less amendment charges and insurance premiums where the policy can be re-used or re-transferred without penalty.
6.2 If you cancel the holiday for any other reason BR 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 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 holiday price plus amendment charges paid
42 – 28 days 60% of holiday price plus amendment charges paid
27 – 14 days 75% of holiday price plus amendment charges paid
13 – 0 days 100% of 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 holiday price plus amendment charges paid
42 – 0 days 100% of holiday price plus amendment charges paid

By BR:
6.3 BR will notify you as quickly as possible of any cancellation.
6.4 BR may cancel the holiday if you do not pay the balance of the price on time and BR may retain the deposit you have paid.
6.5 It is unlikely that BR will have to cancel your holiday in any other circumstances but holiday arrangements are made many months in advance and BR is dependent upon a number of essential suppliers. Therefore BR reserves the right to do so, but you will be entitled to either:
– have a full refund; or
– accept a substitute package from BR of equivalent or closely similar standard, 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.
BR will, if appropriate, pay you compensation as provided in clause 7 below.

6.6 BR follows travel advice as issued by the United Kingdom Foreign and Commonwealth Office.
(www.gov.uk/foreign-travel-advice). Should a travel advisory be in place against all travel or nonessential travel to a country or an area within a country that you are due to visit within two weeks prior to your arrival in the country, you will have the option either:
• to cancel your holiday and receive a full refund for all money paid; or
• postpone your trip to a later date when the travel advisory has been withdrawn; or
• accept a substitute package from BR of equivalent or closely similar standard, 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.
As many holidays are booked well in advance of the date of travel, it is possible that a travel advisory can be issued and subsequently withdrawn. Cancellation or amendments will only be made provided the travel advisory is in place within two weeks of the date of your arrival in the country / area within a country. Cancellation can only be enacted if the country / area within a country with the travel advisory forms a significant part of the holiday itinerary. If travelling to the impacted country / area within a country is a non-significant part of the holiday itinerary, BR will undertake, where possible, to make alternative arrangements. Should such arrangements be cheaper, you will receive a refund of the difference in price but should they be more expensive, BR reserves the right to pass such costs on to you.

7. Liability, limits on liability and compensation
7.1 BR accepts responsibility, subject as limited by these booking conditions, for supplying to you all holiday services booked by you, even though BR will have engaged independent suppliers to provide certain of these services. For the avoidance of doubt BR 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 BR, since these are contracts by you with the local supplier and not with BR).
7.2 BR 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.
7.3 BR 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 BR’s control, the consequences of which could not have been avoided even if all due care had been exercised
– due to an event which BR, 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.
7.4 Where BR is required to pay you compensation, whether as provided in these booking terms or otherwise, BR will pay £100 per person. BR may in appropriate circumstances increase the sum but BR’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.

8. Complaints
If you have a complaint about your holiday then you should immediately contact BR’s representative, even while on holiday, because matters are most easily resolved on the spot where BR’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 BR’s representative cannot sort out your problem before you return home then you should contact BR within 28 days of returning home. If you do not complain within that period then this may affect BR’s ability to investigate your complaint and may impact on the way that your
complaint is dealt with.

9. Law and jurisdiction
Any dispute between you and BR 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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