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YOUR CONTRACT IS WITH Mr R. Hughes, trading as Cape Verde Travel,
a member of ABTA
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority
to accept on behalf of your party the terms of these booking conditions.
A contract will exist as soon as we issue our confirmation invoice.
The contract is made on the terms of these booking conditions,
which are governed by English law, and the jurisdiction of English
Courts. You may however, choose the new law and jurisdiction of
Scotland or Northern Ireland if you wish to do so.
2. Financial Protection
The Package Travel, Package Holidays and Package Tour Regulations
1992 require us to provide security for the monies that you pay
for the package holidays booked from this brochure and for the
repatriation in the event of our insolvency. We provide this security
by way of a bond held by the Civil Aviation Authority under ATOL
number 3639.
3. Your Holiday Price
1. We reserve right to alter the prices of any of the holidays
shown in our brochure. You will be advised of the current price
of the holiday that you wish to book before your contract is confirmed.
2. When you make a booking you must pay a deposit of £150
per person. The balance of the price of your travel arrangements
must be paid at least 8 weeks before your departure dates. If
the deposit and/or balance is not paid in time we shall retain
your deposit. All monies you pay to the travel agent are held
by him on our behalf at all times. The price of your travel was
calculated using the current exchange rates quoted in the “Financial
Times Guide to World currencies” in relation to the following
currencies: Cape Verdean Escudo
3. Changes in transportation costs, include the cost of fuel,
dues, taxes or fees chargeable for services such as landing taxes
or embarkation or disembarkation fees at ports and airports and
exchange rates mean that the price of your travel arrangements
may change after you have booked. However there will be no charge
within 30 days of your departure.We will absorb and you will not
be charged for any increase equivalent to 2% of the price of travel
arrangements, which excludes insurance premiums and any amendment
charges. You will be charged for the amount over and above that,
plus an administration charge of £1.00 per person together
with an amount to cover agents’ commission. If this means
you have the option of a change to another holiday if we are able
to offer one (if this is of equivalent or higher quality you will
not have to pay more but it is of lower quality you will be refunded
the difference in price), or cancelling and receiving a full refund
of all monies paid, except for any amendment charges.
We will consider an appropriate refund or insurance premiums paid
if you can show you are unable to transfer or reuse your policy.
Should you decide to cancel for this reason, you must exercise
your right to do so within 14 days from the issue date printed
on your final invoice.
Should the price of your holiday go down due to the changes mentioned
above, by more than 2% of your holiday 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.
4. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to
change your travel arrangements in any way, for example your chosen
departure date or accommodation we will do our utmost to make
these changes but it may not always be possible. Any request for
changes to be made must be in writing from the person who made
the booking or your travel agent. You will be asked to pay an
administration charge of £25 per person and any further
cost we incur in making this alteration. You should be aware that
these costs could increase the closer to the departure date that
changes are made and you should contact us as soon as possible.
NOTE
Certain travel arrangements (e.g. Apex Tickets) may not be changeable
after a reservation has been made and any alternation request
could incur a cancellation charge of up to 100% of that part of
the arrangements.
5. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements
at any time. Written notification from the person who made the
booking or your travel agent on your behalf must be received at
our offices. Since we incur costs in cancelling your travel arrangements,
you will have to pay the applicable cancellation charges up to
the maximum shown in clause 6.
NOTE
If the reason for your cancellation is covered under the terms
of your insurance policy, you may be able to reclaim these charges.
6. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel
arrangements, but we do plan the arrangements many months in advance.
Occasionally, we may have to make changes and we reserve the right
to do so at any time. Most of these changes will be minor and
we will advise you or your travel agent of them at the earliest
possible date. We also reserve the right in any circumstances
to cancel your travel arrangements. For example, if the minimum
number of clients required for a particular travel arrangement
is not reached, we may have to cancel it. However we will not
cancel your travel arrangements less than 8 weeks before your
departure date, except for reasons of Force Majeure or failure
by you to pay the final balance. If we are unable to provide the
booked travel arrangements, you can either have a refund of all
monies paid or accept an offer of alternative travel arrangements
of comparable standard from us, if available (we will refund any
price difference if the alternative is of a lower value). If It
is necessary to cancel your travel arrangements, we will pay to
you compensation as set out in this clause. Please note that carriers
such as Airlines used in the brochure may be subject to change.
Such a change deemed to be a minor change. Other examples of minor
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 standard. If we make a major change to
your holiday, we will inform you or your travel agent as soon
as reasonably possible if there is time before your departure.
You will have the choice of either accepting the change of arrangements,
accepting an offer of alternative travel arrangements of comparable
standard from us if available (we will refund any price difference
if the alteration is of a lower value), or cancelling your booked
holiday and receiving a full refund of all monies paid. In all
cases, except where the major change arises due to reasons of
Force Majeure, we will pay compensation as detailed below. Monies
paid. In all cases, except where the major change arises due to
reasons of force majeure, we will pay compensation as detailed
below:
Period before departure within which notice of Cancellation or
major change is received by us or notified to you
IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY
IF WE CANCEL YOUR
HOLIDAY
Amount you will receive from us
IF YOU CANCEL YOUR
HOLIDAY
Amount of cancellation charge
More than 56 days
NIL
Deposit Only
Deposit only
29 to 56 days
£10
100% of holiday cost + £10
50% of holiday cost
15 to 28 days
£15
100% of holiday cost + £15
70% of holiday cost
0 to 14 days
£20
100% of holiday cost + £20
100% of holiday cost
The compensation that we offer does not exclude you from claiming
more if you are entitled to do so.
Force Majeure: This means that we will not pay you compensation
if we have to cancel or change your travel arrangements in any
way because of unusual or unforeseeable circumstances beyond our
control. These can include, for example, war, riot, industrial
dispute, terrorist activity and it’s consequences, natural
or nuclear disaster, fire, adverse weather conditions.
7. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant
supplier (e.g. your hotelier) and our resort representative immediately
who will endeavour to put things right. If your complaint is not
resolved locally, please follow this up within 28 days of your
return home in writing to our Customer Services Department at
14 Market Place, Hornsea, East Yorkshire, HU18 1AW ENGLAND giving
your booking reference and all other relevant information. Please
keep your letter concise and to the point. This will assist us
to quickly identify your concerns and speed up our response to
you.
It is strongly recommended that you communicate any complaint
to the supplier of the services in question as well as to our
representative without delay and complete a report form whilst
in resort.
If you fail to follow this simple procedure we will have been
deprived of the opportunity to investigate and rectify your complaint
whilst you were in resort and this may affect your rights under
this contract.
8. What Happens To Complaints
We are a member of ABTA, membership no V9926. We are obliged to
maintain a high standard of service to you by ABTA’s Code
of Conduct. Disputes arising out of, or in connection with, this
contract which cannot be amicably settled may be referred to arbitration,
if the customer so wishes, under a special Scheme arranged by
the ABTA and administered independently by the Chartered Institute
of Arbitrators. The Scheme provides for a simple and inexpensive
method of arbitration on documents alone with restricted liability
on the customer in respect of costs. Full details will be provided
on request or can be obtained from the ABTA website (www.abta.com).
The Scheme does not apply to claims for an amount greater than
£5000 per person. There is also a limit of £25,000
per booking form. Neither does is apply to claims which are solely
in respect of physical injury or illness or their consequences.
The scheme can however deal with compensation claims which include
an element of minor injury or illness subject to a limit of £1,000
on the amount the arbitrator can award per person in respect of
this element.
The application for arbitration and Statement of Claim must be
received by the Chartered Institute of Arbitrators within nine
months of the date of return from the holiday. Outside this time
limit arbitration under the Scheme may still be available if the
company agrees, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA /
Chartered Institute of Arbitrators Mediation Procedure. This is
a voluntary scheme and requires your tour operator to agree for
mediation to go ahead. The aim is to help you resolve your dispute
in a quick and cost effective way. Details on request or from
www.abta.com.
9. Our Liability to You
If the contract we have with you is not performed or is improperly
performed by us or our suppliers we will pay you appropriate compensation
if this has affected the enjoyment of your travel arrangements.
However we will not be liable where any failure in the performance
of the contract is due to: you, or a third party unconnected with
the provision of the travel arrangements and where the failure
is unforeseeable or unavoidable; or unusual and unforeseeable
circumstances beyond our control, the consequences of which could
not have been avoided even if all due care had been exercised;
or an event which we or our suppliers, even with all due care,
could not foresee or foretell. Our liability, except in cases
involving death, injury or illness, shall be limited to a maximum
of 2 times the costs 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 transportation
for your travel arrangements. These terms are incorporated into
this contact; 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 compensation that
you can claim 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 compensation contained in these of
any convention.
You can ask for copies of the transport companies’ contractual
terms, or the international conventions, from our office, 14 Market
Place, Hornsea, East Yorkshire, HU18 1AW ENGLAND tel +44 (0) 1964
536191.
Under EU 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 of these rights
will be publicised at EU airports and will also be available from
airlines. However reimbursement in such cases is the responsibility
of the airlines and 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 clause 6. If any payments to you are due
from us, any payment made to you by the airline will be deducted
from this amount. If your airline does not comply with these rules
you should complain to the Air Transport Users’ Council
on 020 7240 6061 www.auc.org.uk.
10. Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or
injury whilst overseas arising out of an activity which does not
form part of your package travel arrangements or an excursion
arranged through us, we shall at our discretion, offer advice,
guidance and assistance. Where legal action is contemplated and
you want our assistance, you must obtain our written consent prior
to commencement of proceedings. Our consent will be given subject
to you undertaking to assign any costs, benefits received under
any relevant insurance policy to ourselves. We limit the cost
of our assistance to you or any member of your party to £5,000.
11. Passport, Visa and Immigration Requirements
Your specific 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 passport, visa or immigration requirements. This brochure
is our responsibility, as your tour operator. It is not issued
on behalf of, and does not commit the airlines mentioned herein
or any airline whose services are used in the course of your travel
arrangements. Please note that in accordance with Air Navigation
Orders in order to qualify for infant status, a child must be
under 2 years of age on the date of its return flights.
12. Data Protection
Please be assured that we have measures in place to protect the
personal booking information held by us. This information will
be passed on to the principal and to the relevant suppliers of
your travel arrangements. The information may also be provided
t public authorities such as customs or immigration if required
by them, or as required by law. Certain information may be also
be passed on to security or credit checking companies. If you
travel outside the European Economic Area, controls on data protection
may not be as strong as the legal requirements in this country.
We will only pass your information on to persons responsible for
your travel arrangements. This applies to any sensitive information
that you give to us such as details of any disabilities, or dietary/religious
requirements. (If we cannot pass this information to the relevant
suppliers, whether in the EEA or not, we will be unable to provide
your booking. In making this booking, you consent to this information
being passed on to the relevant persons.) Full details of our
data protection policy are available on request.
13. Identity of Carrier
In accordance with EU Regulation 21/11/2005 we are required to
advise you of the actual carrier operating your flight/connecting
flight/transfer. We do this by confirming the carrier to be used
at the time of booking as stated on your invoice.
Any changes to the actual airline after you have received your
tickets will be notified to you as soon as possible and in all
cases at check-in or at the boarding gate. Such a change is deemed
to be a minor change. Other examples of minor 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 standard.
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