OPERATOR BOOKING CONDITIONS
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AND CLICK THE ACCEPT BUTTON AT THE BOTTOM OF THE PAGE
CANTERBURY TRAVEL (LONDON) LTD.
hereinafter called the Company, give notice that
1. All arrangements are made subject to the following terms and conditions and the signature on the booking form of the Client or his representative is confirmation that he accepts and agrees to be bound by these conditions. Telephone transactions where credit card details have been supplied are also considered as meeting this requirement.
2. When taking a booking Clients will pay to the Company the specified deposit. If the booking is accepted by the Company the deposit will be retained and go towards the payment of the total cost of the arrangements. Receipt of the deposit does not imply acceptance of the booking by the Company and the Company cannot accept responsibility for any delay or expense suffered by the Client between receipt of the deposit and the written notification by the Company of acceptance or non-acceptance of the booking. If the booking is not accepted by the Company and no acceptable alternative arrangements can be offered the deposit will be returned. A confirmation/invoice will be sent in due course which will specify the date for payment of the outstanding balance. If a booking is made within the payment period the total cost of the holiday must be paid at the time of booking.
3. If the Client cancels the arrangement, or the Company cancels the arrangements because of failure by the Client to pay the balance by the prescribed time, the deposit is forfeited. Additionally, the Company may recover from the Client any additional costs incurred in making and cancelling the arrangements.
4. All arrangements quoted in this brochure are based on known costs and exchange rates when this brochure was produced in October 2004. The price of your holiday is subject to surcharges on the following items: governmental action, currency, aircraft fuel, overflying charges, airport charges and increase in scheduled airfares. Even in this case, we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of the 2% will be surcharged, but where a surcharge is payable there will be an administration charge of £0.50 per person. 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 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 date printed on the invoice. Having already provided for the above in the event that the currency exchange rate or other factors better that from which the brochure is costed no refund would be made.
5. After acceptance of the booking if the Client cancels his arrangements or does not pay the balance of the holiday price by the prescribed time the Company reserves the right to cancel the booking and in such cases the Client will forfeit the deposit. In addition if either event occurs within 42 days of departure the following cancellation fees become payable by the Client.
Period before departure within which written cancellation is received:
more than 29-42 15-28 0-14 on day of
42 days days days days departure
Cancellation charges including (deposit paid) as % of total price
Deposit 40% 60% 100% Total cost
We regret that in the event of cancellation, deposits cannot be carried over to a future year or to alternative travel arrangements.
6. If circumstances beyond the Company's control cause either withdrawal or modification of the advertised arrangements which are made by the Company as agents for the suppliers of transport, accommodation and other services, the Company agrees to immediately notify Clients and if possible offer comparable arrangement or a prompt and full refund of all monies paid by the Client. Such withdrawal will not take place after the date when the balance becomes due unless for reasons amounting to force majeure or in the event that the Client defaults in payment of the balance.
7. Disputes arising out of, or in connection with this contract, 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 will be supplied on request) provides for a simple and inexpensive method of arbitration on document alone with restricted liability on the Client in respect of costs. The scheme does not apply to claims for an amount greater than £1,500 per person or £7,500 per Booking Form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If you elect to seek redress under this scheme written notice requesting arbitration under the scheme must be made within nine months after the scheduled date of return from the holiday.
8. Amendments of bookings received in our office in writing prior to 42 days in advance of tour departure will be charged an amendment fee of £50 per person involved in the transaction. Amendments to bookings made within 42 days of departure will be treated as a complete cancellation of the holiday involved and cancellation fees set out under booking condition 5 still become applicable. Name changes are accepted at any time prior to departure at a cost of £50 per person administration charge. In addition any costs incurred to airlines for cancelled air tickets and any additional cost incurred for new tickets at higher value will be charged. Where scheduled airlines are concerned this will often be the total value of the original air ticket as a minimum. A further charge of £15 for fax expenses will be made for names changed within 1 month of departure as a result of a name change. Courier fees of £30 will be charged for reissued tickets within 10 days of departure.
9. Exchange rates used in the brochure are: (As quoted in the Financial Times, Monday Oct 18th 2004) UK£1 = 1.4450 Euros.
10. Responsibility is accepted by Canterbury Travel that the tour arrangements described in this programme are provided to reasonable standard. Responsibility is also accepted for the proven acts and/or omissions of our employees, agents and suppliers under our control. Appropriate compensation will be offered should we fail in this respect. Such compensation payments do not apply for changes resulting from changes of schedules and cancellations by air sea and rail transportation companies, war or threat of war, riots, industrial disputes, disasters of natural or nuclear nature, terrorist action or other reasonable events beyond our control. Suppliers mentioned above are defined as those providing goods or services appertaining to your holiday with whom we have formal contractual relationships. Where the services in question are carriage by air, water or rail our responsibility is limited in accordance with the relevant conditions of the carrier.
11. Responsibility is accepted for proven negligent acts or omissions, by our employees, agents and suppliers, under our control, in respect of claims arising as a result of death, bodily injury, or illness caused to the signatory to the contract and/or any other named persons on our booking form. Suppliers mentioned above are defined as those providing goods or services appertaining to your holiday with whom we have formal contractual relationships. Where the services in question are carriage by air, water or rail our responsibility is limited in accordance with the relevant conditions of the carrier. Such claims being subject to English Law in respect of any question of liability or quantum and all proceedings shall be within the exclusive domain of the English Courts.
12. Where you suffer any accidental illness, personal injury or death, resulting from any activity not part of your holiday arrangements made by us, all possible advice and assistance will be offered. This will include where appropriate at our discretion, financial assistance up to a limit of £5000 per booking form. Such financial assistance is limited to appropriate circumstances whilst you are still outside the United Kingdom and will be by way of a loan which you will be required to repay within 56 days of your return to the United Kingdom. Canterbury Travel must provide written consent before any expenditure can be considered and further Canterbury Travel reserve the right to have complete control over legal proceedings including but not limited to the selection, appointment and control of your legal representation. Canterbury Travel shall not be liable for expenses normally covered by Holiday Insurance policies at least equivalent to that offered by Canterbury Travel on page 22 and it is therefore in your own interest to ensure that you are in possession of a suitable travel insurance policy.
13. Transportation arrangements made on your behalf provide for the use of a variety of services. In the event of transportation delays arising, meals, refreshments and/or overnight accommodation will be in accordance with the conditions of contract of the respective carrier being used, details of which can usually be supplied on request. Additionally our delayed departure benefit provides cover subject to the applicable terms and conditions specified where travellers have availed themselves of insurance cover via Canterbury Travel.
14. Where our tours are based on using charter aircraft. Tours are operated subject to a minimum participation level equivalent to 80% of aircraft seating capacity. We reserve the right to cancel tours up until 6 weeks prior to departure date.
15. If the Client shall bring a claim against the Tour Operator, arising out of the negligent acts or omissions of the Tour Operator's agents, suppliers or subcontractors, and if the said claim is settled by any payment by the Tour Operator to the Client, whether by agreement or following a court judgement, the Tour Operator shall be subrogated to the customer's personal rights of action against the said agents, suppliers or sub-contracts for recovery in the customer's own name. Further, the Client will render all necessary assistance to the Tour Operator in connection with any recovery proceedings.
16. Activities throughout your holiday are undertaken in Arctic conditions. The organisers reserve the right to vary the tour content and duration of activity in accordance with general safety practice. Duration of outside activities will vary in accordance with conditions applicable on the day and times and schedules specified in the itinerary are those expected to apply but will be adjusted locally to fit with current conditions. Parents and guardians are responsible at all times for the supervision of children travelling within their party for the total duration of the tour. Structures featured within our tours, built from ice, snow etc, eg Snow Holes, Snow Castles, Igloos are dependant on satisfactory levels of snow and means of its compactability. Where inappropriate conditions exist such structures cannot be provided as they are dependent on specific Arctic weather conditions prevailing. Tours within our brochure operate in the Arctic. Most pictures in the brochure depict snowy conditions. Lack of snow however would not be an acceptable reason for cancellation. The programme would be adapted to fit with this situation. The tour would continue with the other or alternative elements provided and there would be no right of cancellation due to lack of snow.
17. For our Day Tours, in the event of an aircraft diversion or delay in departure our total liability to you will be as follows: a delay in departure exceeding 4 hours where the Clients have not boarded the aircraft will result in the tour being cancelled with a full refund of payments made. In the event of aircraft diversion the following procedures will be followed: where the new airport of arrival is within a 150 mile radius of the original airport, bus transportation will be provided to the original airport and the tour will operate in full. To comply with flight crew regulations this will inevitably mean the departure from Lapland in the early hours of the following morning. For arrivals at airports outside a 150 mile radius a Day Tour based on appropriate services available in the locality at short notice will be provided, which of course may vary greatly to that offered in the tour described. In all the years of operation of Day Tours, five have been cancelled and only one diverted to an airport. By signing our booking form you accept our total liability to you in the event of tour cancellation will be a full refund of tour cost. We cannot be responsible for other out of pocket expenses such as overnight hotels, petrol, taxi fees etc. Passengers availing of Canterbury Travel Insurance will receive compensation of £50 per person for such items.
18. The operation of Magical Illusions within the tour content (Disappearing Santa etc.) cannot be guaranteed as they are subject to suitable conditions applicable within the Arctic environment and do not form part of our contract with you. We do wherever possible operate such illusions as they do enhance the tour quality. Transparencies used within the brochure of Santa and his elves are purely representative of the standards that are provided on our tours. Actual elves and Santa may vary in accordance with location visited.
19. It is a requirement of our contract with you, that you be in possession of a comprehensive winter sports insurance policy that covers all activities featured in our tours as good as or superior to that featured on page 22 of our brochure. If you are providing your own insurance cover please specify the policy held on our booking form.
20. Canterbury Travel reserve the right to adjust the content of inclusive tours featured in this programme. Prior to your entering into a contract with us, such changes will be advised to you. Should adjustments be necessary after you have entered into a contract with us we will ask for your written acceptance of such changes.
21. Should the need arise, we reserve the right to substitute an alternative air carrier, aircraft type or origination/destination airport to that previously quoted for our tours. Such alterations do not provide a right of cancellation.
22. Where specified in our programme, free child places are offered on a subject to availability basis. To qualify, bookings must consist of a minimum of 2 adults and 2 children and if a free place is applicable it will be allocated to the youngest aged child. Should amendments occur to the booking resulting in a reduction in party numbers below the minimum requirement the free place is forfeited and a revised invoice will be issued. Where numbers increase on a booking additional free child places will not be granted unless the additional reservation is for at least 2 adults and 2 children and free child places still remain available.
23. Any money paid by a Client to an officiallly appointed agent of Canterbury Travel is at all times held on behalf of the ATOL holder i.e. Canterbury Travel.
24. Our interest lies in providing our clients with a hassle free and enjoyable holiday. Thereby if in our reasonable opinion or that of a person in authority any threatened disruptive action prior to commencement of your holiday or subsequent action on holiday which affects the enjoyment of others allows us the right to terminate your holiday. Should this occur there would be no refund or compensation paid.
25. Consumer Protection: - The air holidays and flights in this brochure are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is 739. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at .
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