1
Your Contract Our
aim is to be as professional, efficient and courteous as possible with both our
customers, and suppliers. In these terms and conditions "we", "our" and "us" means
Gr8days, "you" means the person making the reservation and "group" includes all
people travelling with you. It is assumed that you are the lead contact for your
group and that all correspondence or conversations will take place between you
and us. These conditions shall form the basis of the agreement for your Gr8days
and shall apply to the exclusion of any other terms and conditions whether put
forward by you, your group or a third party or whether implied by law (insofar
as the exclusion of the same is lawful). No alteration to these conditions shall
be effective unless expressly agreed to in writing signed by you and a representative
of Gr8days. We set out below an explanation of the conditions that apply when
you book a holiday with us. It is important that you read these conditions as,
together with the information in our brochure, they not only define our obligations
to you but also impose some important commitments upon you. When you make a booking
you guarantee that you have the authority to accept and do accept on behalf of
your party the terms of these booking conditions. A contract will exist after
seven days from the date of issue of our confirmation invoice. This contract is
made on the terms of these booking conditions which are governed by English Law
and any dispute will be dealt with by the English Courts. If however you have
booked your holiday in Scotland or Northern Ireland any disputes may be dealt
with by the local courts in Scotland or Northern Ireland and will be subject to
the law of those countries. Once you have received your confirmation invoice,
it is your responsibility to check that the information and booking details, as
stated on your invoice are correct. Should there be any corrections, please notify
us within 7 days of receipt of your invoice when no charge will be made for these
changes. However, if we are advised of any changes after 7 days, an administration
fee of £15 per change will apply. (If you had not seen these terms and conditions
when you made your booking and you are not happy to proceed with the booking now
that you have seen them, please return all documentation to us, within 7 days
of receiving these booking conditions. Your booking will be cancelled and your
monies will be returned in full, provided you have not commenced your holiday.
This clause does not apply if your booking was made within 5 weeks of your holiday.)
2
Price Guarantee We
guarantee that the price of your holiday will not be subject to any surcharges.
Once a contract exists between us, then the cost of your holiday cannot be increased.
Whilst we reserve the right to change prices from time to time, any changes will
be confirmed to you before you make your booking. The price of your holiday as
shown on your confirmation invoice will not be increased unless you amend your
booking. However, should we reduce the price after you have booked, we guarantee
that any reduction will automatically be passed on to you.
3
Your Booking When you make your booking you must pay the deposit
amount (£25 per person) this amount is none refundable what so ever as indicated
on the booking form. The outstanding balance of you holiday price must be paid
at least 35 days before your holiday commencement date. If the deposit and/or
balance is not paid in time, we reserve the right to cancel your holiday arrangements.
If the outstanding balance is not paid in time, we shall retain your deposit.
4
Holiday & Package tour regulations 1992 (The
regulations) a)The Regulations impose various legal requirements on us in relation
to packages. Any holiday arrangement you book with us in the UK before your holiday
commencement date we will accept as being a package. These conditions are designed
to reflect the Regulations. b) The Regulations particularly impose constraints
on the extent to which we can change or cancel your package and impose consequences
for any change or cancellation by us. They also require us to accept certain liabilities
should something go wrong with your package. In the conditions dealing with changes
or cancellations by us and with our liability should something go wrong with your
package, we only detail those areas where we are given discretion by the Regulations.
You must accordingly read these conditions in conjunction with the Regulations,
a copy of which can be obtained from any branch of The Stationery Office. c) Excursions
or other tours that you may choose to book or pay for through an independent third
party while you are on holiday are NOT packages and are not governed by the Regulations.
Therefore, unless you suffer personal injury or death caused by our negligence
we do not accept any liability for any loss or damage you may suffer from any
excursion booked through a third party. Any arrangements made while you are actually
on holiday and which are not made through us are those for which we do not have
any responsibility or liability for.
5
Changing your Booking Once
a contract exists between us, and you may wish to change your holiday arrangements.
For example, your chosen dates, accommodation etc. and 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. You will be
asked to pay an administration charge of £15 per further costs may incur in making
this alteration. You should be aware that these costs could increase the closer
to the holiday date; you should therefore contact us as soon as possible.
6
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 must be made and the cancellation will be effective from
the date it is received at our offices. Since we incur costs in cancelling your
holiday arrangements, you will have to pay the applicable cancellation charges
and can be up to 100%of the holiday price. It should be noted that any additional
deposit paid for confirmation of a holiday addition, certain tailor-made packages
will be included in the scale of cancellation charges detailed at the foot of
the page. Should cancellation occur more than 35 days from holiday date, the cancellation
charge will, therefore, be loss of deposit plus this additional payment. Notes:
(i) If the reason for your cancellation is covered under the terms of your insurance
policy, you may be able to reclaim these charges. (ii) If one person participating
in a twin or triple share arrangement should cancel and no alternative share can
be found, whether arranged by us or by yourselves, the remaining participants
would then be required to pay the relevant single supplement or forfeit the triple
reduction.
7
If we change or cancel your holiday It
is unlikely that we will have to make any changes to your holiday 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 of them at the earliest possible date. Routings
and itineraries can be affected by adverse weather, road closures or other reasons
and may be varied accordingly. We shall endeavour to advise you of these changes
as soon as we are aware of them. We also reserve the right in any circumstances
to cancel your holiday arrangements. For example, if the minimum number of clients
required for a particular holiday is not reached, we may have to cancel it. We
will not cancel your holiday arrangements less than 35 days 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 holiday arrangements, you can either have
a refund of all monies paid or accept an offer of alternative holiday arrangements
of comparable or superior standard from us if available at no extra cost to you.
Alternatively, if you choose to accept a holiday of lower quality, we will then
refund you the difference in holiday price. If it is necessary to cancel your
holiday arrangements, we will pay to you compensation as set out in the table.
If we make a major change to your holiday, we will inform you as soon as reasonably
possible if there is time before your holiday date. You will have the choice of
either accepting the change of arrangements, accepting an offer of alternative
holiday arrangements which shall be of equal or superior quality from us if available
or cancelling your booked holiday and receiving a full refund of all monies paid
plus compensation. In all cases, except where the major change arises due to reasons
of force majeure, we will also pay compensation as detailed in the table. Major
Change - This means that there has been a significant change of activity, a change
of accommodation to that of a lower category. Please note that these are examples
only and there may be other changes which are considered major. Force majeure
- This means that we will not pay you compensation if we have to cancel your or
change your holiday arrangements in any way due to unusual and unforeseeable circumstances
beyond our control the consequences of which could not have been avoided even
if all due care had been exercised which includes: war, threat of war, riots,
civil strife, terrorist activity, industrial disputes, natural or nuclear disasters,
fire, adverse weather conditions, epidemics, health risks, technical problems
with transport.
8
If you have a complaint If
you have a problem or cause for dissatisfaction, please inform the relevant supplier,
for example the hotel, the transportation company and our tour manager or local
representative (if applicable). This allows us the opportunity to put things right
on the spot. If you remain dissatisfied you must contact our head office in order
that we are allowed the opportunity to find a reasonable solution. It is therefore
a condition of this contract that you communicate any problem to the supplier
of the services in question AND to our representative WHILST IN THE RESORT and
you must confirm your complaint in writing to the persons set out above. If your
complaint is not resolved locally, please follow this up within 28 days of your
return home by writing to our Customer Services Department giving your booking
reference and all other relevant information, keeping your letter concise and
to the point. This will assist us to quickly identify your concerns and speed
up our response to you. If you fail to follow this simple procedure we will have
been deprived of the opportunity to investigate and rectify your complaint and
this may affect your rights under this contract.
9
What happens to complaints We
are proud of our high reputation for customer satisfaction and strive to reach
amicable settlement of the small number of complaints we receive. It is unlikely
that you will have a complaint that cannot be settled amicably between us. However,
disputes to do with this contract that cannot be settled amicably may, if you
wish, be referred to arbitration under a special scheme arranged by the Association
of British Travel Agents but administered quite independently by the Chartered
Institute of Arbitrators. The scheme (details of which are available upon request)
provides for a simple and inexpensive method of arbitration on documents alone
with restricted liability on you in respect of costs. The scheme does not apply
to claims for any amount greater than £5,000 per person and £15,000 per booking
form. Also it does not apply to claims that relate to physical injury or illness.
If you choose to proceed to arbitration under this scheme, you must send a written
notice of your decision to ABTA within nine months after your scheduled date of
return.
10
Our liability to you (i)
We accept responsibility for ensuring that the holiday arrangements that you book
with us are supplied as described in this. If any part of these travel arrangements
is not provided as promised, we will pay you appropriate compensation if this
has affected your enjoyment of your travel arrangements. Except for our liability
referred to in paragraph (ii) below our liability in all cases shall be limited
to a maximum of twice the cost of your holiday. (ii) We accept responsibility
for death, injury or illness caused by the negligent acts and/or omissions of
our employees or agents, or suppliers and sub-contractors, whilst acting within
the scope of, or in the course of their employment, in the provision of your holiday
arrangements. We will accordingly pay you such damages as might have been awarded
in such circumstances under English Law or the law you have chosen under paragraph
1 above, except where such failure (referred to in paragraph 11(i)
or death injury or illness (referred to in paragraph 11(ii), is not our fault
or of that of our suppliers because:- a) such failure is attributable to you or
a member of your party; b) such failure is attributable to a third party unconnected
to the services provided to you; or c) such failure is due to:- i) unusual and
unforeseeable circumstances beyond the control of the party by whom this exception
is pleaded, consequences of which could not have been avoided even if all due
care had been exercised; or ii) an event which the other party to the contract
or the supplier of services, even with all due care, could not foresee or forestall.
(iii) In respect of travel by air, sea and rail and the provision of accommodation,
our liability will be limited in the manner provided by the Warsaw Convention
(applies to transport by air), the Athens Convention (applies to transport by
ship), the Berne Convention (applies to transport by rail), and the Geneva Convention
(applies to transport by road). Copies of these conventions can be obtained on
request. (iv) If we make a payment to you in respect of death, injury or illness
then you are expected to transfer to us the rights you have to take action against
a supplier, employee or any other person. This is so that we can claim back from
the supplier or employee any of the payments we have made to you. If we recover
from the supplier or employee more than the amount we have paid to you we will
pay the additional amount to you. (v) Many services make up your holiday arrangements
are provided by independent suppliers in accordance with their own terms and conditions.
Some may limit or excluded the supplierÕs liability to you, usually in accordance
with applicability international conventions.
11
Your responsibilities (i)
You must ensure that you and the rest of your party have valid vaccinations. We
are not liable for any costs, delays or illness resulting from your failure to
meet these requirements. (ii) You must be responsible for ensuring that any existing
medical conditions or disabilities which may require assistance are declared to
us before you book your holiday or, if newly diagnosed, before date of holiday.
We can only accept your booking upon the clear understanding that we cannot be
liable if you do not inform us of such a condition. (iii) You must be responsible
for the behaviour of yourself and your party. We reserve reasonable discretion
to refuse your booking or to remove you or a member of your party from the holiday,
if your demeanour or behaviour, or that of a member of your party, is disruptive,
dangerous or annoying to other people. No refund or payment of any costs incurred
by you will be made by us under these circumstances.
12
Insurance You
must be suitably insured either through us or with another insurer offering at
least equivalent cover before we will accept your booking. Should you while on
holiday choose to take part in any activity (e.g. hang gliding, hot air ballooning,
white-water rafting, etc.) which can be deemed as being of a hazardous nature,
it is essential to ensure that cover is provided under the terms of your holiday
insurance. The organisers of some adventure activities that you may choose to
take part in whilst on holiday may request you to sign a waiver of their liability
for risks involved. We must draw your attention to the fact that by signing such
a document you may well lose any rights to claim for damages in respect of death,
injury, or loss of or damage to property even if negligence on the part of the
activity organiser is proven to have occurred. Tour managers and local representatives
are instructed not to act as agents in booking any alternative activities other
than those approved by us. Any assistance they may offer at your request does
not imply they have acted as an agent or that these activities have been approved
and are offered for sale by the company.
13
Order Processing In
order to process your booking and to ensure that your holiday arrangements run
smoothly and meet your requirements, we need to use the information you provide
such as name, address, any special needs/dietary requirements etc. We take full
responsibility for ensuring that proper security measures are in place to protect
your information. However, we must pass the information on to the relevant suppliers
of your arrangements such as airlines, hotels, transport companies, etc. Period
before holiday date 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 you will receive
from us. IF WE cancel your holiday, the amount you will receive from us. IF YOU
cancel your holiday, the cancellation charge will be. More than 35 days before
holiday date. £- Deposit Only Deposit Only 35 - 21 Days before holiday date. £15
100% of holiday cost + £15 30% of holiday cost including deposit 20 - 8 Days before
holiday date. £30 100% of holiday cost + £30 50% of holiday cost including deposit
7 Days - Day of holiday date or after £60 100% of holiday cost + £60 100% of holiday
cost including deposit All contracts between Gr8days and its clients are made
on the terms of the above booking conditions which are governed by English Law
and both parties shall submit to the jurisdiction of English Courts at all times
unless the holiday was booked in Scotland or Northern Ireland.
