B away Cruising

Terms & Conditions

Fair trading charter

Your contract is with LeisureFare Ltd. We are committed to a policy of fair trading and make every effort to ensure that you have an enjoyable holiday with us. Our terms of trade have been formulated as a result of our responsibilities under law and in no way affect your statutory rights as a consumer. We accept responsibility for the quality of the holidays we provide. Please read this carefully and keep with you on holiday as the Charter sets out the basis of the contract between you and LeisureFare Ltd. as agents for the hotels and carriers.

Data protection

By giving us your name and personal details you consent for these to be used as necessary in processing your booking and complying with legal requirements (e.g. forwarding passenger lists to airlines). We may also use your details to send you future holiday brochures or advise of special offers from ourselves or other carefully selected companies - should you NOT wish to receive these, please tell us. Sensitive personal information that you give us will only be used when it is necessary for us to communicate your needs to a destination hotel(s) and/or carrier(s).

ATOL Certificate

Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

Your financial protection

When you buy an ATOL protected flight or flight inclusive holiday from us 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.

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. LeisureFare Ltd. provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 6097. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we 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 we, 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 us, 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. Flight only travel arrangements on no-frills airlines requiring full payment at the time of booking are provided by LeisureFare Ltd., an IATA Ticketing Agent, and your travel documents will be sent to you within 24 hours of payment. Your flight is not protected by our ATOL and the Terms & Conditions pertaining to your flight, are those of the relevant airline. Please refer to their Internet web site for further information. If you do not have access to the Internet, please telephone us on 020 8248 2355 and we will send the Terms & Conditions to you.

Your holiday booking

When making a booking you must be aged over 18 years and guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.

The latest Bookings conditions are HERE

All correspondence and documents are sent to the party leader who is responsible to us for all payments in respect of the booking. The contract is made on the terms of the information in this brochure; the details set out in the confirmation invoice and are governed by English Law under the jurisdiction of the English Courts. Our confirmation invoice is our acceptance of the booking (as detailed therein), and the contract is made on its issue. We ask you to check the details and any anomaly should be reported to us or your travel agent immediately otherwise the details shown on the confirmation will be presumed to be correct. Verbal quotations should not be considered binding until the first invoice confirmation is received. All holidays and offers published in this brochure are subject to availability at the time of booking.

Payment

When you wish to confirm a booking we will ask you to pay a deposit**. When your travel arrangements include flights on a 'low-cost' airline, or at a full "published" airfare, the deposit will be 100% of the airfare and 20% of the value of the other elements. For all other bookings, the deposit is 20% of the total booking value. Your final payment will be detailed on our invoice and must be paid in full not later than 8 weeks before your departure, or your booking may be deemed cancelled and your deposits retained. All monies you pay to a travel agent are held by them on our behalf at all times. We do not charge for deposits paid by credit card but balance payments are subject to a 2.5% charge for credit cards or American Express. Cheques should be made payable to LeisureFare Ltd.

** Online bookings require payment in full however your cancellation terms apply as per below

If you wish to cancel your booking

You will need to let us know as soon as possible either by telephone or in writing (or must ensure your travel agent does so on your behalf). You will then receive a cancellation invoice, detailing any charges, as shown in our cancellation table. No booking is cancelled until such a cancellation invoice is issued by us, so you (or your travel agent) should ensure you receive one in order to avoid incurring extra costs.

The charges above apply to total holiday price excluding any insurance premiums, amendment charges or charges for goods sold and dispatched. Certain travel arrangements of your booking may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Once airline tickets have been issued then airline cancellation fees will be passed onto you in addition to the cancellation charges set out above. The conditions of your travel insurance policy may allow a refund claim.

Please note: if any members of your party cancel, but the others still wish to travel, it may be necessary to re-calculate the cost per person based on the new party size as the accommodation will now be under-occupied. This may result in an increased amount per person payable to secure the original booking.

Brochure accuracy and information

We have taken all care to ensure published information and prices are accurate, but if we identify an error or omission following publication, we will inform you before confirming your booking. The revised information will then form part of your contract. If an error or omission is discovered after your booking is made, we will always try to advise you prior to your holiday.

Charges for non-inclusive hotel items and damages

You enter into a separate contract with the hotel or residence for these items (e.g. parking, bar bills etc.), and agree to pay locally for any charges for items or services used by your party and not included in your holiday price. The accommodation we arrange for you can only be used by those people named on your Invoice. You are not allowed to share the accommodation with anyone else or let anyone else stay there.

If you request a change to your booking

All amendments to your booking, e.g. name changes, dates of travel or accommodation, will incur a charge, the amount of which will depend on the nature of the change and the time before the date of travel. This is in addition to any carriers' alteration or cancellation fees applicable. Any changes made within 8 weeks of departure may be treated as cancellations and re-bookings. Certain travel arrangements (e.g. APEX tickets) may not be changeable and any alteration request could incur cancellation charges of up to 100% of that part of the arrangements.

If we change your holiday

Although it is unlikely, we may occasionally have to change your holiday arrangements and we reserve the right to do so. Most changes are minor and we will always endeavour to advise you or your travel agent of any such changes at the earliest possible date. A change of airline, aircraft type, overseas airport of destination, travel timings by 12 hours or less and accommodation of a similar or higher standard in the same resort or region are classed as minor changes which do not entitle you to cancel or change to another holiday without paying our normal administration charges, and for which no compensation or refund is due. Occasionally, we have to make major changes to your travel arrangements or accommodation. A major change is a change made before departure, which, on the basis of the information given to us by you at the time of booking we can reasonably expect will have a major effect on your holiday. The following changes are examples of major changes: changing travel times by over 12 hours, a change of your UK departure airport (excluding London airports), your resort or region, a change to a lower standard or type of accommodation or reducing the number of days' holiday. If we have to make a major change or cancel your holiday we will tell you as soon as possible. Where possible, we will offer the following options: you can either:

• a) accept the changed arrangements
• b) purchase another holiday from us at the advertised current selling price or
• c) cancel your booking upon which we will refund your monies in full and final settlement.

Irrespective of whether you choose a), b) or c) we will pay to passengers who paid the full brochure price compensation as follows:

Compensation payments do not apply to any changes caused by force majeure (war, threat of war, riots, civil disturbances, terrorist activity, and industrial disputes, natural and nuclear disasters, fire, health risks, technical problems, closure or congestion of airports or ports, cancellation or changes by scheduled airlines, hurricanes and other actual potential weather conditions, and other such events outside of our control).

If you have a complaint

In the unlikely event you have cause for complaint whilst abroad, about the accommodation or about any other element of your holiday, you must refer it immediately to the hotel and our representative or agent. If you do not then receive satisfaction before the problem substantially affects your holiday and within 48 hours, please call us in the UK on +44 208 248 2355 (24 hour cover). Depending on the nature of your complaint, we will try to solve your problem as quickly as possible or find alternative accommodation for you if appropriate. It is unreasonable for you to take little or no action whilst on holiday and wait until you return to complain, and you must take reasonable steps to minimise the consequences of the problem. Any complaint must also be followed by written confirmation of all the details, with any supporting evidence, within 28 days of your return from holiday. If you fail to give us the opportunity of resolving your complaint whilst on holiday by either reporting it to our representative or telephoning our UK office, then this may reduce your rights under the contract.

Our responsibility

We have taken all reasonable steps to ensure that proper arrangements have been made for all the holidays which are advertised in this brochure and that the suppliers of various services which will be provided to you as part of the inclusive holiday are efficient, safe and reputable businesses, and that they comply with the local and national laws of the country you are visiting. We have no direct control over the provision of services to clients by suppliers. However, subject to the note below, we will pay to our clients the equivalent of such damages as they would be entitled to receive under English law in an English court for any personal injury to the client, including illness or death, caused by negligence, as understood in English law, of the servants and agents of ourselves or of any of our suppliers contracted or sub-contracted by us to provide any part of the arrangements for your holiday as described in this brochure, except for air, sea and train carriers providing carriage for which separate conditions apply (see no. 14 - Travel Services). Note: We will make payments as stated above providing (a) the injured client has notified us of any claim for personal injury within 3 months of their return from holiday; (b) they assign to LeisureFare Ltd. any rights against a supplier or any other person or party they may have relating to the claim; and (c) they agree to co-operate fully with us should we or our insurers wish to enforce those rights which have been assigned to us or which we are subrogated. This assignment is necessary to enable us to try to recover from suppliers any compensation paid to clients and associated costs as a result of a personal injury to clients caused by the negligence of suppliers. We do not accept liability for happenings or actions outside our control, e.g. delays to travel services, the temporary invasion of pests, the presence of indigenous animals or insects, government action, industrial disputes, damage or inconvenience resulting from the weather (e.g. drought conditions) or from acts of God, or your party's negligence resulting in loss or accident. If any client suffers personal injury, including illness or death, whilst overseas, arising from an activity which does not form part of the inclusive holiday arrangements offered by this company and which is the responsibility of a third party, we will give you all reasonable assistance (subject to our discretion) towards resolving any disputes, provided this is requested within 90 days of the occurrence of the incident. This help will include the provision of translation services, communications with authorities and others in foreign resorts, the recommendation of foreign lawyers (if needed), explanation of procedures to be followed and the notification to you of any time limits, subject to our spending on all such activities on behalf of yourself and your party to a maximum of £5,000 in total, recoverable by us from you in the event of an award against a third party or through insurance. If you have taken our recommended insurance cover, you must make an insurance claim in respect of any legal fees incurred abroad for that purpose, and if you have taken alternative insurance, you must do likewise under any Legal Expenses cover provided by it. You must also provide us with the confirmation from the Insurance Company of receipt of your notification to them of your claim.

Your responsibility

You undertake to report to the hotelier, our representative where applicable or to us any deficiency in the accommodation or its contents on arrival, to exercise due and reasonable care in respect of your holiday accommodation and its contents, to leave it in a clean and complete condition, to respect local and on-site regulations and bye-laws, to limit party numbers to those on your confirmation, to remit payments as invoiced on or before the due dates, to indemnify us against all loss or damage arising directly or indirectly from any act, default or omission of your party, and not to exceed the published occupation capacity of the accommodation. Any serious abuse of a property or its contents may render you liable to eviction without compensation.

Travel services

When you travel by air, land or on water, the relevant carrier's 'Conditions of Carriage' will apply to your journey, some of which may limit liability or exclude liability in accordance with the relevant international conventions.

Information given by us about such services is for guidance only and the carriers concerned accept no responsibility for our brochures. It is your responsibility to report promptly at the checkin times given by the carriers and with the appropriate valid travel documents (e.g. Passports), and we cannot be held responsible for any costs incurred by you if you fail to do so.

Travel insurance

We stongly recommend you travel with suitable travel insurance and will ask you for policy details at the time of booking.

Photographs

General and unlabelled pictures are understood to illustrate an aspect of the region or the country, and not to have any specific connection with any accommodation featured on the same or other pages. Rooms shown in the photographs are not necessarily the hotel's standard rooms.

Your health abroad

EU Visitors to other EU countries are entitled to receive medical treatment under the State Service provided they have a European Health Insurance Card (EHIC). Application forms are available at Post Offices or at www.ehic.org.uk. This does not cover all the costs involved. At the time of publication, there are no special health precautions recommended but for up to date information you should contact the Department of Health. We strongly recommend you take out personal travel insurance with adequate health cover to ensure you are fully protected should you become ill. Please note that the EHIC does not include medical repatriation should it be necessary.

Swimming pools and other facilities

Where a swimming pool, golf course or other facility is referred to as being available for use i.e. courtesy hotel minibus services to golf courses, such availability is at the owners discretion and is understood to be conditional upon (a) seasonality (often mid June to mid September depending on region) (b) favourable prevailing weather conditions as judged by the local owner, agent or hotelier (c) temporary or unavoidable closure necessitated by: the owners/hoteliers essential maintenance programme, accident, damage or malfunction of equipment, and in the case of swimming pools: compliance with any water conservation regulations imposed in times of drought, damage or malfunction of the mains water supply. The above are understood to be a result of force majeure and not to reflect on our failure to deliver an advertised facility.

Brochure validity

Each brochure edition supersedes all previous editions and will be superseded by subsequent editions upon their publication.

Arbitration

In the unlikely event that a complaint cannot be settled amicably between us, you may if you wish refer the matter 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 (details on request). This is a simple method of arbitration on documents alone with restricted cost liability to the customer. The rules of the scheme provide that the application for arbitration must be made within nine months of the date of return from the holiday but in special circumstances it may still be offered outside of this period. The scheme does not apply to claims over £5,000 per person or £25,000 per booking, nor to claims mainly or solely in respect of injury or illness or their consequences. Alternatively, AITO's Independent Dispute Settlement Service may be called upon by either side to bring the matter to a speedy and amicable solution.

Passport / Visa

It is the responsibility of all clients to ensure they have a valid passport, and any required visa. We do not accept any responsibility if you cannot travel because you have not complied with passport, visa or immigration requirements.

Excursions / Activities

Where these are organised by persons/companies unconnected with us, even when sold through a representative or supplier, we have no liability for these.

Holiday participation

Should anyone be refused admission to the flight or to the destination country by the airline or government authority then we are powerless to assist and cannot be held responsible. Any passengers considered to be under the influence of alcohol or drugs may be denied boarding to the aircraft or entry into the country. In these circumstances we shall consider the client as having given notice of cancellation and be under no liability for any costs or charges incurred as a result of our doing so.

Insurance

To travel abroad without adequate insurance is just not sensible.