Before
you book your holiday, please read all of the information below, along with the
Important Information in our brochure/on our website, as this forms the contract
between you and Southern Africa Travel. Southern Africa Travel is a Trading Name
of Ashley Adams Travel (UK)Ltd.
Your Contract Your contract
is with Ashley Adams Travel (UK) Ltd, a member of ABTA. When you make a booking
you guarantee that you have authority to accept and do 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 we both agree to submit
to the jurisdiction of the English Courts at all times, unless you reside in Scotland
or Northern Ireland where you may pursue matters through the appropriate courts.
Your
Financial Protection 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 youre your repatriation
in the event of our insolvency. We provide this security with the Civil Aviation
Authority under ATOL number 4795 and a bond held by ABTA. In addition we
are a member of SATOA (Southern Africa Travel Organisers Association). 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 ATOL 4795. 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. The air holiday packages on this website are
ATOL protected by the Civil Aviation Authority. Our ATOL number is 4795. Please
see our booking conditions for more information. For further information, visit
the ATOL website at www.atol.org.uk
ABTA We
are a member of ABTA, membership number V9606. We are obliged to maintain a high
standard of service to you by ABTAs Code of Conduct. We can also offer you
an arbitration scheme for the resolution of disputes arising out of, or in connection
with this contract. Further information on the Code and arbitration can be found
at www.abta.com
Your
holiday price When making your 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 departure date. If the deposit and/or balance is not paid
in time, we shall cancel your travel arrangements. If the balance is not paid
in time we shall retain your deposit.
Due to continuing variation of airfares,
prices will be confirmed when bookings are made. Changes in [transportation costs,
including 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 change 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 your 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 that you have to pay
an increase of more than 10% of the price of your travel arrangements, you will
have the option of accepting 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 if 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 of insurance premiums paid
if you can show that 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.
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 endeavour
to meet your wishes to the best of our ability. An administration fee of £50
per alteration will be charged. You should be aware that these costs could increase
considerably the closer to the departure date that the changes are made. Note:
Certain travel arrangements (eg Apex Tickets) 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.
If you cancel your booking 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 cancelling
your travel arrangements, you will have to pay the applicable cancellation charges
up to the maximum shown below. If the reason for cancellation is covered under
the terms of your insurance policy, you may be able to reclaim these charges. Notified
56 or more days before departure-loss of deposit including any higher deposits
as demanded by the overseas operators.
Notified 55-43 days before
departure 40% Notified 42-29 days before departure 60% Notified 28-15 days
before departure 90% Notified 14-0 days before departure 100%
Alteration
to arrangements whilst abroad by you We regret that no credit or refund
is possible for any unused services provided in the cost of the holiday. If you
decide to alter your travel arrangements whilst abroad this is your own responsibility
and the Company or the Companys agents are not responsible for any extra
costs that are involved or for any difficulties that may arise with onward travel
as a result of such alterations. No credit or refund is possible for any lost,
mislaid or destroyed travel documents which should be the subject of a claim on
your own insurance.
Alteration to confirmed booking by us It
is unlikely that we will have to make any change to your booking, but we do plan
the arrangements many months in advance. Occasionally we need to make changes
which we reserve the right to do at any time. Most of these changes are minor,
and we will advise you or your travel agent at the earliest possible date. When
a major change occurs (such as alteration of your outward/return flights by more
than 12 hours, reduction in the standard of accommodation) you will have the choice
of either accepting the change of arrangements, accepting alternative arrangements
from us, or cancelling your trip and receiving a full refund.
Carriers
In accordance with EU Regulation 2111/2005 we are required to advise you
of the actual carrier operating your flight/connecting flight/transfer. We do
this by listing carriers to be used or likely to be used as follows: BA
- British Airway EK - Emirates BD - British Midlands GF - Gulf Air HM
- Air Seychelles MK - Air Mauritius VS - Virgin Atlantic SW - Air Namibia CE
- Nationwide Airlines SA - South African Airways
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. It
is common practice for schedule airlines to use a code share system, which may
include you flying with a partner airline. Where this situation arises, it is
not classed as a major change. Period before departure within which a major
change is notified to you or your travel agent Compensation
per person More than 56 days Nil 43-56 days £15 29-42 days
£30 15-28 days £45 0-14 days £60
Important
Note: Compensation will not be payable if we are forced to cancel or in any way
change your holiday due to war, threat of war, riot, civil strife, industrial
dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather
conditions or other circumstances amounting to force majeure.
Cancellation
of confirmed booking by us In the event of the company having to cancel
your trip on or before the date when the payment of the balance of the price becomes
due you will be offered the choice of an alternative holiday of at least comparable
standard if available and if this is not acceptable a full refund of all monies
will be paid. In the unlikely event that we have to cancel after the date when
payment of the balance of the price becomes due (always providing that the balance
has been paid) , compensation will be made as detailed below. In the event that
your trip has to be cancelled for reasons of force majeure, i.e. the occasion
of war, threat of war, riot, civil strife, industrial dispute, terrorist activity,
natural or nuclear disaster, fire, adverse weather conditions, all monies paid
will be refunded but it is regretted that there will be no compensation payable. Cancellation
within 56 days of departure: 43-56 days £20 29-42 days £30 15-28
days £50 00-14 days £60
Prompt assistance in
resort If the contract we have with you is not performed or is improperly performed
as a result of failures attributable to a third party unconnected with the provision
of the services, or as a result of failures 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, or an event which we or our suppliers, even
with all due care, could not foresee or forestall, and you suffer an injury or
other material loss, we will offer you such prompt assistance as is reasonable
in the circumstances.
Arbitration In the case of any complaint
we will do all in our power to resolve this to the satisfaction of our client.
However, in the unlikely event this proves impossible the matter may (if the customer
so wishes) be referred to Arbitration under a special Scheme which, though devised
by arrangement with ABTA is administered quite independently by IDRS, part of
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. The Scheme does not apply to claims for an amount greater
than £5,000 per person. There is also a limit of £25,000 per booking
form. Neither does it apply to claims which are solely or mainly in respect of
physical injury or illness, however, the Scheme can cover claims which include
an element of injury or illness subject to a limit of £5,000. The rules
of the Scheme provide that the application for arbitration must be made within
9 months of the scheduled date of return.
Injury and illness claims 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 us 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.
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 forestall. Our liability, except
in cases involving death, injury or illness, shall be limited up to a maximum
of 2 times the cost of your travel arrangements (not including insurance premiums
and amendment charges) We will only have to pay this maximum amount if everything
has gone wrong and you have received no benefit from you holiday. Where enjoyment
of only some days has been affected, we will refund reasonable related expenses
and pay a daily sum of compensation of up to a maximum of \£50 per affected
day. Our liability will also be limited in accordance with and/or in an identical
manner to - The contractual terms of the companies that provide the transportation
for your travel arrangements. These terms are incorporated into this contract;
and
- 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 or any conventions.
You can ask
for copies of the transport companies'' contractual terms, or the international
conventions, from our offices situated at Guardian House, Borough Road, Godalming,
Surrey, GU7 2AE. Tel 01483 428162
Brochure and Web site Our brochure/web
site observes the requirements of the Civil Aviation Act 1971, the Package Travel,
Package Holidays and Package Tour Regulations 1992 or any amendment or re-enactment
thereof. The Company reserves the right to make any changes that may be necessary
to the particulars within this brochure at any time after publication. Where such
changes occur, these will be subject to the rights as given under the appropriate
headings in these Booking Conditions concerning cancellations and alterations.
Delay
at airports All travel is by scheduled airlines, and in the event of departure
delays such airlines will advise clients of these details, and in the great majority
of cases will arrange extra meals and overnight accommodation as necessary (at
the airlines expense). If for any reason the airline concerned does not
provide the extra meals and accommodation, we, as the tour operator will make
whatever arrangements we possibly can at our own expense. As we advise both
on the booking form and in these conditions, you should ensure that you take out
comprehensive travel insurance which includes financial compensation in most cases
for delays of 12 hours or more.
Under EU law (Regulation 261/2004) 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 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
Children Child reductions
of up to 50% will be granted on some holidays, provided the child is between the
ages of 2 and under 12 years, and shares a twin bedded room with two adults. Infants
under 2 years will be charged 10% of the air fare plus nominal charges. Further
details will be provided on receipt of specific requirements. 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 flight.
Weather World
weather is becoming more erratic and unpredictable and we can not be held responsible
for any disruption caused to your holiday because of bad weather conditions.
Building
& Development Work Many resorts and hotels are continuing to develop.
If we receive prior advice we will endeavour to inform you of any work that we
consider may affect your holiday. However it may be difficult to foresee the extent
this activity will have at any particular time.
If you have a complaint We
do our best to give you an enjoyable, trouble-free trip but occasionally even
the best laid plans can go wrong. If you have a problem during your holiday, please
inform the relevant authority (e.g. hotel, tour manager etc.) immediately who
will endeavour to put things right. If your complaint cannot be completely resolved
locally, please follow this up in writing within 28 days of your return home,
giving all relevant information. It is therefore a condition of this contract
that you communicate any problem to the authority in question whilst on tour.
If you fail to follow this simple procedure our ability to investigate may be
affected.
Ashley Adams Travel (UK) Ltd., registered address Guardian House,
Borough Road, Godalming, Surrey. GU7 2AE. Registered in the UK No. 3307361 (VAT
No. 242 4974 53). All holidays in this brochure are covered by the Civil Aviation
Authority Travel Organisers licence ATOL No. 4795 and also ABTA Bond.
Data
Protection Policy - Tour Operators In order to process your booking and
to ensure that your travel 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 the proper
security measures are in place to protect your information. We must pass the information
on to the relevant suppliers of your travel arrangements such as airlines, hotels,
transport companies etc. The information may also be provided to security or credit
checking companies, public authorities such as customs/immigration if required
by them, or as required by law. Additionally, where your holiday is outside the
European Economic Area (EEA), controls on data protection in your destination
may not be as strong as the legal requirements in this country. We, will not however,
pass any information onto any person not responsible for part of 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 relevant suppliers, whether in the EEA or not, we cannot provide
your booking. In making this booking, you consent to this information being passed
on to the relevant persons)
**Please note that where information is
also held by your travel agent, this is subject to your agents own data protection
policy. We, your tour operator act as your data controller. You are entitled to
a copy of your information held by us. If you would like to see this please contact
us. (We may make a small charge for providing this to you.)
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