Sunset Travel Ltd Booking Conditions
YOUR CONTRACT IS WITH SUNSET TRAVEL LIMITED A FULLY BONDED MEMBER OF THE ASSOCIATION OF BRITISH TRAVEL AGENTS (ABTA No. V0404) AND A FULLY-BONDED HOLDER OF AN AIR TRAVEL ORGANISER’S LICENCE (ATOL), LICENCED BY THE CIVIL AVIATION AUTHORITY ATOL LICENCE NO. 2886. HELD BY THE CIVIL AVIATION AUTHORITY UNDER ATOL No. 2886
1. TERMS AND CONDITIONS
When you book your overseas travel arrangements with us, we very rarely provide published information within our website and do not produce a brochure. Therefore all representations and recommendations made are verbal and often because your Travel-pa has been to the resort/hotel or has had satisfied customers return from the resort/hotel. Sometimes the resort is chosen by the customer independently without any recommendation from us, and therefore in all circumstances we STRONGLY advise that for further information about your resort/hotel and any other services you have booked that you investigate the independent opinions’ of customers on third party websites such as “Trip advisor”www.tripadvisor.co.uk or sites showing “Feefo” for details of their independent comments on quality, comfort and levels of service. We are unable to verify any comments made by consumers on those sites. In most cases if you are not happy with your hotel/resort (and this is justified) and we cannot resolve the situation in resort, we will offer an alternative and either refund or ask for a supplementary charge to cover the difference in costs, and look to recover the cost of the un-used accommodation nights from the provider of any unsatisfactory service. However in rare circumstances the hotel booked could be a non-refundable special offer or may dispute any criticisms made by you and in such circumstances we may be unable to recover the costs of the un-used nights.
“All the flights and flight-inclusive holidays on this website/brochure are financially protected by the ATOL scheme (Air Travel Organiser’s Licence ATOL No. 2886). When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to:www.atol.org.uk/ATOL Certificate
Any other holiday arrangement that does not include a flight, your protection is provided by way of a Bond held by ABTA (V0404). For further information visit the ABTA website at:www.abta.com
2. BOOKING PROCEDURE
a) Once a booking is made through Sunset Travel Ltd trading as Travel-pa the party leader must be an adult (18 years or more) and accepts that he or she has the authority to accept and does so on behalf of all in the party the terms of these booking conditions and accepts to pay a £150 deposit per person. However in some cases a higher deposit or full balance is required should the booking include low cost carriers, special offer air fares requiring immediate ticketing and accommodation offers which must be paid in full to benefit from the full discount. The remaining balance of your holiday is due 12 weeks prior departure.
b) Once you have booked your holiday and received our Confirmation Invoice and unless you pay in full at the time of booking, we reserve the right to apply any Surcharge. Please see Paragraph 3 below.
c) Your booking is considered definite and a contract will exist between you and Sunset Travel Ltd under the terms of our ATOL licence and you will receive an ATOL CERTIFICATE as well as a ‘Confirmation Invoice’ confirming all your booked arrangements.
d) Prices Quoted or Advertised are for Payments made by Cash, Cheque, Bank Transfers or Debit Cards (Switch, Solo & Maestro) do not carry any additional fees. Credit Cards ‘Visa’ or ‘MasterCard’ will incur a 2% Handling Fee and 2.5% for American Express. We reserve the right to cancel your holiday if payment is declined and in such circumstances to avoid credit card fraud we may require you to provide us by fax or by post proof of your address and a copy of your credit card.
3. HOLIDAY PRICES / SURCHARGES
Prices shown in this brochure or on our Website are from prices, which make up the inclusive cost are based on special contracted rates. Verbal or Website price quotations will be regarded as provisional until confirmed in writing by way of a Confirmation Invoice. In the unlikely event of an administrative/system error resulting in an incorrect price/s we reserve the right to correct the price. We have no control over prices that may be charged at the destination and can accept no responsibility or liability if these differ from those quoted. The price of your travel arrangements is subject to Surcharges for increases in: (1) transportation costs (e.g. fuel, scheduled air fare and any other airline surcharges which we are obliged to collect (2) Government action, such as increases in APD (Air Passenger Duty) or any other government imposed increases (3) currency in relation to adverse exchange rate variations to your particular package. In any of the above case, Sunset Travel Limited will absorb an amount equivalent to 2% of the confirmed holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where a surcharge is payable, there will be an administration charge of £1.00 per person together with an amount to cover agent’s commission. No price increase will be made within 30 days of departure. If this means paying a surcharge of more than 10% on the previously invoiced holiday price, you will be entitled to cancel your holiday with a full refund of all monies paid, except for any premium paid to Sunset Travel Limited for holiday insurance (Unless cancelled within 14 days of booking) and amendment charges. Should you decide to cancel for such a reason, you must exercise your right to do so within 14 days from the issue date printed on the invoice.
When you buy a flight-based holiday, all monies you pay to your travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us as long as we do not fail. Any other holidays that does not include a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
4. CANCELLATION BY YOU
You (or any member of your party) may cancel your holiday at any time providing that the cancellation is communicated to us in writing through your Travel Agent. Cancellation will take effect the day such notification is received by us. As this incurs administrative costs, we will retain your deposit and, in addition, may apply cancellation charges up to the maximum shown in the following table:
|Days Before Departure||Cancellation Charge|
|(Shown as a % of the holiday price)|
|63 days or more||Deposit only|
|62 – 43 days||50% of holiday cost|
|42 – 31 days||75% of holiday cost|
|30 – 0 days||100% of holiday cost|
‘Special Season’ cancellation conditions apply for Easter/Christmas/New Year holidays. To be advised at time of booking. Once your holiday has been confirmed for the above ‘Special Season’, no refund or part refund or unused portion of your holiday will be repaid in the event of cancellation by you. Insurance premiums are not refundable unless cancelled within 14days of booking. If the reason for cancellation is covered under the terms of an Insurance Policy, you may be able to reclaim these charges.
5 .WE STRONGLY RECOMMEND THAT YOU TAKE OUT CANCELLATION INSURANCE TO COVER ANY EVENTUALITIES.
It is a condition of booking a holiday with Travel-pa that you arrange adequate Travel Insurance, your Travel-pa can help, by passing you to a 3rd party Appointed Representative. Travel-pa will not be held responsible if the Travel Insurance you have booked proves to be inadequate and does not cover you for all the activities you may carry out on your holiday, so ensure you read the small print within the terms and conditions of your chosen Insurance provider.
6. AMENDMENTS BY YOU
If, after our Confirmation Invoice has been issued, you wish to change any part of your holiday arrangements, or to change to another of our holidays, or to change departure date, we will do our utmost to make the changes, provided that notification is received in writing at least 8 weeks before departure. This must be accompanied by a payment of £100 per booking to cover our administration costs, plus a further sum for any additional holiday cost incurred.
Alterations cannot be made within 8 weeks of departure. Any such request for alteration will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out in Paragraph 4 above. Please note that certain travel arrangements, e.g. Apex tickets, Special Offers are subject to the carrier’s conditions of carriage and cannot be changed after a reservation has been ticketed; any alteration request will incur a 100% cancellation charge.
7. AMENDMENTS BY US
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally, changes may have to be made (e.g. to itineraries, hotel accommodation, flights or other arrangements), which we reserve the right to make at any time. Changes are normally minor (such as flight times or suspension of certain hotel facilities) and we will advise you or your Travel Agent at the earliest possible date.
If your accommodation has to be changed, we will do our utmost to provide accommodation of a similar or higher grade. Flight timing and carriers in the brochure are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your itinerary sent with your travel tickets. If a significant change becomes necessary, we will inform you or your Travel Agent as soon as reasonably possible if there is time before your departure. Should a major change occur (such as the alteration of your outward/return flight by more than 12 hours, changes of resort or reduction in the standard of accommodation), then provided that it does not arise through circumstances amounting to Force Majeure (see section (b) below), you will have the choice of either accepting the change of arrangements, booking another holiday with us, or cancelling your holiday and receiving a full refund. If you choose another holiday that is more expensive you must pay any difference, but if it is cheaper we will make the appropriate refund. In all cases, we will pay compensation as detailed below:
|Period before Departure within which||which Compensation per Person|
|a major change is notified to you or|
|Up to 63 days||NIL|
|Day of departure||£40|
a) Compensation payments will not apply if payment of your holiday has not been received by SUNSET Travel Limited by the stipulated payment date.
b)Compensation will not be payable if SUNSET Travel Limited is 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 including ‘acts of God’, epidemic/pandemic illness, technical or maintenance problems with transport, changes of schedule or operational decisions of scheduled or other airlines, or other circumstances amounting to Force Majeure.
SUNSET Travel Limited reserves the right in any circumstances to cancel your holiday, in which case we will offer an alternative holiday of comparable standard or will refund in full all monies paid. In no case will we cancel your holiday less than 9 weeks before the scheduled departure date, except for reasons of Force Majeure, or failure on your part to pay the final balance. If a cancellation occurs within 9 weeks of departure for reasons other than Force Majeure, compensation will be payable in accordance with clause 6. In accordance with Regulation (EC) 2111/2005, Article 9, we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Please refer to our airline’s page for the carriers we use or visit our website.
8. OUR LIABILITY TO YOU
a) us is supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your holiday is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers save where they lead to death, injury or illness, except as provided in the following paragraph.
b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and subcontractors, servants and/or agents of the same whilst acting within the scope of, or in the course of their employment in the provision of any part of your holiday that we are contractually obliged to provide. We will, accordingly, pay to our client such damages as might have been awarded in such circumstances under English law.
c) In respect of carriage by air, sea and rail and the provision of accommodation, our liability in all cases will be limited in the manner provided by the relevant international convention and we are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
d) 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.
e) If any client suffers death, accidental illness or personal injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a Third Party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. This financial assistance is to a maximum sum of £5,000 in total per booking.
e) Under EU law (Regulation (EC) No. 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 paragraph 6 above. 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 Aviation Consumer Advocacy Panel at www.caa.co.uk
g) Passport (we recommend that all Passports are valid for at least 6 months and is machine readable). Health vaccination certificate (as and when required) and all necessary Visas requirements and other Immigration requirements are your sole responsibility and you should confirm these with the relevant Embassies and/or Consulates. The following website offers a chargeable visa service to assist (www.visacentral.com.uk ) or (www.ctmstravel.com ) or use any other visa service. Some countries and airlines now require additional passenger information (API) and we will inform you and failure to provide this may result in you being denied boarding. We do not accept any responsibility if you cannot travel because you have not complied with any of the above advice. You need to advise us at time of booking if you do not have a UK Passport.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotel) and our local representative immediately, who will endeavour to put things right or contact us in the UK. It is, therefore a condition of this contract that you communicate any problem to the supplier of the services in question and to our local representative whilst in resort and obtain a written report. If your complaint cannot be resolved locally, you must follow this up within 28 days of your return home by writing to our Customer Relations Department giving your booking reference number and all other relevant information. If you fail to follow this simple procedure, we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem whilst you were in resort and this may affect your rights under this contract. We are obliged to maintain a high standard of service by ABTA’s ‘Code of Conduct’. If we cannot agree how to resolve your complaint, providing the dispute fits within the rules of the scheme, you can use the Arbitration Scheme devised by ABTA which is run independently. It is a simple an inexpensive method of arbitration on documents alone with restricted liability on you for cost. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com . We reserve the rights to share information with other operators regarding complaints.
10. THE CONTRACT
This contract is made on the terms of these Booking Conditions, which are governed by English law and the exclusive jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. This clause does not apply if your booking was made within 9 weeks of Travel.
a) Delays: most flights featured in this brochure are by reputable scheduled airlines who will usually provide refreshments, meals or accommodation when there is any substantial flight delay and when this is possible to arrange. We do not arrange to provide refreshments, meals or accommodation ourselves if there is any delay at the outward or homeward points of departure when these facilities are not offered by the airline.
b) Flight Routings
• Direct Flight: A flight with no change of aircraft en route, but stops are possible for operational reason at short notice or without notice
• Non-Stop Flight: A flight without stops except for operational reason.
• Flight via: A flight via a point as stated in the itinerary and where there is at least one aircraft change en route.
c) Flight Changes. In the event of a change of airline, aircraft type or destination airport, cancellation by you of your contract will be subject to our normal cancellation charges. In circumstances where we are advised by the airline of such a change we will endeavor to advise you or your Travel Agent. Minor timing changes, if known, will be shown on your flight ticket/s and itinerary. You should check this carefully on receipt.
d) Onward flights in the Caribbean with Liat or other local airlines are restricted to max 1 bag per person at 50 Ilbs per person, and extra bags are charged locally.
12. TICKETING DEADLINES
Flight Changes. In the event of a change of airline, aircraft type or destination airport, cancellation by you of your contract will be subject to our normal cancellation charges. In circumstances where we are advised by the airline of such a change we will endeavor to advise you or your Travel Agent. Minor timing changes, if known, will be shown on your flight ticket/s and itinerary. You should check this carefully on receipt.
13. DATA PROTECTION POLICY
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 who is 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 the 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.