TERMS & CONDITIONS
These booking conditions are effective from 1 February 2007 and apply to all Booking made thereafter with Capital Vacations Ltd as ("Capital Vacations"). They form the basic of your contract and govern our liability to you and you should read them carefully.
By entering into this contract, you confirm your acceptance of these booking conditions.
For booking of "Packages" (as defined below) and other arrangement, which we expressly Agree to provide as principal, your contract will be with us. Our details will be confirmed In your invoice or booking confirmation. For all other booking, your contract will be with the supplier of the service concerned (e.g. the airline or hotel supplier) for whom we act only as agent and the supplier's term and conditions will apply and you should therefore read them carefully.
If you book Other Holiday Arrangements (as defined below) through us, we will make the Booking as a booking agent for the relevant supplier (e.g. the airline or hotel supplier) concerned and your contract for your Other Holiday Arrangement will be subject to the relevant supplier's terns and conditions which could limit or exclude liability to you often in accordance with various applicable international Conventions (as defined in Section 16 below).
The following booking conditions apply to all booking with or through us (including those where we act only as agent) except where otherwise specified.
DEFINITIONS OF EXPRESSIONS USED IN THESE CONDITIONS
" We", "Our", "Ourselves" and "Us" mean Capital Vacations.
"You", "Your" and "Yourself" means any person who makes a booking for a package or Other Holiday Arrangement", either directly (as principal) or indirectly (as another beneficiary) with us;
"Apex Fare" means an airline ticket with Advance purchase Exclusion requirement;
"Booking" means an Order made by you for the purchase of a package or Other Holiday Arrangement with or through us (via our Travel Agents), which is accepted by us in accordance with these terms and conditions;
"Force Majeure" means unusual, unforeseeable or unavoidable events beyond our control, the consequences of which could not be avoided even if all due care has been exercised including but not limited to war, threat of war, riot, civil disobedience or strife, government action, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers or floods, closure of airports and may also include industrial dispute involving third parties, technical or maintenance problems or unforeseen operational decisions of air carriers such as changes of schedule or any failure in the information technology infrastructure or failure in internet connections;
"Order" means a request made by you to us to purchase (through our Travel Agents)
"Other Holiday Arrangement" means any other booking, which is not a package (e.g. cruise only, air tickets only, accommodation only, or air tickets and accommodation not booked in combination with each other or another holiday component);
"Package" means a combination of at least two of the following: (a) transport (b) accommodation or (c) another tourist service forming a significant part of your Booking, providing that those two or more components are sold to you at the same time by us as a pre-arranged combination and at an inclusive price with full payment being made to us;
"Personal Data" shall have the meaning ascribed to it in the Data Protection Act 1998 and/or any other applicable data protection legislation;
"Travel Agent" mean our travel agents through which we make Packages or Other Holiday Arrangements available to you for purchase;
CONTRACT
These booking conditions govern all Booking that you make with us. They vary depending on whether you make a Booking with us for a Package or for other Holiday Arrangements. If you book other Holiday Arrangements with us, we will make the Booking as a booking agent for the relevant supplier(s) (e.g. the airline or hotel supplier) concerned and your Other Holiday Arrangement will be subject to the supplier's terms and conditions which could limit or exclude liability to you (often in accordance with various applicable international conventions).
No contract shall come into existence between us until we dispatch a confirmatory invoice to you. A confirmatory invoice will be dispatch to you upon receipt of full payment for your Booking. We reserve the right to refuse,at our sole discretion,any Order you place with us. If you do not contact us to withdraw from the Booking before we accept your Order, you will be deemed to have accepted these booking conditions.
All our advertised Packages and Other Holiday Arrangements are subject to availability.
When you make a Booking, by submitting your Order to us you guarantee that You have the authority to accept (and do accept) these booking on your behalf of all members of your party and further, if you are making a Booking for more than One person, that you are responsible for all payments due from each and every party member for whom you are making a Booking.
It is your responsibility to ensure that any information, which is given to you by us or, any of our employees or suppliers is passed on to all members of your party. Any information, which we give to you, shall be deemed as given to each and every party member for whom you are making or have made a Booking.
BOOKING YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT
If you make a Booking through us, you must provide us with all information, which we require. You must also ensure that all information which you provide to us in your Order is accurate and correct and that the credit or debit card you are using is your own (or if it is a third party's you have their express authorization as confirmed to us in advance in writing, to use their credit or debit card) and that Arrangements which you book with us.
We require full payment details, or minimum deposit, from you at the time you make your Order to us for a package or Other Holiday Arrangements. In the event that we are unable to proceed with your Order, the deposit will be refunded to you
When we receive your Order we shall provide you with a booking reference (which you should quote when corresponding with us).
If we accept your Order, we shall accept payment from you and dispatch a confirmatory invoice to you, which shall confirm your Booking with us. As soon as you receive the confirmatory invoice from us, please check the details carefully and inform us immediately if anything appears to be incorrect as it may not be possible to make changes later.
If we do not accept your Order, we shall notify you accordingly.
Our Travel Agents' services are provided on an "as is" basis and we do not make any representations or warranty, express or implied, as to the availability of any packages or Other Holiday Arrangements.
PAYING FOR YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT
A minimum deposit of £100 per person* is required for Booking of Packages and Other Holiday Arrangements at the time of placing your Order.
A minimum deposit of £100 and any applicable airline deposit is required for group Booking of Packages and Other Holiday Arrangements as follows:
| (a) | On or between 3-6 months prior to the date of travel-deposit is required within 21 days of the date of the Booking (Plus insurance premiums if applicable). |
| (b) | On or between 6 week-3 months prior to the date of travel-deposit is required within 14 days of the date of the Booking (plus insurance premiums if applicable). |
| (c) | On or less than 6 weeks prior to the date of travel- deposit is required within 72 hours of the date of the Booking (plus insurance premiums if applicable). |
If the booking is not confirmed (by written acceptance by the company) and a suggested alternative is not considered acceptable, the deposit or full amount will be refunded. Final payment is required not later than 8 weeks prior to departure. If the balance is not paid in time we shall retain your deposit. *Due to the complex nature of many of the itineraries that we construct, a number of external suppliers provide services and packages for which separate and additional deposits apply. In these instances you will be advised of the necessary deposits at the time of booking.
If you have booked Other Holiday Arrangement with us which include special fares or prices from an airline and/or a supplier that imposes ticket/document deadlines, full payment may be required prior to the balance due date shown on your confirmatory invoice. Where possible, we will either offer you the opportunity to pay by the new deadline to protect the price/fare which we have quoted, or you will be offered the option to pay the new applicable price/fare by the original balance due date on your confirmatory invoice.
SURCHARGES AND PRICE ALTERATIONS
The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges once payment is made in full. This clauses 5 does not apply to flight-only booking.
IF YOU CHANGE YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT
Before we have issued your confirmatory invoice, you may make alterations to your order for a package or Other Holiday Arrangement free of charges as long as you notify us of the required alterations, together with your booking reference number, through the relevant Travel Agent through which the original order was made.
If, after our confirmatory invoice has been issued, you wish to change or transfer your travel arrangements in any way (for example the name of the person taking the Booking, your chosen departure date or accommodation), we will do our utmost to make these changes but it may not always be possible. Any request for changes to the made must be in writing from the person who made the booking or your Travel Agent. You may be asked to pay an administration charge and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Certain travel arrangements (e.g. Apex Fares) 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 PACKAGE OR OTHER HOLIDAY ARRANGEMENTS
You, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that written notification from the person who made the booking or your Travel Agent on your behalf is received at our offices.
Any cancellation will incur a charge to reflect the reasonable costs incurred by us in arranging and canceling your booking. If you cancel more than 8 weeks before departure, this charge is likely to be the amount of your deposit although it could be more. If it is more you will be required to pay us the difference. If it is less we will refund the difference. Charges for cancellation after the balance due date will vary due to the complex nature of our travel itineraries. Please ask for the amount of any cancellation charge before cancellation. You should be aware that this charges is likely to increase the closer to the departure date that the cancellation is made and may be up to 100% of the total travel cost.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
More than 10 weeks notice…………………………loss of deposit
70 to 28 days notice………….50% of the cost of the holiday.
27 to 15 days notice………….90% of the cost of the holiday.
LESS than 15 days notice …..100% of the cost of the holiday.
IF WE CHANGE YOUR PACKAGE
We reserve the right to change the price and/or description of any package or Other Holiday Arrangement before a Booking is made and full payment has been received by us.
Occasionally, we may have to make changes to the flights and/or other services that make up your package after we have issued our confirmatory invoice. Most of these changes will be minor and we reserve a right to make minor changes without further notification to you. If a Major change (as defined in section 8.3 below) is necessary, we will inform you or your Travel Agent of them at the earliest possible date before your package commences.
A "Major Change" is a change such as a change in your UK departure airport (excluding a change between Heathrow, Gatwick, Luton, Stansted and London City Airports), a change of more than 12 hours in your departure time from the UK, a change in your resort area overseas, or a change of accommodation to a lower classification than that which you have booked.
If a Major Change is necessary, we will offer you choice of: (a) accepting the change as notified; or (b) accepting an alternative package of a comparable standard if available, or an alternative of a lower value in which case we will refund the difference in price; or (c) canceling your package. Once we have notified you of a Major change, you must communicate your decision to us as possible after receiving such notification.
If you choose to cancel the package under Section 8.4, all payments, which you have made to us for the package will be refunded (except any amendment fees incurred).
In addition, you may be entitled to compensation in the amount listed in the table below, except when the Major Change results from an event of Force Majeure:
More than 8 week NIL Deposit only
More than 45 days £20 100% of holiday cost +£20
More than 29 days £30 100% of holiday cost+£30
More than 9 days £40 100% of holiday cost + £40
Within 8 days £50 100% of holiday cost + £50
The figures in Section 8.6 above are a guideline only and subject to proof of loss you may be entitled to further Compensation except when the Major Change results from an event of force Majeure.
IF WE CHANGE YOUR OTHER HOLIDAY ARRANGEMENTS
We will endeavor to notify you of all changes before the commencement of your Other Holiday Arrangement if it is practicable to do so.
If a schedule change occurs to your itinerary prior to our receipt from you of the full price for the Other Holiday Arrangement, or prior to the issue of your tickets (0n either the outbound or return flight) the following conditions will apply:
(a) We will offer alternative flights and/or dates to you.
(b) The provisions for minor changes/Major Changes as detailed in Section 8.3 above will apply and references in Section 8.4 above to packages shall be construed for the purposes of this paragraph to be references to other Holiday Arrangements.
Should a schedule change occur to your itinerary after full balance/ticket issue, on either the outbound or return flights the relevant supplier's decision will be final and our amendment charges may apply.
IF WE CANCEL YOUR PACKAGE
If we cancel your Booking before the commencement of your package for any reason other than nonpayment by you, we will offer you the choice of:
(a) A substitute package of equivalent or superior quality if such a package is available at no extra cost;
(b) A substitute package of lower quality if such a package is available with a refund of the difference in price between the price of the package purchased and that of the substitute package; or
(c) Receiving the full amount of monies paid to us by you.
In addition, unless the cancellation is caused by Force Majeure, you may be entitled to compensation in accordance with the scale set out in Section8.6 above.
If after the commencement of your package, we are unable to provide a significant proportion of the services we agreed to provide as part if our package contract, we would do our best to make suitable alternative arrangements. If we are unable to do so, or you are able to show that you have good reasons for rejecting our alternative arrangements, we will return you to your place of departure (or an agreed alternative), if it is appropriate to do so, on comparable transport. In addition, where appropriate, and subject to receipt of proof of loss, you may be entitled to compensation set out in Section 8.6 above
IF WE CANCEL YOUR OTHER HOLIDAY ARRANGEMENTS
In the unlikely event that your Booking, other than a flight (for which see Section 11.2), has to be cancelled, a full refund will be made of all monies paid to us to the person/s who have paid for the booking. Insurance premiums are only refundable to the extent that the insurance policy was purchased by you in conjunction with your Booking for the Other Holiday Arrangements and will not be refundable where it was purchased as a standalone product, annual travel policies or policies which have been partially used at the time of cancellation.
Should your flight be cancelled your rights and remedies will be governed by the airline's conditions of carriage. As a result you may be entitled to:
(a) Carriage on another flight with the same airline without additional costs;
(b) Re-routing to your destination with another carrier without additional costs;
(c) Receiving a full refund ;or
(d) Some other right or remedy.
SCHEDULED AIRLINE FAILURE ADMINISTRATION FEE
If you are holiday a ticket(s) on an airline, which fails due to insolvency and ceased flying, the money you have paid for your ticket(s), may be lost
A part of the requirements under our AIR Travel Organisation' License issued by civil Aviation Authority to protect our customers, Travel 2 Ltd undertakes to ensure that, should this happen, our customers receive compensation for their loss to the extent referred to below.
This means that Travel 2 Ltd undertakes that, in the event of a scheduled airline failure arising solely upon a scheduled airline entering into an "insolvent winding-up" (as defined by Rule 4.151 of the insolvency Rules 1986 (as amended) ) or equivalent insolvency process in any other jurisdiction other than England and Wales and ceasing to fly:
(a) Prior to commencement of a passenger's trip, all monies paid by the passenger either as a deposit, or as the case may be, as the price for the scheduled airline ticket(s) will be refunded to the passenger in full; or
(b) After the passenger's Trip has commenced (for the purposes of these booking condition "Trip shall mean travel comprising one or more sequential scheduled airline flights purchased by a passenger from Travel 2 Ltd: (1) the sum equivalent to the price paid for the tickets(s) for such scheduled airline flights forming part of the Trip as were cancelled as a direct result of the airline failure will be refunded to the passenger in full; or (ii) if the Trip is curtailed forthwith upon the airline failure, the cost of direct return transportation to the United kingdom to a similar standard to that originally booked as part of the Trip, such return flight commencing at the point of curtailment of the Trip as the direct result of the airline failure.
As a fee for Capital Vacations administering both the claims and/or the repatriation of passengers we shall charge each customer a nominal administration fee for this service. This fee forms part of the cost of each airline ticket purchased from us and is not optional.
In the unlikely event of an airline failing, please contact the Customer Support team at Capital Vacations Ltd by email at sales@capitalvacaions.co.uk or by telephone on 02072553183 so that the appropriate alternative arrangements can be made. You will be given the option to be repatriated on a comparable airline and in a similar class to that already booked. Alternatively, if you purchase a replacement ticket or if you are seeking a refund for the cost of tickets in respect of that part of your journey which cannot be completed, please forward a claim form to Capita; Vacations at the following address; Customer Relations 39 Great Titchfield Street, London w 1 w 7 PF.
IMPORTANT - OUR LIABILITY FOR YOUR PACKAGE
Subject to sections 13.2 and 18 below, we accept responsibility for ensuring that your Package, which you book with us, is supplied as described in our brochure. If any part of your package is not as described and/or is not of a proper standard, due to the fault of our employees, agents or suppliers we will pay you reasonable compensation if this has affected the enjoyment of your travel arrangements
If claiming compensation because your package is not as described and/or is not of a proper standard, you must follow our complaints procedure as specified in Section 18 below.
Our liability in all cases shall be limited to a maximum of three times the cost of your packages and in calculating compensation for a deficiency in your Package we shall take into account all relevant factors including:
(a) The price paid for your package;
(b) Any steps it was reasonable for you to take to minimize the inconvenience/damage which you experienced; and
(c) The extent to which the deficiency or improper performance affected the enjoyment of the package.
We will not be liable to pay compensation for a deficiency in your package which does not result from any fault on our part or that of our suppliers, is attributable to you or arose from circumstances, which were unusual or unforeseeable, and neither we nor our suppliers (even if all due care had been exercised) could have anticipated or avoided.
Subject to section 14 below, we accept responsibility for death, injury or illness caused by the acts and/or negligence of our employees, agents or our suppliers, whilst acting within the scope of, or in the course of, their employment in the provision of your package.
IMPORTANT -OUR LIABILITY FOR YOUR OTHER HOLIDAY ARRANGEMENTS
In consideration of the fact that we act only as a booking agent for third party suppliers of your Other Holiday Arrangements, we have no liability whatsoever if your Other Holiday Arrangement is deficient and, in particular, we have no liability for any loss, personal injury or death however incurred unless such loss is caused by our negligence.
IMPORTANT NOTICE ON LIMITS LIABILTY
In respect of international travel by air, sea and rail our liability to you will be limited or excluded in the same manner provided by the relevant international Conventions (as defined in Section 16 below). This means that our liability to you shall be limited to the actual engaged liability (if any) of the operating carrier or transport company which undertakes the relevant travel services by air, sea or rail. As such, we recommend that you obtain travel insurance before you travel.
CONDITIONS OF CARRIAGE
We accept responsibility for the proper provision of elements of your package. However, we are recognized as an organizer for travel and holidays only and, as such, does not control or operate any airline, shipping company or Rail Company. When you travel by air, sea , or rail , your journey may be subject to certain international conventions such as, but not limited to, the Warsaw Convention and Montreal Convention (in respect of international carriage by air), the Athens Convention(in respect of international carriage by sea) or COTIF (The Convention Concerning International Carriage by Rail), as such conventions are amended or reenacted from time to time (the "Conventions"). You agree that the operating carrier or transport companies own "conditions of Carriage" will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions and limits of liability contained within these international Conventions and those "Conditions of Carriage". You acknowledge that all of the terms and conditions contained in those "Conditions of carriage" form part of your contract with us as well as the transport company and that those "Conditions of Carriage" shall be deemed to be included by reference into this contract. You can ask for copies of these international Conventions or the "Conditions of Carriage" of the applicable operating carrier from our offices at Capital Vacations, 39 GREAT TITCHFIFELD STREET. LONDON W1W 7PFCopies of the "Conditions of Carriage" of the applicable operating carrier are also available on the website of that carrier.
ADDITIONAL ASSISTANCE FOR PACKAGES
If you suffer a personal injury or other material loss as a result of a failure attributable to a third party unconnected with the provision of services in the package, or as a result of an unusual or unforeseeable circumstance, we will offer you such advice and guidance as is reasonable in all the circumstances.
We may also (at our sole discretion) offer financial assistance to you, up to limit of £ 5,000 per confirmatory invoice (not per member of your party), for the sole purpose of taking legal proceedings against a third party responsible for your injury, death or other loss.
In order to apply for financial assistance from us, you must make a written request to our customer Relations Department at Capital Vacation,39 Great Ticthfield street, London W1W 7PF within 90 days of the incident.
If we provide financial assistance to you, you agree that sums are repayable to us from any monies received by you from a third party or under any insurance policy in relation to the material loss, injury or death.
IF SOMETHINGS GOES WRONG WITH YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT
If a problem occurs whilst you are abroad, you must inform the relevant supplier (e.g. hotel, car rental company, airline, and ground handler details of which can be found in your ground service voucher).
If the supplier cannot resolve the problem to your satisfaction, you should contact your Travel Agent in the first instance or contact us at 02072553183,so that we are given the opportunity to help.
If your complaint is not resolved at the time, you must notify us at the earliest opportunity and write within 28 days of your return to our Customer Relations, Capital Vacations. 39 Great Titchfield Street, London W1W 7PF quoting your original booking reference and giving all relevant information.
Failure to notify us within the period specified in Section 18.3 may hinder our ability to resolve your complaint and/or investigate it fully and, as a consequence, any right to compensation that you may have could be prejudiced.
DISPUTE RESOLUTION
Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agent, and administered independently by 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. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than£5,000 per person. There is also a limit of £ 15, 000 per booking from. Neither does it apply to claims, which are society in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit a £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA code does not require such agreement
FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions we regret that we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by reason of circumstances amounting to Force Majeure as defined in Section 1 of these booking conditions.
SPECIAL REQUESTS
If you have any special requests, we will pass these on to the relevant supplier but we do not have any direct control over the manner in which the services are provided and cannot guarantee your special request.
DATA PROTECTION POLICY
Any personal Data, which we hold, is subject to our privacy policy, which is incorporated into these booking conditions (details of our privacy policy are available on request if booking through our Travel Agent).
INSURANCE
We strongly recommend, for your own protection, that you and all members of your party take our suitable insurance to cover (as a minimum) the costs incurred if you make a cancellation and the cost of assistance, including repatriation, in the event of an accident or illness whilst you are abroad and it is your responsibility to ensure the insurance you Purchase id suitable and adequate for your particular needs. You should note that if you take Capital Vacation's insurance, this would cover you for travel components booked through us.
FINANCIAL SECURITY
The air holidays and flights we offer are ATOL protected, except when tickets for scheduled flights are sent to you within 24 hours of payment being accepted, or where your payment is made direct to airlines. We hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is w5560. 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 www.atol.org.uk.
BROCHURE ACCURACY
Our brochures are necessarily prepared many months in advance of the holiday season to which they relate and therefore some of the advertised facilities or products may be no longer available or may have been altered. As a result changes may be made to the particulars contained in the brochure at any time before your Booking is made. In such circumstances we will notify you of such changes prior to your Booking being confirmed. All photographs used are for the purposes of illustration only and should not be taken to be literal representations of actual facilities, accommodations or services offered unless otherwise advised.
USE OF MATERIAL IN BROCHURES
All copyright and other intellectual property rights in any material, including text, photographs or other images contained in this brochure are either owned by us or have been licensed by the owner for our use. If you wish to use any of the information or material contained in this brochure or displayed on our website, you must first obtain our written permission, or that of the owner of the rights to the material, as case may be.
THIRD PARTY RIGHTS
A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Parties Act 1999) to enforce any term of these booking conditions. This paragraph does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that act.
LAW
These booking conditions shall be governed and construed in accordance with English law and the English courts shall have exclusive jurisdiction to adjudicate any dispute which arises thereto, unless you are domiciled in Scotland or Northern Ireland, in which case you may choose the law and jurisdiction of Scotland or Northern Ireland respectively.