Terms and Conditions
| Free Night Offers |
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| Not available duriing christmas, Easter and Peak Periods |
| Meals |
| Meal arrangements are shown at the end of each hotel description. Unless otherwise stated breakfast refers to buffet breakfast, except with some Simply Malaysia PLUS offers where breakfast may be continental style. Where other meals are included these may also be buffet style in restaurant. All inclusive arrangements usually include breakfast, lunch and dinner as well as drinks throughout the day. Drinks are usually confined to soft drinks, house wine and local brand beers and spirits. You may have to pay for “name brands”. Please note that many hotels now have non smoking dining rooms and some hotels and restaurants require men to wear a jacket and tie at dinner, so we respectfully ask our clients to pack as necessary to avoid any embarrassment. Many hotels hold special dinners on 24 December and/or 31 December, which are usually compulsory for stays including these dates. We will advise you of the price of any applicable compulsory special dinners at the time of booking, if known, or at a later date when a revised invoice will be issued. If we have to advise you of special dinner prices after your booking has been confirmed and if you do not find the revised price to be acceptable, you may opt to cancel the holiday in its entirety and receive a full refund of all monies paid providing you notify us in writing within 7 days of the date of the revised invoice. Meals for tours are as outlined, B = Breakfast, L = Lunch and D = Dinner. |
| Accommodation |
| Accommodation in all hotels, whatever the grading, is based on the ‘standard room' category unless otherwise stated and a supplement is payable for alternative room categories. It is common practice to use different descriptions for rooms to indicate varying views as well as better facilities. For example, a standard room type, but with sea view may be described as ‘superior' or ‘deluxe', although the standard of the room itself will be the same. In some cases, a ‘superior' or ‘deluxe' room may be the standard room type available in the hotel, so you should not automatically assume that this indicates a room of a higher standard. It should be noted, though, that city and beach hotels have different priorities - city hotels usually maintain rigorous standards to suit business travellers, whereas resort hotels tend to adopt a more relaxed approach. Because competition and demands are higher in cities, this may mean that a bronze hotel in the city will be of a higher standard than the same grade at the beach although city hotel rooms are often smaller than their resort counterparts. Some beach resort rooms are described as seafacing, however, these do not necessarily have a sea view as it may be affected by plants and trees which grow quickly in tropical climates. Whilst the hotels we feature offer standards of accommodation and facilities according to their grading, we must ask you to remember that some of the destinations featured, such as Sri Lanka, Indochina, China, the Seychelles and the Maldives, are still in the early stages of developing their tourism economies. As such, facilities and amenities outside the hotels may prove to be limited or basic. In remote areas, particularly on tours, the choice of accommodation is limited and standards may not be as high as in the more developed city and beach resorts. If taking a cruise please remember that most ships dock in the morning or in the early afternoon, so it may be wise to consider booking a day room if your onward flight departs some time later. Rooms are often described as being ‘twin' or ‘double'. However, this often means the same thing - that the room is suitable for an occupancy of two. The bed configuration remains at the discretion of the hotel and whilst special requests, such as that for either double or twin beds, will be forwarded to the hotel, they cannot be fully guaranteed. Where three adults share a room, accommodation may be in a standard sized twin room with an extra folding bed or in the existing bedding which may involve adults sharing a double bed. This may be slightly cramped and you should bear in mind that there will be no additional storage space. If a folding bed is required this must be requested at time of booking and an extra charge may be made by the hotel which is payable locally. See Child Reductions Section for details of child accommodation arrangements. Where single rooms are booked, these may be specifically designed for single occupancy and, therefore, less roomy than twins or doubles. Location and views are not always the best in the hotel. The names and arrival details of all room occupants will be required at the time of booking. Many hotels will make a charge payable locally if occupancy is amended during your stay. Unless specified all rooms in our brochure have private facilities. This means a bath OR shower. If you have a specific preference for a bath or shower, you should let us know and requests will be passed to the hotel, although we cannot guarantee that these will be fulfilled. We will always refer to your holiday duration in terms of ‘number of nights' spent in hotels and ‘number of days' away from the UK (including overnight flights). On your day of arrival, rooms may not be available until mid-afternoon. However, for earlier arrivals, if you wish to have access to your room when you arrive at the hotel, you should ask for it to be booked from the previous night at the appropriate supplement. On the last day of your holiday you will probably have to vacate your room about mid-morning regardless of your original time of arrival. If your homeward flight does not leave until late evening and you require a day room, you may book it via ourselves or it may be booked directly with the hotel if available, and paid for locally by you. It is common practice for hotels to take a credit card imprint on check-in as a guarantee for incidental expenses. If you do not possess a credit card, a cash deposit may be required, which will be refunded at check-out less any incidental charges. Please bear in mind that if your hotel is located within a town or city you are likely to experience some street and traffic noise within your hotel room even when the windows are closed. Cities the worldover have their less salubrious areas. These can sometimes be found in central locations and may be in close proximity to tourist areas. Air-conditioning may be offered in hotels, and operation may be at the discretion of the hotel management so may be limited to certain times of the year. Please note also that air-conditioning units may provide cool air only. Where satellite or cable television services are indicated we cannot guarantee how many stations will be operating or how many will be in English. |
| Child reductions |
| When sharing a room with two full paying adults, child reductions (for children aged 2 - 11 years) may be available. In some cases children may stay free at selected hotels if they share existing bedding, which may include sharing a double bed with adults. All child prices are therefore available on request to ensure that the very best price is given. Prices for infants (under 2 years) are available on request. Baby cots can be requested from the hotel in advance and should be requested at the time of booking and paid for locally. Sky cots may also be available on flights and should be requested at the time of booking – these are normally only available for ‘small' infants (weight, age and size restrictions vary between airlines). Please note, we do not recommend complicated itineraries or holidays associated with the experienced traveller for children. |
| Special requests |
| We accept responsibility for services which form part of the contract. Should you have any special requests, which do not form part of the contracted services, they must be advised to us in writing as your booking is being made. We will be pleased to advise the hotel or carrier of your requests however we cannot guarantee they will be met. Any special requests, which have been advised to us, will be shown on your confirmation. Should there be any additional costs involved then payment should be made locally unless otherwise advised. Please note any special requests advised after the booking has been confirmed may incur an administration fee. |
| Simply Malaysia Bonus Plus Offers & early booking offers |
| All offers are available for holidays (excluding accommodation and land only bookings) started and completed within the period stated and all nights must be consecutive. They may also be subject to availability and for bookings made by a certain date or may be withdrawn at any time without prior notice. Offers for items such as champagne are per booking, not per person. Offers must be claimed at the time of booking otherwise offers may be refused or administration charges may be applied. |
| Honeymoon & anniversary offers |
| If you are travelling on your honeymoon or in celebration of your silver, pearl, ruby, gold or diamond wedding anniversary (offers not valid for other anniversaries) and are staying at one of the hotels that offer ‘honeymoon and anniversary specials' you must tell us at the time you make your booking. If it is your honeymoon, please also ensure that you give us the name that you will be travelling in as it is shown in your passport as name changes at a later stage may not be possible and if they are, a charge will be levied. If it is your anniversary please advise us of the special date. You will need to take your marriage certificate with you as it will be required at check-in to ensure you receive the offer featured. We cannot be held responsible for offers denied if you fail to take your certificate. |
| Special needs |
| We are delighted to offer advice for clients with special needs or disabilities. Although the properties featured in our brochure do not have specially adapted rooms, some may prove more suitable than others with regard to their location, general layout, availability of ground floor rooms, lifts etc. Similarly the level of specialist service may vary at different airports and with different airlines. Please note that in order to comply with ferry/airline regulations we do require that detailed information with regard to needs, assistance and facilities is made available to them when your booking is made. Some airlines place restrictions on the number of passengers with special needs they can carry. The type of facilities available may be restricted in accordance with the type of aircraft in service or the airport itself. In some cases, confirmation of services may not be given until shortly before travel. We therefore suggest that all components of your holiday are thoroughly discussed and that the information is forwarded to us in writing prior to your holiday being confirmed so we may endeavour to ensure that all aspects of the holiday selected meet your requirements. We will also ask that you complete our Special Needs questionnaire. You should ensure that you complete this fully and include all relevant information on it. This form will then be forwarded to the relevant suppliers and is the basis on which all arrangements will be made. We will be more likely to be able to meet your requirements if they are advised to us well in advance of your departure date. |
| Currency |
| Credit cards are essential as they are required to guarantee your hotel extras bill. Please refer to each individual country's destination guide in this brochure for details of currency requirements. |
| Special events, fairs and festivals |
| Special events, fairs, trade shows, festivals or simply high demand in some destinations may result in limited availability of accommodation which may only be secured by paying higher prices to those we have specially negotiated on your behalf. Minimum stays may also be required. It is impossible to list all the special events in this brochure, as full details are not always available at the time of going to print. However, if the date you select for your holiday falls over a special event or we are unable to offer accommodation at our brochured properties, we will be pleased to provide a tailor-made quote using alternative hotels or provide a quotation at the special event rates applicable. Bookings made for special event periods may also be subject to revised conditions and payment schedules. |
| Seasonal entertainment and restricted opening |
| Some of the attractions mentioned in this brochure do not operate or open all year round or on every day of the week. This information is not always available to us so we cannot guarantee that any attraction mentioned will be open on the day you visit. Please ask at the time of booking if this is important to you. |
| Tours |
| Depending on their popularity and the time of year, you may find that group sizes vary. On some occasions the tour may be private, in which case it may be carried out by private car, while at other times you may join a larger group. |
| Minimum numbers |
| Certain holidays or activities and excursions featured in this brochure are subject to a minimum number of participants for their operation. We will contact you prior to departure, if possible, or our representatives will contact you should these minimum numbers not have been reached. You will then have the choice of booking an alternative, and the holiday cost will be adjusted to reflect the revised arrangements, or having a full refund of all monies paid for that item. |
| Excursions and optional extras |
| These can be booked when you book your holiday for convenience and peace of mind. Should you wish to add them to your itinerary after your booking has been confirmed, you may incur administration fees. Occasionally you may find these services available cheaper in the destinations as a result of a ‘special offer' or the prevailing exchange rate. Please note many excursions will operate from limited pick up and drop off points. All details will be advised in your travel documentation or by our representatives, who will arrange with you locally the date and time of your excursion. |
| Your travel arrangements |
| It is our policy that once you have checked in you are the responsibility of the carrier. Your travel insurance will normally include travel delay cover – we recommend that you ensure that this is included in your policy – and this may enable you to claim a benefit to compensate you for your delay. We cannot accept responsibility if you miss your departure because you check in late. Non-stop services are, as you would expect, non-stop between A and B. Direct services are those which stop en route to the final destination for passengers to embark and disembark or simply to refuel. Services via are those where a change of aircraft is required. Your travel schedule will be confirmed to you at the time of booking. However, as you would expect, travel schedules, timings, routings and aircraft type can and do change at any time up to the time of departure in line with the regulations governing carriers. All times are shown on our paperwork using the 24 hour clock. For departures in the very early hours, eg 01:00 hours, it is necessary to check in the previous day. A vast majority of flights are now non-smoking services. If this is a concern please check. Whilst we cannot guarantee specific seat requests, some airlines do accept requests which we will be pleased to pass on. On certain routings, airlines operate a "code-share" system, whereby flights will operate under two airline flight numbers. However the aircraft and staff will be supplied from only one of the two carriers involved. We cannot guarantee which carrier will be operating any given "code shared" flight. Some airlines operate as a franchise and the flight may carry the flight number of the franchisor, although the flight itself may be operated by the franchisee. |
| Your transfers |
| Where you have pre-booked transfers or they are included for you, detailed instructions will be in your travel documentation and you will need to have your transfer vouchers to hand when required. Transfer times shown in this brochure are approximate and are, of course, subject to local conditions e.g. time of day, traffic conditions, local events etc. |
| Your own accommodation arrangements |
| If, during part of your itinerary, you make your own accommodation arrangements, we ask that you provide us with contact details for this period. This is so we can contact you should there be any changes to your onward arrangements, eg a flight schedule change or other changes to your itinerary or a need to pass on any other important information to you. If you fail to provide contact details we cannot accept any responsibility for missed connections or costs incurred as a result. As part of our agreements with airlines, some of them require that you book accommodation with us for the entire duration of your holiday and we may, therefore, be unable to confirm bookings where you have made your own arrangements for any part of the itinerary. |
| Unused services |
| No refunds will be given for services pre-booked but not utilised. Should you fail to use or make any changes to any part of your itinerary without notifying us, your onward arrangements will be automatically cancelled and we will not be liable for any losses or expenses you incur. |
| Representation services |
| We have appointed agents in most of the destinations featured. However, in some areas, because of local conditions or the remoteness of an area, representatives may not make visits to hotels. You may be contacted by phone or a telephone number will be provided to enable you to contact the agent's office if you require assistance. These services are provided for inclusive holiday bookings only. |
| Your accommodation and resort area |
| Every effort is made to ensure that the accommodation and resort descriptions contained within this brochure are fair and accurate in order that you can select the best possible holiday to suit your own personal requirements and tastes. However, if you find on arrival that the accommodation reserved for you, or the resort area, are not to your personal liking, then we will endeavour to arrange a suitable alternative. Naturally, this will be subject to availability and any extra cost will have to be paid by you at the time of your request to change. Please note, this may be in addition to any cancellation fees levied by the original accommodation booked, and subject to any applicable administration fees. In the unlikely event you feel that the accommodation is in any way substandard, we will employ a similar policy pending the opportunity to complete a full investigation. The best course of action is to advise the hotel and our agents of any concerns you may have as soon as possible so we have the opportunity to resolve them without delay, and you can enjoy the rest of your holiday. |
| Safety and security |
| The Foreign and Commonwealth Office, may, from time to time, issue ‘advisories' or general information about travel to certain areas. We recommend that you make use of these facilities to check for information relevant to your intended destinations prior to your departure. If the Foreign and Commonwealth Office advises against travel to a destination, then we would take appropriate action and seek to arrange an alternative holiday, subject to availability. In such an event, your holiday cost would be adjusted to reflect the revised arrangements. In some cases it may be necessary to cancel your holiday completely, in which case you will receive a full refund of all monies paid to us. Situations can and do change with very little warning. If you wish to seek reassurance at any time please call the Foreign and Commonwealth Office Travel Advice Unit on 0207 0080232, or visit their web site www.fco.gov.uk or contact ourselves. Updated information is also available on Ceefax page 470. |
| Fellow travellers |
| Whilst we can appreciate that other travellers may, on occasion, not act entirely as we would wish, we regret that we cannot be responsible for any inconvenience or loss incurred as a result of their behaviour. Some hotels may be accommodating group parties or providing entertainment/facilities for private functions during your holiday and this may restrict availability of certain facilities to hotel residents for a period of time. If we incur costs or claims from other travellers about you, we reserve the right to claim against you. |
| Data protection policy |
| In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we, and your travel agent, need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper 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 supplied 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 Areas (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 on to 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 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). Please note that where information is held by your travel agent, this is subject to your agents own data protection policy. Your data controller is Welcome Abroad. You are entitled to a copy of your information held by us. If you would like to see this, please contact us. |
| 1. Booking procedure |
| a) Once you have chosen your holiday, you should complete a booking form and send it to us or pass it to your travel agent to keep on record. (b) Bookings will only be accepted from an adult member of the party. We are entitled to assume that the person making the booking has been authorised to do so by the other passengers, and so accepts this agreement on behalf of every member of the party.We accept responsibility for services which form part of the contract. Should you have any special requests, which do not form part of the contracted services, they must be advised to us in writing as your booking is being made.We will be pleased to advise the hotel or carrier of your requests however we cannot guarantee they will be met. Any special requests, which have been advised to us, will be shown on your confirmation. Should there be any additional costs involved then payment should be made locally unless otherwise advised. Please note any special requests advised after the booking has been confirmed may incur an administration fee. (c) When we receive your payment (or deposit) we will then send a confirmation invoice to you or your travel agent. When we issue the invoice (but not before) a contract comes into force between us on the basis of the essential information and booking agreement. Please contact us, or your travel agent, if you have not received your invoice within ten working days of making your booking. (d) For Advance Registrations (which will be clearly detailed on the invoice) where we cannot confirm all components of the booking at the time of issue, we will endeavour to do so as soon as possible. Should we be unable to confirm any components you may opt to accept revised alternatives with any applicable price adjustments or receive an immediate refund of any monies paid. |
| 2. Deposit and final payments |
| (a) Unless you book 12 weeks or less before your departure date, you must pay us a deposit as follows: A minimum of £150 (or £250.00 for Tours) per person. Stopovers/accommodation only bookings £50 per person. Plus insurance if you are taking our recommended cover. - the balance of the holiday price so as to reach us no later than 12 weeks before your 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. If you book 12 weeks or less before the departure date, you must pay for your holiday in full when booking. Monies paid in order to action a request for additional accommodation or flights, in particular within 12 weeks of departure, constitute a commitment to proceed with the booking if your request is fulfilled and such monies cannot be refunded unless your request cannot be fulfilled. (b) If you pay the travel agent who booked your holiday for you, this is the same as payment to us. |
| 3. The holiday price |
| Whilst we reserve the right to change published prices and special offers at any time, once you have booked your holiday and paid the appropriate payment on booking, the price of your holiday as shown on your invoice is guaranteed, and will not change unless you alter your booking. A charge may be made for tickets collected at the airport. |
| 4. Alteration or cancellation of booking by you |
| (a) If you request any alteration to your holiday after we have sent your invoice, we will do our best to meet your request, but it may not always be possible. Requests for alterations must be made in writing by the person who made the booking or your travel agent. A charge of £25 per person will be made. In addition, you will be liable to pay any applicable increase to the holiday price and any other costs we incur in making the alteration. You should be aware that these costs could increase the closer to the departure date that changes are made. An ‘alteration' is deemed to be a correction or an enhancement to the existing holiday. If you request major changes to your holiday (this includes, for example, changing dates of travel, substituting destinations or any other changes which alter significantly the original holiday) this will be termed a cancellation and charges as per section 4 (c) will apply. (b) If you alter any arrangements during your holiday (for example, checkingout of the hotel early or returning a hire car early) we will not be liable for any expenses you incur, nor obliged to refund any payment for unused accommodation or services. (c) If you or any member of your party wishes to cancel the holiday for any reason, you must inform us by letter from the person who made the booking or from your travel agent.We will charge cancellation fees up to the maximum shown in the table below (which may in some circumstances be covered by insurance). If one member of the party wishes to cancel, this may mean that the accommodation booked will be underoccupied and will result in the remaining passengers having to pay any applicable supplements to retain the booking eg changing a twin room to a single room. The person who cancels will still remain liable to pay cancellation charges as per the scale below. No of days before departure when we receive your cancellation - Amount of cancellation charges expressed as a percentage of the holiday price (excluding insurance) More than 70 days Deposit only 69 - 50 days 30% (or deposit if greater) 49 - 30 days 70% (or deposit if greater) Less than 29 days 100% (d) If you are prevented from taking your holiday you may transfer your booking to someone who could have booked the holiday originally, subject to the approval of all interested suppliers. You must give us reasonable notice before the departure date to enable us to change airline bookings, etc - this normally requires 21 days notice. A transfer fee of £25 per person will be charged, plus any additional costs we incur. If you transfer the booking before paying the balance of the price, you will remain liable to pay it (and our transfer fees) if the transferee fails to do so. Some airlines restrict or do not permit the facility to change names on bookings and it may therefore not be possible to transfer your booking. In this case, your booking will be treated as a cancellation and you will be liable to pay cancellation charges as detailed above. |
| 5. Alteration or cancellation of booking by us |
| (a) Although we make every reasonable effort to avoid doing so, occasionally we may have to alter your holiday arrangements and we reserve the right to do so at any time. If we have to make a significant alteration, we will inform you as soon as reasonably possible, and we will give you the choice of accepting the altered arrangements with any consequential price adjustments, or having a full refund of your money. Examples of "significant alterations" include changes to your UK or end destination airport, your resort area or having to offer accommodation of a lower official classification. Examples of "minor" changes are changes to aircraft type or the operating airline, changes to routes (via points), time changes of less than 12 hours and changes of accommodation to another of the same standard and such changes are not deemed to be significant. (b) If an alteration is forced on us by force majeure (which is explained in Condition 11) no compensation is payable. In other cases, if we make a significant alteration for any other reason we will offer you compensation in accordance with the table below. No of days before departure - Compensation per person More than 70 days nil 69 – 41 days £10 40 – 22 days £20 21 – 08 days £30 Less than 07 days £40 (c) In exceptional cases, we may have to cancel your holiday. If so, we will inform you as soon as we can, and we will offer you (if possible) an alternative holiday with any consequential price adjustments or a full refund of your money. This does not apply if the holiday is cancelled through your own fault. (d) If the cancellation is forced on us by force majeure, no compensation is payable. If we cancel your holiday for any other reason (not your fault), we will pay you compensation in accordance with the table above. |
| 6. Travel schedules and delays |
| (a) When you book your holiday we will give you the best information we have then about your travel dates, time, routing, carrier and aircraft type. However carriers can and do change dates, times and routing at very short notice and we cannot control these changes. When such changes are made, we will do our best to help you make arrangements to minimise inconvenience to you. If we have to notify you in advance of travel timing changes to your initial departure flight of more than 12 hours, (and if there is time to do so before departure) you may choose to cancel your holiday and receive a full refund and, save where the change is for reasons of force majeure, you will have a right to compensation. Travel timing changes of two hours and less will be indicated on travel documentation when issued. (b) Transport may also be cancelled due to bad weather, technical problems or force majeure. Except where this leads to a significant alteration to contracted services, we will not be liable for any loss or expense incurred in such cases, nor obliged to refund any payment for unused accommodation or services at your destination. Where we have a representative present, we will always try to help you to make appropriate arrangements for meals and/or accommodation if your transport is delayed; you will have to pay for any such services. However, if you have purchased holiday insurance, you may find that it will pay certain benefits in the event of delays. |
| 7. Our liability |
| (a) We do our best to ensure that your holiday arrangements are supplied as described in our brochure.We accept responsibility for the proper performance of the services we have contracted to provide and if they are not provided to a reasonable standard (in compliance with local authority minimum standards) due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation. Except in the case of damage resulting in death or injury, we reserve the right to limit our liability to twice the cost of the holiday which we have contracted to provide. Our legal liability to you and your party is excluded or limited in certain circumstances, in accordance with Condition 7 and the following provisions of this Condition. (b) The legal obligations and liabilities of carriers and hotel keepers (even in cases of death or injury) are limited by international agreements. Our liability to you will be limited in the manner provided by the relevant convention, so that our liability is no greater than that of the carrier or hotel keeper concerned . Details of the relevant conditions can be provided on request. (c) All airlines and other carriers have their own conditions of carriage, defining their obligations and liabilities, and these will apply to you and your party. Copies of these are available on request. Again, our liability to you will be limited to the same extent. Please note passengers who appear to be under the influence of drink or drugs may be refused entry to aircraft. (d) We will not be liable to you or your party for the improper performance of services provided to you under our contract, which - is due to your fault, or the fault of any member of your party, or - is caused by a third party not contracted by us to provide services, and is unforeseeable and unavoidable, or - is caused by force majeure. (e) Where relevant, our brochure contains general information on passport and visa requirements, and known health formalities required. However, it is your responsibility to ensure that you and your party hold valid passports, if required, and any necessary visas. It is also your responsibility to ensure that you and your party comply with any compulsory health requirements or recommended precautions before departure. Your family doctor can advise on these. It is your responsibility to ensure you treat the property of our suppliers with respect. Failure to do so will result in you becoming liable for any costs involved in rectifying items or facilities which have been treated improperly. (f) We accept responsibility (as limited by the previous sections of this clause) for the holiday sold to you and detailed on your confirmation.We do not accept liability for any excursions or items which you purchase locally from our representatives, agents or sub-agents, which do not form part of the prearranged holiday package. |
| 8. Assistance by us |
| If you or a member of your party suffers illness, injury or death arising out of an activity which does not form part of your package travel arrangements, we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves.We limit the cost of our assistance to you or any member of your party to £5,000. |
| 9. Complaints |
| (a) We appreciate that, in spite of our care, problems can arise. If you have any complaint about any aspect of your holiday, you must report it to the supplier involved and us, at the earliest opportunity. This will mean reporting itto the hotel management and our local representative (or our Head Office in the UK) whilst you are in resort. Immediate reporting is essential to give us the chance to put matters right, and to minimise the disturbance to your holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Should you feel matters have not been satisfactorily resolved for you locally, please follow this up in writing to our Customer Relations Department within 28 days of your return to the UK. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. (b) Disputes arising out of or in connection with our contract which cannot be amicably settled between us may be referred to arbitration (if you wish) under a special scheme which, although devised by arrangement with the Association of British Travel Agents, is administered independently by the Chartered Institute of Arbitrators. This scheme provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on you in respect of costs. Full details will be supplied 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 form. There is a limit of £1,000 for minor injury or illness claims. The rules of the scheme provide that an application for arbitration must be made within 9 months of the date of return from holiday. Outside this time limit arbitration under the scheme may still be available if we agree, but we are not obliged to do so. |
| 10. Meaning of “force majeure” |
| Where we use it in this agreement, "force majeure" means any unusual and unforeseen circumstances or events and any consequences of these, which neither we, our employees, agents or suppliers could have forseen or forstalled even with all due care. It includes, for example, war or threat of war, riot, civil strife, industrial dispute, terrorist action or threat of terrorist action, natural or nuclear disaster, fire and adverse weather conditions. |
| 11. Applicable law |
| This contract is made on the terms of this agreement, which are governed by English Law, and the jurisdiction of the English courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. The Terms & Conditions of the Principal will apply to your booking and Oriental Panorama Ltd advises you to read these carefully as they do contain important information about your booking. Please call 08456 800 818 for copies of these if you do not have them. ONCE YOU CONFIRM YOUR HOLIDAY OR FLIGHT: YOU WILL BE SUBJECT TO CHARGES SHOULD YOU WISH TO CHANGE OR CANCEL YOUR TRAVEL ARRANGEMENTS: |
