activ4 Terms and Conditions
When you book travel arrangements, a contract is made when we confirm your booking. Your contract is with UK Premier Leisure Ltd trading as activ4, ATOL 6175. These are the conditions of your agreement. Please read them carefully before you book.
YOUR FINANCIAL SECURITY
We have an Air Travel Organisers Licence (ATOL 6175) issued by the Civil Aviation Authority and are members of the Association of British Travel Agents (ABTA W9487) with whom we have arranged a substantial bond.
WHAT DO YOU GET FOR YOUR MONEY?
The individual quote form from which you are booking clearly states all that is included and the additional costs which are your responsibility. If at any stage you require clarification of what you are receiving for your money, please ask. No additions, deletions, changes or promises may be made relating to this agreement save in writing by a Director of the Company.
IF WE CHANGE YOUR TRAVEL ARRANGEMENETS BEFORE YOU LEAVE
Most brochures and quotes are produced many months before the actual tour so changes may need to be made to the information contained therein. Sometimes, after you have made your booking, we may have to alter some arrangements. Most changes will be of a minor nature and have little effect on your tour. We will inform you of such changes as soon as possible before departure but we have no other liability to you. If we have to make a significant change, e.g. alter your departure date by more than 12hours, we will notify you as soon as possible and you may then either a) accept the change and the contract between us will be varied to incorporate the change or b) withdraw from the booking completely in which case we will refund all monies to you. If you were to choose a) you would also receive a credit to your account of £30 per full fare paying passenger as compensation. It has been experienced during our years in business that changes are forced on us by unforeseen circumstances which are completely beyond our control and which could not have been avoided by the exercise of due care. We will ensure that any consequent modifications to your tour are kept to an absolute minimum. In the case of Tours involving fixtures, should we be forced to change aspects of your tour due to the non-availability of suitable fixtures or itemised inclusions, or for example the revision of hosts' domestic arrangements that may entail alterations, we reserve the right to make such changes, as we deem necessary. You will not be entitled to compensation.
FORCE MAJEURE
We cannot accept any liability for any cancellation/delay whether it is caused by adverse weather conditions, acts of god, such as earthquakes, re-scheduling of times, airport authorities and/or action of air traffic controllers, mechanical breakdown, strike or industrial action or otherwise. You may be entitled to make a claim under an insurance policy.
IF WE CANCEL YOUR TOUR
We reserve the right in any circumstance to cancel your tour. In the event of our cancellation, we will refund you all the money you have paid us. In no case will your tour be cancelled prior to the scheduled departure date unless due to unusual or unforeseeable circumstances beyond our control and which could not have been avoided by the exercise of all due care. In the case of playing tours this could include where suitable fixtures or venues are not available
SURCHARGES
Changes in transportation costs, including fuel taxes, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean the price of your travel arrangements may change after you have booked. If your tour requires a minimum number of participants in order to sustain a price, this will be clearly stated on your printed details. When you are travelling in a group, in addition to re-assessing exchange rates, the price may vary if the contents of the tour change from the original presentation, e.g., numbers travelling, number of nights in hotel accommodation, etc. Approx.10 weeks before departure we will ask the tour manager to confirm final numbers and agree the cost.
HOW DO YOU BOOK AND PAY FOR YOUR TOUR?
You must first decide which tour you wish to take. You then complete the appropriate booking form and send it to us together with the required initial deposit. Two further deposits will be required, one after 30 days following the booking confirmation and one after 60 days. Each amount paid will be credited to your account. When you book travel arrangements with us, our contract with you takes effect when you receive our written confirmation of your booking. Once the contract is made, we are responsible to provide you with the tour you have requested and you are responsible to pay for it in full by the specified date. UK Premier Leisure Ltd reserves the right to charge interest on late payments. Interest will be calculated according to relevant bank interest rates on the date at which the payment falls due. In cases of continued late payment UK Premier Leisure reserves the right to cancel the tour. With parties of two or more people, the person who makes the booking by signing the booking form, or otherwise contracting with us, accepts responsibility for making all payments to us for all members of the party and for the proper conduct of himself/herself and the party on tour. If the booking is made within 10 weeks of departure, full payment must be made at the time of booking. Otherwise, the balance is due no later than 56 days prior to departure. If the balance is not received by the due date, we reserve the right to cancel the tour and levy cancellations charges as outlined below.
IF YOU WANT TO CHANGE YOUR BOOKING
If you want to change your booking, you must do so in writing. We will try to help you but cannot guarantee that we will be able to do so as changes are subject to availability. We reserve the right to charge for name changes, this cost will vary depending on the charge we incur from our suppliers. If you are booked on a group tour, you obtain the advantages of travelling as part of that group, but you must normally travel out and back with the group. However, we will allow a degree of flexibility based upon your individual requirements. To cover the extra administration of such an event, we will levy a charge of £10 per individual request together with additional airfares levied on us by the airlines. It should also be noted that a reduction in the numbers travelling in the group from those originally booked with a deposit may have an effect on the overall price per person. In the first instance, the tour price will be re-calculated for the new party size. If the change means an increase in the price per person for the remaining passengers, this increase is not recoverable under the cancellation section of our holiday insurance
OUR RESPONSIBILITY TO YOU
We will have taken all reasonable steps to ensure that proper arrangements have been made for your tour; that the suppliers of the various services which will be provided to you as part of the inclusive tour are efficient, safe and reputable businesses and that they comply with the local and national laws and regulations of the country in which they provide those services. We accept full liability for the proper performance of our obligations under our agreement with you for the provision of your tour. We accept responsibility for the proven negligent acts and/or omissions of our employees and agents and our suppliers and sub-contractors, servants and/or agents whilst acting within the scope of/or in the course of their employment in respect of claims arising as a result of death, bodily injury or illness to you or any member of your party. If you or any member of your party suffers damage by our failure to perform properly our agreement with you for the provision of your tour we accept liability, except in the following circumstances:
(a) If the failure/improper performance is your fault/the fault of any member of your party
(b) If the failure is the fault of someone else not connected with the provision
of the services which make up the tour which we have confirmed to you
(c) Any unusual and unforeseeable circumstance beyond our control, the consequences of which could not have been avoided even if all due care had been anticipated;
(d) Any event which we, or the supplier of any service, even with all due care could not foresee or forestall.
We shall offer prompt general assistance to you if you suffer any difficulty, illness, personal injury or death during your tour with us and arising out of an activity that neither forms part of the tour we have confirmed, nor sightseeing booked through us, but only where appropriate and always subject ot our reasonable discretion. We cannot accept any liability for loss, damage or expense resulting from war or terrorist activities threatened or actual, civil unrest, closure of airports, industrial action, threatened or actual or any event outside our control where such events delay, extend or compel a change in tour arrangements. We may, subject to reasonable discretion, and provided that it is requested within 90 days of the occurrence of the mishap, either as part of the general assistance referred to in the previous article, or to meet the initial legal costs associated with any legal action undertaken by you (provided you have obtained our prior agreement to that legal action) provide you with financial assistance. This would be limited to £5,000 per booking and may be provided as a loan if you have appropriate insurance cover already, or if there is a claim for costs against any third party. The only limitations on our acceptance of liability set out above are, except in cases of personal injury, that our liability will not be more than twice the price of the tour of the person making the claim against us; and our liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified by or applied in the United Kingdom and Ireland, or any event which we, or the supplier of any service, even with all due care could not foresee or forestall.
DESCRIPTION
The descriptions of our suppliers' facilities are those provided to us by them and/or by their/our agents. It may happen that in the fullness of time, these facilities are altered. Our responsibility is clearly covered under the paragraph "Our Responsibility to You".
IF YOU CANCEL
We start to incur costs for your tour from the time we forward you confirmation. So if you cancel, we have to make a charge and the later the cancellation, the greater the charge will be. All cancellations must be made in writing and the cancellation takes effect on the day the written notice is received by us. Cancellation charges will be calculated as set out in the table below and will be notified to you by invoice within 2 weeks of cancellation. If one or more members of your party cancel, this may mean that the holiday price of the remaining members may be increased to reflect this.
IF YOU HAVE A PROBLEM
If you have a problem while you are away, you must report it to your activ4 representative or our local agent/supplier and confirm it in writing to them with a copy sent to us. They will do their best to resolve the problem to your satisfaction on the spot. Unless there is a valid reason why you failed to report it in resort, we will not consider ourselves to be liable for those complaints. On your return to the UK , if you wish to pursue your complaint, we will require full details of your complaint in writing together with a copy of any reports written to suppliers. This must be sent to our Head Office within 28 days of your return. The sooner you contact us, the quicker we can action your complaint.
BEHAVIOUR
We reserve the right in our absolute discretion to terminate without notice the travel arrangements of any customer whose behaviour is such that it is likely in our opinion or in that of the airline pilot, bus driver, hotelier or accommodation owner or manager or any other person in authority to cause distress, damage, danger or annoyance to other customers, employees or any other third party. We shall be under no liability to pay any refund or compensation to or costs incurred by, any person whose behaviour is thus unacceptable. In addition, you agree to indemnify us fully against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation or the operator of such flight or other means of transportation, on behalf of the owners of such accommodation or the operator of such flight or other means of transportation.
JURISDICTION
The contract arising from any confirmed tour is to be interpreted under, and is subject to, the laws of the United Kingdom & Ireland . We both agree to submit any dispute or claim to the English Courts (if you live in England or Wales ), the Scottish Courts (if you live in Scotland ) or Ireland (if you live in Ireland)
Period before departure within which written notification received by us
Cancellation charge, including deposit paid as a percentage of the total price
More than 70 days - Deposit only
22-69 days - 75% of the cost
0-21 days - 100% of the cost
DISABILITY AND ACCESSIBILITY
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. Please advise any special dietary requirements when submitting your final numbers. For the visually impaired, please contact us if you reuire a copy of the brochure of our Terms and Conditions in large print.
E & O E
activ4, 16 Longbow Professional Centre, Shrewsbury , Shropshire . SY1 3GZ Tel: 0870 2406348
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