When you buy an ATOL protected air holiday package from us (Active Away Ltd) you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number [9393]. 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
The price of our air holiday packages includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
So that there is no misunderstanding, please read the following booking conditions carefully, as these will apply to any booking you make with us.
1.
Making A Booking
This should be accompanied by a completed booking
form and the relevant deposit for each passenger. Bookings made within eight
weeks of departure must be accompanied by full payment.
Deposits are
non-refundable and non-transferable. Last minute bookings (Especially those made
by telephone) should be followed by a booking form if possible. Should no
booking form be received, reservations will be deemed to be subject to these
booking conditions. The minimum age to make a booking is 18.
Please note
the minimum age to hire cars abroad varies from 21 to 26. Bookings may not be
transferred to passengers substituted without the appropriate cancellation or
amendment charges being levied.
2. On receipt of your
deposit
We make the necessary reservation and your deposit is
accepted in part payment of the agreed cost of the booking and is credited to
your account.
The contract exists between us after you have received a
confirmation invoice, normally within 7 days, which should be checked and
queried if not in order. We shall not be liable if any of the information is
incorrect if you have not notified us within 7 days of receipt.
A final
confirmation including your flight, accommodation and sporting details will be
sent out to you two to three weeks prior to departure. Please check these again
carefully as timings can vary. However, if any changes we will make every effort
to ensure you are informed before this stage.
3. If You
Alter You're Booking
Any minor amendments, which do not involve a
change of departure date or accommodation, but which do require a new
confirmation invoice; will incur a standard administration fee of £15.
Any changes of passengers within a party are subject to forfeiture of
deposits, at our discretion. Any amendments that involve a change of flight
departure/return dates may be treated as a cancellation.
4. When you pay the balance
The balance of your booking is
set out on your invoice and should be paid 8 weeks before departure. No reminder
will be sent.
If the full balance is not paid by the said date, we
reserve the right to cancel the booking without notice, retain the deposit and
seek reimbursement for any additional loss we have incurred.
5. If you are forced to cancel your booking
You or any
member of your party may cancel your booking, or part of it, once it has been
confirmed, but the instructions will only be valid in writing.
Your
written instructions should be sent to us at our address. To compensate us for
the expense of processing your booking and for the risk that we may not be able
to re-sell the holiday, we charge a cancellation fee on the scale shown below.
The amount payable depends on when we receive your written instructions.
Subject to the nature of the cancellation, you may be able to claim against your
Holiday insurance.
Cancellation Charges
Period before scheduled Amount of cancellation charge Departure where
written (shown as % of the total holiday Instructions are received by price)
More than 55 days Deposit
55 - 29 days 50% or deposit if greater
28 - 15 days 75% or deposit if greater
14 - 7 days hours 90% or deposit
if greater
7 days or less 100% (Including 'no show' or leaving early.)
Cancellation of individual passengers within a party, in addition to
Attracting cancellation charges, may also mean re-invoicing of the remaining
passengers at brochure prices for the new party size.
Flight
cancellations are subject to flight operators (with whom your flights are
booked) Terms and Conditions.
6. If we change your
holiday
We plan the arrangements for our holidays many months in
advance and though it is unlikely that we will have to make any Changes to
confirmed arrangements, it does occasionally happen. We reserve the right to
make such changes at any time. Most changes are of a minor nature and we will
advise you as soon as possible before your departure. Sometimes major changes
are necessary to your flight or your accommodation. Major changes include the
following:
(i) Change of UK departure airport
(ii) Change from a day
flight to a night flight
(iii) Change of your time of departure or return by
more than 12 hours If we have to make a major change to your holiday you may
either
(a) accept the changed arrangements or
(b) purchase another
available holiday from us at the advertised price or
(c) cancel your
holiday.
If you choose either (a) or (b) you will also be offered a
credit towards the costs of your holiday as shown below:
Changes more
than 56 days before departure - nil (ii)
Changes between 55 - 13 days before
departure - £10.00 per person excluding infants (iii)
Changes less than 14
days before departure - £15 per person excluding infants
If you choose
(c) we will refund all monies paid. In the unlikely event of insufficient
numbers, which, in our opinion, make the holiday non viable, we reserve the
right to cancel your booking, subject to us reimbursing all deposits paid and
offering you an alternative holiday.
IMPORTANT NOTE -
Compensation will not be payable if we are forced to cancel, (whether before or
during your stay abroad) or in any other way change your holiday arising from
force majeure such as war, threat of war, riots, civil strife, strikes, natural
disasters, terrorist activity, natural or nuclear disaster, fire, airport
closures, quarantine, epidemics, adverse weather conditions, government action;
nor does it apply to a flight delay since flight delay cover is automatically
covered in our insurance, which we strongly advise you to take.
7. If we cancel your booking
We reserve the right, in any
circumstances, to cancel your holiday. However, in no case will we cancel your
holiday less than 8 weeks before the scheduled departure date except for the
reasons detailed in condition (6). If we do cancel your holiday in accordance
with this condition we will return to you all monies paid, or offer you an
alternative holiday of comparable standard but we will have no further
liability.
8. Misbehaviour
We reserve the
right at our absolute discretion to terminate without notice the holiday
arrangements of any customer whose behaviour is such that it is likely in our
opinion to cause distress, damage, danger or annoyance to our customers,
employees, property, or to any third party.
Should any passenger be
prevented from travelling, because in the opinion of any person in authority,
they appear to be unfit to travel, or likely to cause disturbance to other
passengers, then our responsibility for their holiday thereupon ceases.
Full cancellation charges will apply and we will be under no obligation
whatsoever to provide a refund or compensation for costs which may be incurred.
Active Away has no control over the behaviour of persons staying at, or
visiting, your holiday accommodation and is not responsible for any withdrawal,
or impairment of facilities, or other loss of damage caused by them. |
9. Flight check-in times
Active Away Ltd will not be
responsible in any way if you arrive late for the specified check-in time, or
you arrive late for the flight.
It is imperative and a strict condition
of booking that you reconfirm both your outbound and your inbound flight with
us, or the specific carrier, at least 48 hours prior to your departure. We can
accept no liability for clients who fail to comply with this instruction and due
to a flight change misses their flight.
The times quoted on your
documentation are local times and it is important that passengers check in at
least 2 hours before the flight departure time.
10.
Passports and Visas
Please check that your passport is valid for the
entire duration of your holiday with the appropriate Embassy. A standard British
Passport is required, valid for at least 6 months beyond your planned return
date. If you are not a British passport holder you may require a visa - please
check before booking your holiday.
All passports, visa, travel
insurance, health certificate requirements and foreign advice are your
responsibility. Active Away Ltd accept no responsibility for any delay or
expenses incurred through any irregularity in your documents.
In the
event that we are asked to re-issue tickets that have been lost, destroyed or
stolen and we agree to do so, we reserve the right to charge £30 per ticket.
11. Breach of Infant ruling
Civil Aviation
Regulations state that children of 2 years and over (on the date of travel) must
occupy their own seat and are therefore fare paying passengers.
Passports are not automatically checked at UK departure airports for
infant's date of birth and penalties could be up to £1,000 for attempting to
pass children over 2 years old as infants.
12.
Insurance
We strongly recommend our clients to take out holiday
insurance. This, amongst other benefits, will provide cover in the event of
cancellations or curtailment due to injury. Injuries do occur from time to time
in sport and we do not want our clients to lose out financially because of them.
13. Accommodation
Some of the villas and
apartments at the resorts featured are privately owned. Owners rent their
properties direct, or via Management Companies, with whom the owners and our
company have agreements.
Inevitably owners have individual preferences
with regard to appliances and décor, etc. over which neither the Management
Companies nor we have control. When we rent accommodation from a Management
Company on your behalf, our Client, we adhere to the agreement we have with the
said Company.
In the unlikely event of any problems or complaints with
regard to the cleanliness and maintenance of the rented property, the property
Management Company represents us in this capacity.
14.
Resort Development and Maintenance
At certain times during the year
it is necessary for maintenance to take place on Golf courses, Tennis courts,
Squash courts, Bowls and other facilities on the Resorts.
We cannot be
held responsible for any maintenance or emergency work that may be necessary to
any of these facilities at the time of your visit. Neither can we be held
responsible for any building improvements or renovation on the Resorts in the
vicinity of your accommodation.
15.
Electricity/Water/Environmental Conditions
Limited rainfall and
climatic fluctuations can often affect the supply of water and electricity,
which may result in cuts - these are usually of a short duration and you are
asked to be tolerant. In hot climates please be prepared to encounter the
indigenous environmental conditions, e.g. insects.
The water supplies on
the resorts are suitable for consumption after boiling, but we recommend bottled
water for drinking.
16. Our Responsibility
You
will appreciate that many people and companies over who Active Away Ltd has no
control are involved in the planning and provisions of your holiday.
Active Away has taken all reasonable steps to ensure that the supplier
of services provided, are of an acceptable standard.
We will accept
responsibility for the proven negligent acts and/or omissions of our employees
and agents whilst acting within the scope of or arising as a result of death,
bodily injury or illness to you or any member of your party.
You should note:
Liability will only
be accepted if you can prove that the death, injury or illness was caused by the
negligence of Active Away Ltd, its servants or agents.
No Liability can
be accepted for any negligent acts or omissions of air or sea carriers, whose
responsibilities are governed by international convention, which may limit or
exclude liability.
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
holiday arrangements.
We shall not be responsible in the event that any
named host coach is not available as a consequence of injury, illness or any
other reason beyond our control.
17. If you have a
problem
In the unlikely event of there being something not to your
liking whilst you are on a holiday that is in our direct control, you must
report it immediately. Unless there is a valid reason why you fail to report
your complaint to us then we will not consider ourselves to be liable in respect
of complaints, which were not registered.
If the matter cannot be
rectified immediately, details of your complaint should be submitted to our
office in the UK no later than 28 days after your date of return, in writing. We
will not accept liability in respect of claims received outside this period.
18. Sports Programmes
We do not accept any
responsibility in the event of inclement weather to the Sports programmes, which
may need to be rearranged. Every effort will be made to make up lost hours but
this cannot be guaranteed.
Our Clients freely accept the risk that
weather conditions may affect in whole or part the number of hours to be
provided.
Tennis, Golf, Water sports and other sports centres at all our
Resorts reserve the right to cancel or revise published programmes and events at
their discretion.
Updated 11/11/08
BOOKING CONDITIONS
Active Away Ltd,
David Lloyd
Riverside Road
Pride Park
Derby
DE24 8HY
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