Terms and Conditions Prior to confirming your booking we urge you to read these booking conditions thoroughly. The information in these booking conditions explains the responsibilities and obligations undertaken by all parties when booking. Your holiday contract is with Diamond Shortbreak Holidays Limited of Anson House, Compass Point, Northampton Road, Market Harborough, Leicestershire, LE16 9HW, registered company number 3546467. 1. Making a booking All bookings are accepted subject to our booking conditions and the party leader warrants that he/she has the authority of all persons in the party to make the booking on their behalf and that he/she is responsible for any cancellation charges. Once we have received your signed booking form and all appropriate payments (referred to under "Payment" below), we will, subject to availability, confirm your holiday by issuing a confirmation invoice and forwarding it to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so, unless the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits. 2. Payment In order to confirm your chosen holiday, you must pay us a deposit and any applicable insurance premiums as set out on our booking form at the time of booking (or full payment if booking within 4 weeks of departure). The deposit is your only commitment to us until the final payment is due which must be paid no later than 4 weeks before departure. If you do not pay in full and on time we are entitled to assume that you wish to cancel your booking in which case you are liable to pay cancellation charges according to the scale set out below. Please Note: NO REMINDER WILL BE SENT. We reserve the right to increase our advertised prices at any time prior to your booking. Any increase will be advised to you at the time of booking. For cheque payments that are unable to be cleared by our bank an additional charge of £5.00 per unpaid cheque will be levied to your booking. Personal cheques can not be accepted if booking/paying within 10 working days. When you accept these conditions it is deemed that they are accepted by yourself and all members of your party. 3. Your Contract A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with under the ABTA Arbitration Scheme (see clause 6) or by the Courts of England and Wales only. 4. If You Alter Your Holiday Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. We charge an amendment fee of £10 for each alteration, plus any charges incurred by us or incurred or levied by our suppliers. 5. If You Cancel Your Holiday In the event of a cancellation, we must be notified in writing by the person who signed the booking form. This should be sent to us by recorded or registered post. In order to compensate our expenditure, we charge a cancellation fee in accordance with the following scale. Days notice prior Cancellation charge to departure date % of holiday price More than 28 Deposit 28 - 22 50% 21 - 15 75% 0 - 14 100% If you have purchased insurance you may be able to make a claim on your holiday insurance if the reason for cancellation falls within the terms of the policy. Claims must be made to the insurance company direct. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified in writing not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us or imposed by any of our suppliers as a result together with an amendment fee of £20 per person must be paid before the transfer can be effected. 6. If You Have A Complaint If you have a problem during your holiday, you MUST report the matter to the driver or our representative and the supplier of the services in question IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report (form available from our driver or tour manager) and follow up your complaint in writing within 28 days of your return, including a copy of the original report form. If you do not follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem for you. Complaints are normally settled amicably in a short time, however disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by the Association of British Travel Agents 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). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely 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 of £1000 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 9 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement. 7. Our Price The price of your holiday is fully guaranteed and will not be subject to any surcharges. 8. If We Change Or Cancel Your Holiday We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. However, we will not cancel your confirmed booking after your balance due date unless you are in breach of contract (such as paying on time) or for reasons outside our control or "force majeure". Most changes are minor. Occasionally, we have to make a "significant change", which is a change made before departure which, taking account of the information you give us at the time of booking, we can reasonably expect to have a major affect on your holiday. "Significant changes" include the following changes when made before departure; a change to a lower quality of a main hotel, a change of accommodation area which adversely affects the operation of the itinerary, a tour itinerary changes involving a destination being eliminated. We will tell you of the change as soon as possible, if there is time to do so before departure, we will offer you the choice of the following options: 1) accepting the changed arrangements, 2) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference), 3) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we make a significant change, we will pay you the compensation set out below, unless we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. *Period before departure a significant change or cancellation is notified to you (excluding any supplements) Compensation payable More than 28 days Nil 15-28 days 5% as a percentage of the basic holiday cost 0-14 days 10% as a percentage of the basic holiday cost In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes. Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. 9. Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 18(1)) below) as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 10. Our Insurance Cover For your own protection we recommend adequate travel insurance is taken out at time of booking. For holidays abroad we insist on it. If you do not wish us to purchase our insurance, you must insert the names of your alternative insurers on the booking form. If you fail to do so we will automatically add the premiums for our insurance to our invoice. Cover will not be effective until and premiums are paid. Any alternative insurance must be at least as comprehensive as ours and contain all sections (including travel delay). We strongly recommend you take out Diamond Holidays insurance policy and you take the policy with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies. 11. Coaches When you contact us to make a booking we act as agent for the relevant carriers which will be disclosed on your final joining instructions. We reserve the right to substitute the carrier if necessary. Your coach will be modern comfortable and manned by experienced driver(s). Almost all coaches we use (particularly those on longer journeys) have video, toilet, drinks' machine etc for your greater comfort. Coaches used on airport/port transfer, shorter weekend trips, etc, do not always have these extra facilities but will still be comfortable. By request of our previous passengers we do not allow alcohol or smoking on board our coaches. 12.Delays In the event of a delay to the departure of your tour we will do our best to keep you informed. Should a delay exceed 4 hours either the carrier or ourselves will provide meals at mealtimes and, if appropriate overnight accommodation where possible. We will make every effort to ensure that your coach will be to the standard described in the brochure. However, we cannot accept any claims from passengers if a different vehicle is used for an emergency replacement. 13.Travel Arrangements Seats are allocated prior to departure and take into account, as far as possible, when your booking was made and any preferences requested. Once allocated, these seats are reserved for the duration of the holiday. Please note any timings given are provisional and for guidance purposes only and are subject to change. Final timings and seat numbers will be advised with your travel documents approximately 7 to 10 days prior to departure. On occasion departure points may be included in addition to those listed in the brochure. On some occasions taxis or minibuses may be used for part of the journey. 14.Safety Standards Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. 15.Special Requests And Medical Conditions If you have a request, you must advise us at the time of booking and clearly note it on your booking form. Although we will try to pass any reasonable requests onto the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special requests will not be a breach of contract on our part. We regret we cannot accept any booking, which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests. If you or a member of your party has any medical problem or disability which may affect your booking, please tell us before you book so that we can advise as to the suitability of the holiday. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to accommodate the needs of the person concerned, or if we feel that a potential or actual passenger may prejudice the enjoyment of other travellers, we reserve the right to decline or cancel their reservation. 16.Luggage Allowance As space is limited we ask that you restrict luggage to one medium sized suitcase per person, plus light hand luggage. 17.Hotel Accommodation Unless otherwise stated, our holiday prices are per person and based upon the shared occupancy of twin or double bedded rooms. Single rooms are in limited supply and are often smaller in size to twin/double bedded rooms. Where there is a supplementary charge for single rooms, details are given on the booking form. En suite facilities designate rooms with private bathroom equipped with either bath or shower and WC. On holidays including half-board (dinner and breakfast) meal arrangements, dinners will normally be based on a set menu unless otherwise stated. Please note that hotel ratings used in the brochure refer to local classifications. Grading systems vary from country to country and cannot be compared. As far as possible we will use the hotel stated in the brochure. Occasionally it may be necessary to use an alternative hotel of equal standard and you will be advised at the earliest opportunity. The term 'hotel' includes motels, inns and other equivalent establishments according to local classification. 18.Our Responsibility 1)We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. 2)We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: - (a) the fault of the person(s) affected or any member(s) of their party or (b)the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or (c)an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 9) (d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about in writing when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them. (3)We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions, (including money), the maximum amount we will have to pay you is £30 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see clause 18(4) below. (4)Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited to that laid down in the appropriate international conventions. (5)This clause 18 is intended to set out our obligations to you as a tour operator/organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note, we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations. (6)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 5 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. 19. Injury, illness or death not resulting from the holiday arrangements If you or any member of your party suffers illness, injury or death, through misadventure, as a result of an activity which does not form part of your contracted holiday arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you. 20. Our Brochure Please note, the information and prices shown in this brochure may have changed by the time you come to book your holiday. While every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of you chosen holiday (including the price) with us at the time of booking. This brochure is our sole responsibility. It is not issued on behalf of and does not commit any independent organization/ carriers whose services are featured in it. All timings are approximate. You will be notified of precise timings, pick-up routes, hotel name, order of excursions/ visits when you receive your tickets as they could occasionally be liable to change e.g.;- for weather and/or operational reasons. Please note: the duration of your holiday includes the days of departure and return. Any illustrations contained in this brochure do not necessarily depict your destination. 21. Financial Protection We are a member of the Association of British Travel Agents (ABTA number W0552) In the unlikely event of our insolvency, ABTA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. 22. Conditions of suppliers Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 18 (4)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. 23. Behaviour When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs as a result of your actions.)We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. 24. Data Protection In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we 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 security measures are in place to protect your information. We must pass your information to the relevant suppliers, such as transport companies and hotels. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information you give us such as details of any disabilities, or dietary/requirements. If we can not pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Diamond Holidays may contact you by mail, email or telephone with information and offers on goods and services. If you would like to see you information held by us or prefer not to receive information on our goods and services, please write to Data Controller, Diamond Holidays, Anson House, Compass Point, Northampton Road, Market Harborough, LE16 9HW. We do not rent our names and addresses to third parties for marketing activities.
Pages to are hidden for
"Terms and Conditions - Coach Holidays"Please download to view full document