Terms and Conditions - Coach Holidays by chenmeixiu


									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
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.
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.

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