Contiki Booking Conditions
ONCE CONTIKI ACCEPTS YOUR BOOKING BY CONFIRMATION THEREOF A CONTRACT IS MADE BETWEEN CONTIKI AND YOU UPON THE TERMS AND CONDITIONS SET OUT BELOW.
The following Booking Conditions, have to the extent possible, been based on the UK interpretation of the European Community Package Travel Directive.
OUR RESPONSIBILITIES
1. YOUR HOLIDAY RESERVATION
On receipt of your deposit, subject to availability and at our discretion, Contiki will reserve your place on your selected holiday. A contract is made between you and Contiki Holidays Limited (Registered in Guernsey No. 50681 (Contiki)) only upon your booking being confirmed and accepted by us and our communication thereof to you or your travel agent.
2. YOUR FINANCIAL PROTECTION
Contiki are a member of ABTA and hold ATOL Number 10144 issued by the Civil Aviation Authority, which provide for your protection in the event of our insolvency. Only bookings from countries subject to the EC Package Travel Directive will receive financial protection from ABTA & CAA. The flight inclusive holidays in the brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in the brochure. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL certificate but all parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL certificate please go to: http://www.atol.org.uk/ ATOL certificate. Any monies paid to us for non-licensable products (accommodation and packages which do not include flight elements) are protected by means of a bond held by us with ABTA. This means that if, in the unlikely event of our insolvency, the accommodation or package cannot be provided, the client will receive their money back or, if their stay has started, arrangements will be made for them to be able to continue as planned.
3. PRICE GUARANTEE
Prices in this brochure are based on costs and exchange rates as of 10th July 2012. No surcharge in respect of costs or currency fluctuations will be made within 30 days of the commencement of the land content of any holiday or once payment of the deposit of your land tour has been received. The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser. The price of your travel arrangements can also be varied due to government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. Should the price of your holiday go down, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in clause 4.3 below, to accept an offer of alternative travel arrangements from us if we are able to do so.
4. IF WE CANCEL OR CHANGE YOUR HOLIDAY
4.1 Contiki reserves the right to change or cancel your booking in accordance with operating requirements or circumstances beyond its control.
4.2 Should change or cancellation prove necessary we will give you reasonable notice thereof, in the circumstances, and where available, offer you a comparable alternative. Where cancellation is necessary, a minimum period of 45 days notice will be given by us unless the circumstances leading to the cancellation were beyond our reasonable control.
4.3 If an alternative is not available or acceptable you will be entitled to either a full refund of monies paid by you to us or transfer to another Contiki holiday without payment of any transfer fee.
4.4 If the change or cancellation is due to force majeure (i.e. circumstances like political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fi re, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond Contiki’s control) we will give a full refund of any monies paid to us less reasonable expenses incurred by us in respect of your booking.
4.5 Contiki is not responsible for the cost of any other travel arrangements affected due to cancellation or the rescheduling of any holiday.
5. HOLIDAY DETAILS AND CONDITIONS
5.1 The information in our brochure is correct to the best of our knowledge at the time of going to print (October, 2012) but we cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.
5.2 Contiki will do their best, at their discretion, to select accommodation, sightseeing tours and transportation to give you good value for money.
5.3 Contiki constantly strives to improve tour itineraries and features. If such improvements can be made, or unforeseen circumstances beyond our control make changes necessary, we reserve the right to vary itineraries and to substitute hotels. Contiki is not responsible for any other travel arrangements affected due to our cancellations.
6. LIABILITY
6.1 When you buy a flight-based holiday, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
6.2 We will be entitled to keep for our account any interest earned on such monies.
6.3 All monies paid by you to us through your travel agent or otherwise, whether in respect of the deposit or full payment, may be disbursed by us as and when we see fi t, in respect of the services to be provided and/or fees payable under your selected holiday. The payment of a deposit or any other monies in respect of your holiday shall be deemed to be an authorisation for disbursement thereof as aforesaid.
YOUR RESPONSIBILITIES
1. BOOKING YOUR HOLIDAY
1.1 In order to reserve your holiday, a deposit of £60, per person per tour must be submitted to Contiki within 7 days in respect of that holiday. If a booking is made within 45 days of departure from your home country full
payment is due at time of booking creation. This payment is in addition to any deposit required by your travel agent. The deposit is accepted as a first installment of the holiday price by Contiki only once the booking has been confirmed in writing by Contiki or your travel agent.
1.2 Your land reservation will be confirmed on receipt of a non-refundable deposit of £60 per person, per tour, which must be within 7 days of booking or the reservation will automatically be cancelled.
1.3 Any special meal requirements will be made on a request basis only. Contiki cannot guarantee special meal requests nor will it assume any responsibility or liability if clients’ special meal requirements are not fulfilled.
2. PAYING THE BALANCE
2.1 The balance of the holiday price must be paid by no later than 45 days before the scheduled holiday departure date from your home country which shall be by the due date stated on the confirmation issued to you by Contiki. When making multi-tour bookings, full payment is due no later than 45 days before scheduled departure date of the first departing tour.
2.2 If payment isn’t made by the due date, Contiki may assume that you have cancelled and cancellation charges in accordance with clause 3 below will be levied by Contiki.
2.3 Tickets and other documents will not be forwarded until full payment has been received by us.
2.4 In the case of Late Bookings made within 45 days of your departure from your home country, the full cost of the holiday will be payable immediately on booking and we reserve the right to provide all travel documents at the holiday departure point.
2.5 Contiki reserves the right to cancel the booking and apply cancellation charges should payments not be received within the above specified periods.
3. IF YOU CANCEL
3.1 Notice of cancellation must be made to Contiki or your travel agent as soon as possible.
3.2 Your deposit is non-refundable upon cancellation by you.
3.3 Upon cancellation you will be liable to pay a fee to cover the estimate of cost and expenses incurred by us in the terms of the schedule set out here under. This is expressed as a percentage of the holiday price and is calculated as follows:
PERIOD OF NOTICE CANCELLATION FEE
More than 45 days notice: Deposit is forfeited
45-22 days: 25% of tour fare
21-8 days: 30% of tour fare
7-1 days: 50% of tour fare
Day of departure: 100% of tour fare
Where the percentage cancellation fee is less than the deposit, the cancellation fee will equal loss of deposit.
If the reason for cancellation falls within the terms of any holiday insurance policy which you hold, then any such charges may, subject to the terms of your insurance policy, be refunded to you by the insurance company.
3.4 Any cancellation of additional services booked prior to and after your tour booking, such as pre and post accommodation and transfers, that are cancelled within 14 days of the tour departure incur a 100% cancellation fee.
3.5 These cancellation fees are in addition to any cancellation fees that may be levied by your Travel Agent.
4. IF YOU CHANGE YOUR BOOKING
4.1 If after your booking has been confirmed, you wish to change to an alternate departure date you may do so subject to availability and provided the new holiday date is also in this brochure.
4.2 A fee of £15 per person will be charged for any revision or alteration made to a reservation after the booking is confirmed, unless the change increases the value of the booking. A change of booking within 45 days of departure will be treated as a cancellation and normal cancellation fees will apply (as detailed in section 3) except when the change is to an earlier departure date of equivalent or greater value, in which case a £15 per person amendment fee will be charged.
4.3 A name change to a different person will be treated as a cancellation.
5. HOLIDAY DETAILS AND CONDITIONS
5.1 Please read the brochure carefully for those items included in the price. No allowance or refund can be made for meals, accommodation, excursions, etc. that you elect not to take, or when museums, shops, etc are closed. Hotel facilities may vary from place to place. Meals may vary in style.
5.2 Contiki’s holidays are specifically planned for those in the 18 through 35 age group. Consequently the facilities and activities on a Contiki holiday are not appropriate to persons outside this age bracket. If you have a question regarding the age groups, you are welcome to discuss this with a Contiki staff member.
5.3 Contiki must be advised of any medical conditions or physical disability requiring special attention before you book your holiday. If you do not advise us at this stage, we may refuse to accept your booking. We may also refuse you if we feel that the holiday chosen is not suitable without a suitably qualified companion. Contiki will try to help you with your requirements but cannot guarantee to do so, either on our own or our suppliers’ (such as hotels, restaurants and excursions) behalf. Many of our holidays involve getting on and off coaches, walking tours and other physical activities. Some holidays may not be suitable for you if you rely on a wheelchair or have certain other disabilities. The Company does not provide personal devices (such as wheelchairs, hearing aids or prescription eye glasses) or services of a personal nature (such as pushing a wheelchair or assistance in eating, toileting or dressing). Should your disability require you to have special assistance, it is a condition of Contiki accepting your booking that you provide evidence satisfactory to us that an able-bodied person will accompany you and is able to provide any special needs or services that you may require. Contiki will not be responsible for the failure of this person to provide these services .The Company does not employ medical personnel. Any necessary medical attention will be provided by a local facility at the passenger’s expense. The Company is not responsible or liable for any losses or costs incurred as a result of medical services obtained while on tour, or for the quality of the care or services received.
5.4 You are responsible for all travel arrangements and costs to/from the point of commencement/conclusion of the holiday.
5.5.1 There may be times when the Contiki Representative has to make a decision in your best interests or the best interests of their group. You agree to comply with the authority and decisions of the appointed Contiki Representative and the laws of the country in which you are travelling. If you do not so comply or if, in the Contiki Representative’s opinion, you are not compatible with the general enjoyment and well being of other members on the holiday or smooth operation of the holiday itself, we reserve the right to refuse to let you continue with the holiday. We do not tolerate the possession or carriage of illegal or restricted substances (drugs). Furthermore, you agree that your fellow travellers and any Contiki Representative have the right to travel/work in a safe environment. Any threats to their safety, well being or inappropriate behaviour by you, whether verbal or physical, will be taken extremely seriously and may result in the immediate termination of your holiday. In such event, you will be responsible for your own repatriation and related costs and have no claims against us.
5.5.2 You are responsible for any costs incurred as a result of damage or excess cleaning fees related to your accommodation. You are advised to immediately report any pre-existing damage in your room to hotel staff and/or a Contiki Tour Manager as soon as it is discovered.
5.5.3 The Company may, in its sole discretion, decline the booking of any passenger or remove any passenger who cannot comply or refuses to comply with the Company’s terms and conditions. The Company is not responsible for any costs incurred in the event a passenger is removed from a tour. Passengers agree not to hold the Company or any of its related entities liable for any actions taken under these terms and conditions.
5.6 Where the passenger occupies a motorcoach seat fitted with a safety belt, neither the operator or service providers, agents or cooperating organisations shall be liable for any illness, injury or death nor any loss, damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident.
5.7 It is your responsibility to have a valid passport and all visas, permits and certificates required for your selected holiday before your departure as well as any necessary vaccinations and to comply with all applicable laws. Contiki is not responsible for any costs incurred as a result of failing to obtain necessary visas. Any costs whatsoever regarding obtaining, replacing or changing visas whilst on tour (including accommodation, meals, flights and transfers incurred due to associated delays) are at your own expense.
5.8 You agree that our Contiki Representatives may take photographs and films of you while you are on holiday and that these may be used in our Group brochures and/or advertising or publicity material without obtaining any further consent or payment in respect of such photographs and/or films.
5.9 Should you have a complaint in respect of the holiday, you should inform the Contiki Representative during the course of the holiday and if the matter cannot be resolved after the representative’s best endeavours to do so during the holiday, your complaint should be made in writing to Contiki as soon as is reasonably possible after the holiday but within 42 days thereof so that your complaint can be investigated. If you do not write within 42 days, your rights under this contract may be affected. If you choose to write to Contiki via the Internet, please provide your home address so that we are able to reply to you in writing.
5.10.1 The contract and all matters arising in respect hereof shall be subject to Guernsey Law, unless we agree otherwise in writing.
5.10.2 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.
5.10.3 If you are unsuccessful in any legal action instituted against us, you agree to pay all our costs, including but not limited to, attorney/client costs.
6. INSURANCE
Contiki very strongly recommend that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money & public liability before embarking on a Contiki holiday. Please check that the insurance covers all of the activities that you are going to be participating in. Some policies exclude certain adventure activities. This should be arranged at the time of payment of the deposit & will, in certain circumstances, cover you against loss of deposit or cancellation fees from the date of confirmation of your booking, as shown in the insurance policy. You also agree to indemnify us against all third-party claims, actions, damages & remedies which may be brought against us in respect of your participation in the holiday.
7. ILLNESS OR ABSENTEEISM
In the event of your withdrawal from a holiday after the commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the tour.
8. WHAT’S NOT INCLUDED IN THE HOLIDAY PRICE:
Airfares to and from your holiday destination (unless you have booked a tour and fly package), airport taxes, passport and visa fees, insurance, laundry, phone calls, beverages, meals not detailed in the itinerary, tips to Tour Managers & Tour Drivers, items of a personal nature, excess baggage and optional excursions.
9. WEATHER CONDITIONS
Under no circumstances can we be held responsible for snow or weather conditions, nor can any holiday be cancelled or amended by you at any time on the basis of snow or weather conditions.
10. LUGGAGE RESTRICTIONS
Luggage is restricted to one reasonable sized, non-expanding suitcase size up to 29” x 20” x 10” (73cm x 50cm x 25cm) and the maximum weight of 20 kilos (44lbs.) plus one small hand/day bag that can go on the coach with you. No metal frame backpacks are allowed. Contiki reserves the right to refuse to accept larger suitcases on tour.
GENERAL
1. CONTRACTING PARTIES
1.1 The Booking Conditions detailed herein contain the entire contract between you and Contiki. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied in writing by a duly authorised officer or director of Contiki.
1.2 Your contract is with us as the tour operating company. At any time and at our complete discretion we may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which we may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with us. We may at our complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.
1.3 Transportation companies, airlines etc. are not to be held responsible for any act, omission or event during the time passengers are not on board planes, transportation or conveyances. We rely on international conventions, national and international law, which may apply to the services provided by us, our suppliers or agents with respect to any claim of any nature brought by you against us as a result of the provision of those services. International conventions which apply may include: Warsaw Convention 1929, (as amended by Hague Protocol & Montreal Protocol) in relation to air travel, or Montreal Convention; the Berne Convention for rail travel; Athens Convention 1974 for carriage by sea; the Geneva Convention for carriage by road & the Paris Convention 1962 for Hotels. We are to be regarded as having all benefit of these conventions on limiting our liability in relation to any claim for death, injury, loss, damage & delay to passengers & luggage. Enrolment in & payment for a tour shall constitute agreement & acceptance by the passenger of the terms & conditions set forth in this brochure which cannot be varied except in writing by an officer of the Company.
1.4 Contiki is not a carrier or hotelier nor does it own aircraft, hotels or coaches. All bookings with carriers, hoteliers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers, hoteliers, and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst we cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third-parties, we will give every reasonable assistance in helping to resolve any reasonable dispute. Please also note that Contiki cannot be held responsible for the failure of any of these parties to provide facilities or services for handicapped clients (see also 5.3 under Holiday Details & Conditions).
1.5 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represent themselves either as contracting with any purchaser of a holiday from
Contiki or as having any other legal relationship with any such purchaser.
1.6 Every effort is made to ensure brochure accuracy at the time of going to print, however Contiki cannot be held responsible for printing or typographical errors, or errors arising from unforeseen circumstances.
2. ARBITRATION
Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may be referred to arbitration, if the customer so wishes, 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). The 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 £1,500 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 eighteen months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA code does not require such agreement.
3. VALIDITY
The programmes advertised in this brochure are valid from March 2013 to March 2014.
4. OPERATING COMPANIES
The programmes advertised in this brochure are operated by Contiki Holidays Limited, Picquet House, Guernsey, Channel Islands, with the exception of the Great Britain & Ireland tours described on p.60-63, the 3 & 5 day London Explorer packages described on p.167 & the Edinburgh Festival & Military Tattoo, Hogmanay & St Patrick’s Day tours described on p.168-169 all of which are operated by Contiki Travel (UK) Ltd. The principle operator of the Croatian Island Cruising & Croatian Island Hopper products featured on p.86-88 is Katarina Lines. Their terms & conditions apply (available on request). The operator of the Turkish sailing product featured on p.84-85 is Barbaros Yachting, Turkey. Their terms & conditions apply (available on request).
IMPORTANT NOTICE:
ABTA statement: Contiki Holidays Ltd and Contiki Travel (UK) are members of ABTA under the following membership numbers: Contiki Holidays Y1792; Contiki Travel (UK) V0438. ABTA and ABTA Members help
holidaymakers to get the most from their travel and assist when things don’t go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For more information on ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ, tel 020 3117 0500 www.abta.com
DATA PROTECTION STATEMENT
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for 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 will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.). Where the data might be passed on for marketing purposes, you have the right to opt out of future marketing. You also have a right of access to data held which can be obtained by writing to Contiki Holidays Limited. Picquet House, St Peter Port, Guernsey, GY1 1AF, Channel Islands.
FURTHER ADVICE
For further advice please visit - www.fco.gov.uk/knowbeforeyougo or call the ABTA Information Line Tel: 020 3117 0500 (calls are charged at local rate)
This brochure was published in October 2012 and supersedes any other current brochure in the market.