1. CONTRACT
The booking conditions and booking form will constitute the contract between If Only… (a trading name of If Only Holidays Limited, ATOL 4269 and ABTA W3086) and all those listed on the booking on whose behalf the party leader is acting. When you make your booking you must complete a booking form. In signing the booking form you warrant that you have the authority to accept and are accepting on behalf of all your party, the terms of our booking conditions and associated essential information. A contract will exist as soon as we have issued a confirmation number. This contract is made on the terms of these booking conditions which are governed by Scottish law and both parties agree to submit it to the jurisdiction of the Scottish Courts at all times. We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current prices of the holiday that you wish to book before your contract is confirmed .
2. PAYMENT TERMS
When you make your booking, you must pay a deposit of 10% of your total holiday cost or £150.00 per person (whichever is the greater). The balance of the price of your travel arrangements should be received by us at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time we have the right to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. In the event of your booking being made through a travel agent, all monies paid to your agent are held by the agent on our behalf at all times. We do reserve the right to amend our prices at any time prior to you booking your holiday.
3. EXCHANGE RATES
Prices shown have been calculated using current exchange rates as at 10 August 2007.
4. PRICE PLEDGE / SURCHARGES
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no price change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus 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 will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or re-use your policy. 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. Should the price of your holiday go down due to the changes mentioned above, 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.
5. CANCELLATION (BY YOU)
Should you choose to cancel your booking then intimation by you or your travel agent must be made to us in writing and the cancellation will be effective from the date of receipt. The cancellation charges are as follows:
| NO. OF DAYS BEFORE DEPARTURE THAT NOTIFICATION IS RECEIVED BY US | AMOUNT PAYABLE |
|---|---|
| More than 56 days | deposit + insurance premiums |
| 30-55 days | 45% + insurance premiums |
| 15-29 days | 70% + insurance premiums |
| 08-14 days | 90% + insurance premiums |
| 0-07 days | all costs forfeited |
We regret that no refund can be made until all travel documentation has been returned to us. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6. CANCELLATION (BY US)
We reserve the right in any circumstances to cancel your travel arrangements. However we will not cancel your travel arrangements less than eight weeks before your departure date, except for reasons of force majeure (see below) or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us. If it is necessary to cancel your travel arrangement, compensation will be payable in accordance with the table contained in clause 8 below.
7. AMENDMENTS (BY YOU)
If after a confirmation number has been issued you choose to amend your booking at any time we will endeavour to be of assistance. Such a request to amend must be made in writing by the person who signed the booking form or your travel agent and must be received at our offices at least six weeks prior to departure. If we are able to accept the change, an amendment fee of £25 per passenger plus any additional charges that may be applicable, will be charged. Major amendments such as changing the dates of travel or number of passengers travelling will be treated as a cancellation and re-booking. If said amendment involves a reduction or cancellation of a portion of your travel arrangements, this could also incur applicable cancellation and handling fees in addition to the amendment fee. Amendments requested within six weeks of departure may be treated as a cancellation and charges will be applied as per paragraph 5 above.
8. AMENDMENTS (BY US)
As arrangements are made many months in advance, we have to reserve the right to make changes to brochure and holiday details both before and after you have booked your holiday. Any such changes are likely to be minor and we will advise you or your travel agent at the earliest possible moment. The change may be deemed to be a major one: eg. A change to a lower class of accommodation than that booked or a departure time alteration of more than twelve hours (except force majeure).
In this event you will have three options:
(a) accept the changes as notified
(b) purchase another If Only… holiday
(c) cancel your holiday and receive a full refund of monies paid. In the event of (a), (b), or (c) above, except where change arises due to reason of force majeure, we will pay compensation as follows:
| NO. OF DAYS BEFORE DEPARTURE THAT NOTIFICATION IS GIVEN TO YOUR TRAVEL AGENT | COMPENSATION PER PAYING PASSENGER |
|---|---|
| More than 56 days | Nil |
| 43-56 days | £10 |
| 29-42 days | £20 |
| 15-28 days | £25 | 00-14 days | £35 |
9. INSURANCE
It is a condition of booking your holiday that you take out suitable insurance cover at the time of making your reservation and details of your insurance stated on the If Only… Booking Form. Your insurance must include cover for cancellation or curtailment of your holiday as well as the cost of repatriation in the event of accident or illness. It is your responsibility to arrange suitable and adequate travel insurance. If you require additional information, If Only… has an arrangement with insurance brokers Oakwood (Insurances) Limited, who can be contacted for further details on tel: 020 8950 0166. If the insurance cover is arranged through Oakwood (Insurances) Limited, the premium must be paid directly to them and full details of the cover, conditions and exclusions will be sent to you. If any insurance policy is returned during a “cooling-off” period, then equivalent insurance must be taken out and paid for, and details provided immediately to If Only...
10. PASSPORT AND VISAS
Please check your passport at the time of booking. All passports must be valid for a period of six months after your date of return to the United Kingdom. Visas are required for some of the destinations featured in this brochure. Please note that compliance with the regulations relating to passports/visas is your own responsibility and the onus is on the traveller to ascertain whether a visa is required and to make the necessary application to the Embassy or Consulate of the country concerned. Those who are not British Subjects should contact their travel agent or the appropriate Embassy for verification of the requirements. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
11. SCHEDULED AIRLINES
Air transportation is by scheduled services. We reserve the right to substitute alternative airlines or aircraft types. Such alterations do not constitute a significant change to your holiday arrangements and you will not therefore be entitled to cancel or change to another holiday, as a result. We regret we cannot accept liability for any delay to your flight whether the delay is caused by adverse weather conditions, the action of air traffic controllers, airport authorities or governments, the re-scheduling of flights times by the airline, mechanical breakdown, strike or industrial action or any other such reason. In such circumstances, you may be able to make a claim on your insurance policy. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flights. We do this by listing the carriers used by us on page 68. This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
12. FORCE MAJEURE
We regret we cannot accept responsibility for and shall not be held liable in respect of loss or damage or changes caused by “force majeure”. This covers events such as strikes, riots, political unrest, hostilities, war or threat of war, terrorist activity (and its consequences), industrial disputes, government action, natural disasters, fire, adverse weather conditions, technical problems to transport, aircraft grounding, closure of airports or ports or similar events beyond our control. For the avoidance of doubt, in the event of any travel delays, either prior to your flight departure or otherwise, If Only… will not be held responsible for any extra costs you may have incurred, e.g. hotel bills, meals, refreshments, telephone bills, etc. This is irrespective of whether the problems causing the delay were foreseen or unforeseen. Also, no credit or refund can be given for any unused services. (e.g. transfers, hotel accommodation, excursions) which may have been included in the holiday price, or any lost, mislaid or destroyed travel documents.
13. BEHAVIOUR
We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our opinion, or that of any accommodation owner or manager, airline pilot, or other person in authority, to cause distress, danger, damage or annoyance to other customers, employees, property or to any third party. If any person or persons are prevented from travelling because in the opinion of any person in authority they appear unfit to travel, or are likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the holiday will cease. In all cases full cancellation charges apply and we will be under no obligation whatsoever for any cost incurred.
14. BAGGAGE ALLOWANCE
Baggage allowance will be shown on your flight tickets and if this is exceeded the airline may levy excess baggage charges.
15. COMPLAINTS AND ARBITRATION
At If Only… we will do everything possible to ensure that you have an enjoyable and trouble-free holiday. However, as you will appreciate, there are certain aspects of your holiday which are not within our direct control. In the unlikely event that you have a problem or complaint during your holiday then please bring it to the attention of the relevant person e.g. airline, representative or hotelier, in order that it may be remedied at the time. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Should you not receive satisfaction then please contact our office which is open Monday to Saturday 9.00am – 5.00pm. Should the problem not be resolved, then please bring it to our attention upon your return. Any such complaint must be received by us in writing within 28 days of your return home. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were at the destination and this may affect your rights under this contract.
16. WHAT HAPPENS TO COMPLAINTS?
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with the contract, which cannot be resolved, may (if you wish) be referred to Arbitration under a special scheme which, though devised by arrangement with ABTA, is administered quite independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents, with restricted liability on you in respect of cost. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking. Nor does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Where a claim includes in part a claim for personal injury or illness a limit of £1,000 per person applies to this part of the claim. If you elect to seek redress under this scheme, written notice of the request for Arbitration must be received by the IDRS within nine months after your scheduled date of return. Full details of the scheme are available from ABTA at 68-71 Newman Street, London W1T 3AH or www.abta.com.
17. OUR LIABILITY TO YOU
(a) We accept responsibility for ensuring that the travel arrangements which you book with us are supplied as described in this brochure and that the services offered reach a reasonable standard. If any part of your travel arrangements is not provided as promised, and we have not been able to provide an alternative of a comparable standard, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of a sum equal to twice the cost of your travel arrangements. (b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under Scottish Law. (c) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. (d) Any acceptances of liability under this general clause do not apply where the death, injury or illness is attributable to: 1. your own acts or omissions; 2. the acts or omissions of a third party not involved in providing the services which make up your holiday; 3. unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by us or our servants, agents or suppliers even with the exercise of due care. Any acceptance of liability is also conditional upon you having followed the procedure for notification of complaints as set out in clause 16.
18. PROMPT ASSISTANCE IN RESORT
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failure due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
19. CONDITIONS OF CARRIAGE
When you travel with a carrier, the conditions of carriage of that carrier will apply, some of which may limit liability. The conditions of carriage of that carrier are incorporated into this contract. You may ask for copies of the relevant conditions of carriage of that carrier from our offices. This brochure does not commit the airline mentioned herein, or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, an infant must be under two years of age on the date of the return flight.
20. FINANCIAL SECURITY
Your holiday contract is with If Only Holidays Limited, a company registered in Scotland (no.268032). The air holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority no. 4269. 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. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our brochure and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 4269. For further information, please visit the ATOL website at www.caa.co.uk. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply.
21. DATA PROTECTION STATEMENT
Please be assured that we have measures in place to protect any personal booking information that you have given 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.
Please note that if you travel outside of the European Economic Area, controls on data protection may not be as strong as the legal requirements in the United Kingdom. Any sensitive information such as details of any disabilities or dietary/religious requirements will only be passed on to persons or companies responsible for your travel arrangements. If we are unable to pass this information to relevant suppliers, whether in the EEA or not, we will not be able to implement your booking request. In making this booking, you consent to this information being passed on to the relevant persons. Full details of the data protection policy are available on request.
22. WEBSITE ACCURACY
Every effort has been made to ensure that the information contained in this website is accurate. However, as you will appreciate, we have to contend with:
(a) conditions outwith our control;
(b) the fact that the website has been compiled many months before the departure date;
(c) the possibility of human error.
23. HOTEL IMAGES
Due to ongoing renovations some hotels or their surroundings may have changed, sometimes quite dramatically since the latest update of this website. For the most part the images featured are those provided by the hotels and tourist boards. Please note that they need not necessarily truly reflect the current appearance of the hotel and its surroundings as further developments may have taken place since the images were produced.
24. GROUP BOOKINGS
Different booking conditions and prices may apply for Group reservations. Please contact us for relevant details.
25. ABTA
We are a member of ABTA, membership number W3086. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at www.abta.com.
The above information is believed to be accurate effective June 2008.
