Holiday Conditions & Contract

The EC Directive 90.3141EC on package travel, package holidays and package tours requires AVA Travel (Leyland) Ltd to take out adequate financial cover to provide protection. Our Fair Trading Agreement on holiday information sets out clearly and simply the responsibilities which we at AVA Travel (Leyland) Ltd have to you and which you in turn have to us when a contract is made between us. The contract is made when you make a booking and we accept it by written confirmation on the terms set out in this brochure. When signing the booking form for your holiday you will sign on behalf of yourself and others named in your party, that you have read, understood and have accepted these conditions and the holiday information provided in this brochure. Your obligation is to pay the price of the holiday and to recognise your liabilities if you wish to alter the holiday or have to make a cancellation. On our part we have obligations to provide you with the holiday you have booked. Our specification of that holiday and our terms are clearly stated in this brochure.
Your contract is entered into with AVA Travel (Leyland) Ltd. Any other subsidiary companies of AVA Travel (Leyland) Ltd involved in the booking or management of your holiday shall be deemed to act as our agents. This Fair Trading Agreement applies to all holidays sold from this brochure.
Your Contract with AVA Travel (Leyland) Ltd
1. YOU PAY A DEPOSIT
When you make your booking you must complete a Booking Form, accepting on behalf of all your party the terms of the contract and pay a deposit per person of £50, except where stated in brochure.
2. YOU PAY THE BALANCE
The balance of the tour must be paid via the office at which you make your booking at least 8 weeks before the holiday departure date. If the balance is not paid in time we reserve the right to cancel your holiday retain your deposit and apply cancellation charges set out in paragraph 4 ‘If you cancel your holiday’. If you book within 8 weeks of the departure date you must pay the full amount at the time of booking.
3. IF YOU CHANGE YOUR BOOKING
If, after our confirmation has been issued, you wish to change to another of our holidays or change departure date we will do our utmost to make the changes, provided that written notification is received at our offices from the person who signed the booking form. This must not be later than the date on which the balance of the original holiday cost was due for payment accompanied by a
payment of £10 to cover administration costs. Any alteration by you within 8 weeks of departure will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out below.
4. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party may cancel your holiday at any time provided that the cancellation is made by the person signing the Booking Form and is communicated to us in writing via the office at which you made your booking. As this incurs administrative costs we will retain your deposit and, in addition, apply cancellation charges up to the maximum shown below:
Period before departure within which Amount of cancellation charge written cancellation is received shown as % of holiday price
More than 42 days – Loss of Deposit
28-42 days – 30%
14-27 days – 45%
7-13 days – 60%
1-6 days and before departure date and after – 100%
In respect of holidays to Jersey/Guernsey the following cancellation charges apply:
More than 55 days – Loss of Deposit
42 – 55 days – 30%
28 – 41 days – 60%
8 – 27 days – 90%
7 days or less – 100%
In respect of Cruise Holidays the following cancellation charges apply:
112 days or more – Loss of Deposit only
111 – 58 days – 60% of holiday cost
57 – 43 days – 75% of holiday cost
42 – 17 days – 85% of holiday cost
14 – 0 days – 100% of holiday cost
Note: If the reason for cancellation is covered under the terms of an insurance policy you may be able to reclaim these charges. The cancellation will date from the day that written notice is received at our office. Any cancellation charge is payable by the passenger to us and the passenger should then claim on the insurance company for reimbursement.
5. IF YOU HAVE A COMPLAINT
If you have a complaint during your holiday, particularly regarding your accommodation or the quality of the meals, it is vitally important that you inform the driver/courier or supplier, i.e. hotelier at the earliest opportunity, so that they can help to resolve the problem. If, on your return from holiday, you remain dissatisfied you should write within 14 days to our Travel Office in
Leyland. Please quote your booking reference number, destination and the departure date. If you do not inform us at the earliest opportunity about a problem giving rise to complaint we cannot take steps to investigate and rectify it. When deciding how to respond to your complaint, we will take in to account the date you first drew the problem to the attention of our driver, courier or supplier. Failure to establish your complaint immediately in accordance with the above procedure may affect the outcome.
6. STATUTORY AUTHORITIES
This brochure is issued subject to applicable Acts of Parliament and Government Regulations and the company reserves the right to modify itineraries to conform with requests from the competent authorities in the United Kingdom and any other sovereign state through which the tour runs.
7. CONDITIONS OF CARRIAGE
When you travel on an aircraft, train or ship, the conditions of carriage of that carrier apply and are subject to National and International conditions which may limit or exclude liability. Your contract made under the terms of this Agreement is subject to English law and jurisdiction. Some coach journeys are operated by vehicles other than those owned by AVA Travel (Leyland) Ltd and the
specification may be different to that detailed in this brochure. The Public Service Vehicle (Conduct of Driver, Conductors and Passengers) Regulations as amended 1990, apply to all coaches throughout any holiday in the UK.
8. OTHER TERMS –
ON HOLIDAY YOU MAY NOT
(a) Bring a pet or any other animal (other than guide dogs in the UK and Eire only and by arrangement).
(b) Play a radio cassette player on a coach.
AVA Travel (Leyland) Ltd reserves the unconditional right to refuse a booking or terminate a clients holiday in the event of unreasonable conduct which in AVA Travel (Leyland) Ltd opinion is likely to cause damage, distress, danger or annoyance to other clients, employees, property or to any third party. If you are prevented from travelling or continuing your holiday by such a termination AVA Travel (Leyland) Ltd’s responsibility for your holiday thereupon ceases.
Full cancellation charges will apply and AVA Travel (Leyland) Ltd will be under no obligation for any refund, compensation or loss, which you may incur.
You are responsible for ensuring you are at the correct departure point at the correct time and we cannot be liable for any loss or expense suffered by passengers because of their late arrival at any departure point.
Excursions are included in the price of most holidays and refunds cannot be made for passengers not wishing to go on these excursions. Admission fees to buildings, grounds etc., are not included in the price of the holiday unless otherwise stated in the brochure
9. PASSPORT
For all continental holidays you will require a full 10 year British Passport. If you have any doubts about your status as a resident British subject or you do not hold a full British Passport you must check with the Embassies or Consulates of the countries to be visited to confirm the passport or visa requirements needed in your particular circumstances. We cannot accept responsibility if passengers are not in possession of the correct travel documents.
10. HEALTH
Under normal circumstances most Western European Countries do not require visitors to be vaccinated. However we will indicate any known vaccination or other health requirements where possible for each country to be visited. If you are not sure of the health requirements of the country you are visiting you are advised to check with your own doctor before travelling.
11. RECIPROCAL HEALTH AGREEMENT
Although it is not a condition precedent to liability for clients travelling to European Common Market countries, we strongly advise you to obtain the Form EHIC which will entitle you to certain free health arrangements in Common Market countries. For full details, visit your local post office.
Our Promise to you
1. WE RESERVE YOUR HOLIDAY
When you have provisionally confirmed that we have available space on the holiday of your choice the signed booking form and deposit is required within 4 days. A confirmation invoice will be forwarded by return and the contract is then made between us when you receive this confirmation.
2. YOUR HOLIDAY PRICE
UK HOLIDAYS – The price of your holiday is guaranteed and will not be subject to any surcharges except for those resulting from fuel, government action, including licensing requirements and VAT. In all cases we reserve the right to pass these amounts on in full. Holiday prices include all coach travel, hotel accommodation and meals as specified in the holiday description and VAT at the current rate where applicable. Morning coffee afternoon tea and other refreshments are not included. Some hotels may make a small additional charge for porterage and tea or coffee
served after lunch and dinner. Gratuities to the hotel staff and driver/couriers are discretionary.
EUROPEAN HOLIDAYS – The price of your holiday is subject to surcharges on the following items: Governmental action, VAT, currency, aircraft fuel, overflying charges, airport charges and increases in scheduled air fares. Even in this case we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged but where surcharge is payable there will be administration charge of £1 per person with an amount to cover agent’s commission. If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the invoice. Surcharges will not be imposed within 30 days of departure.
3. IF WE CHANGE YOUR HOLIDAY
The arrangements for the holidays in this brochure are made many months in advance and changes are sometimes unavoidable. Most of these changes may be very minor, but where they are significant we will notify you as soon as is reasonably possible before your departure date. A significant change will be regarded as changes in the departure date, departure point, or resort area, reducing the quality of your main hotel (not single overnight hotels on touring holidays) or a change of tour itinerary which involves a destination being completely eliminated from the revised itinerary or reducing the specification of the coach.
In the event of a significant change you may decide to: (a) continue with the holiday as amended; (b) accept an alternative holiday which we may offer to you; (c) cancel your booking. If you choose (a) or (b) we will pay you compensation on the scale below, no other claims for compensation or expenses will be considered.
Period before departure within which ‘a significant change’ is notified to you or your travel agent with compensation per person:
More than 42 days – Nil
28-42 days – £5
14-27 days – £10
7-13 days – £15
1-6 days – £20
4. IF WE CANCEL YOUR HOLIDAY
It is necessary for there to be a minimum number of passengers in order to operate a tour. In certain circumstances, therefore, we may have to cancel your holiday, and if this should occur we will return to you all the money you have paid to us, or offer you a suitable alternative. However, we will not cancel your holiday:
(a) Immediately prior to the departure date unless you have not paid for your holiday in full, if we then cancel your holiday you will be entitled either a comparable holiday or a full refund.
(b) After the balance due date, except as a result of hostilities, political unrest or other circumstances amounting to force majeure, (or other options as necessary).
If we have to cancel your holiday at any time, AVA Travel (Leyland) Ltd is liable only for any money you have paid to AVA Travel (Leyland) Ltd at the time of cancellation and for the compensation payments as detailed in paragraph 3 above.
5. WHAT HAPPENS TO COMPLAINTS
All complaints that are received are thoroughly investigated and customers kept informed at each stage of the investigation. Sometimes the investigations can take time when awaiting a response from hoteliers. We can normally agree an amicable settlement of the few serious complaints we receive if the complaint is found to be genuine.
6. OUR RESPONSIBILITY TO YOU
We accept responsibility for ensuring, that all component parts of your holiday as described in this brochure are supplied to you to a reasonable standard and this includes Optional Excursions purchased through our employees or agents. If any such part is not provided in the advertised manner, we will pay you reasonable compensation unless the non provision was due to circumstances
which we could not predict and which were beyond our control such as adverse weather, road or traffic conditions or the matters referred to in paragraph 4 (b) above. Please remember that some amenities (e.g. hotel, lifts, swimming pools etc.) require servicing and cleaning and may not therefore be available at all times. Some services may be affected by weather conditions and their availability is entirely at the discretion of the provider of the service.
Entertainment (particularly live entertainment) provided by hotels is frequently subject to demand and its nature and/or frequency may be varied if there is lack of demand or insufficient numbers staying in the hotel Some excursion itineraries include the use of ferries and other forms of transport which can be affected by inclement weather and may have to be cancelled or arrangements
changed. Wherever possible a suitable alternative excursion will be offered. The published running times of services are estimates only and we will not be liable for any loss (however caused) arising from delay or failure to operate services in accordance with published timings.
7. PERSONAL INJURY (whilst participating in arrangements made by us)
AVA Travel (Leyland) Ltd has taken all reasonable and proper steps to ensure that proper arrangements have been made for all the holidays which are advertised in this brochure, including optional excursions offered by our employees or agents, and that the suppliers of all the services are efficient, safe and reputable and that they comply with the local and national laws and regulations of the country in which they provide those services. Whilst we have no direct control over the provision of services to you by suppliers, we will pay to our clients the equivalent of such damages as they would be entitled to receive under English Law in an English Court for any personal injury to the client including illness or death, caused by the failure to perform or the
improper performance of such services by the servants or agents of ourselves or any of our suppliers contracted or sub contracted by us to provide any part of the arrangements for your holiday as described in this brochure where such failure or improper performance is due to the fault of such person and not an event which such person could foresee or forestall even if they had taken all due care
NOTE: We will make payments as stated above provided: (a) that claims for personal injury are notified to us within three months of the return from holiday; (b) the injured client(s) assigned to AVA Travel (Leyland) Ltd any rights against a supplier or other person or party they may have relating to the claim,(c) they agree to co-operate fully with us should we or our insurers wish to enforce those rights which have been assigned to us or to which we are subrogated and; (d) such payments is limited in the case of transport by water or air to a maximum of such sums as would be obtained under the provisions of the appropriate International Conventions. This assignment is necessary to enable us to try and recover from suppliers any compensation we have paid to clients, and associated costs, arising from personal injury to clients caused by the fault of those suppliers. If we recover more than such compensation and costs, any excess will be paid to the injured client.
8. PERSONAL INJURY (unconnected with arrangements made by us)
Where appropriate and subject to our reasonable discretion, we will afford general assistance to clients who through misadventure suffer illness, personal injury or death whilst travelling on a AVA Travel (Leyland) Ltd holiday arising out of an activity which does not form part of the advertised itinerary nor part of an excursion offered through the company, and which is the responsibility of a third party.
HOLIDAY INFORMATION (not part of contract)
1. CHILDREN’S REDUCTIONS
On most of our holidays reductions are available for children aged between 5 and 12 providing the child shares a room with 2 full fare paying passengers. Please enquire at time of booking.
2. LUGGAGE
We ask you to keep luggage down to one medium sized suitcase per person, but a small holdall can also be taken on board the coach.
3. SEAT ALLOCATION AND SPECIFICATION
Requests for particular seats can be made on most holidays when booking, but since allocations are made on a first come first served basis, early booking is advisable. When bookings are made with us you will be offered the seats that are available on the coach at that time. In the event of the coach being nearly full we may contact any single person already booked to ask them to move
seats if necessary to accommodate a new booking from a couple. There is a seating plan of the coach for each holiday, but it is possible that, on occasions, for operational reasons, a coach of different configuration may be used and we must therefore, reserve the right to alter a seating plan and allocate seats other than those you have booked, although this will be avoided as far as possible. We shall have no liability in relation to any such change of specification. Specific seats will not be allocated on coaches which carry out transfers to and from air and seaports or on AVA Travel (Leyland) Ltd connecting services.
4. SMOKING
All tours in this brochure are non-smoking. Frequent comfort stops will be made during the journey to and from the destination whilst on tour.
5. TRAVEL DOCUMENTS
When you have paid the balance we will either send to you or the Travel Office through which the booking was made, all the necessary labels, so that you receive them in good time before the holiday departure date. Certain documents for example, air or boat tickets, may have to be retained and your driver or courier will then issue them to you at the relevant port.
6. SPECIAL CARE FOR THE DISABLED
The holidays in this brochure have been carefully planned to include as much of interest as possible. Inevitably some of the holidays include lengthy periods of travel and some walking on sightseeing excursions. Additionally, many of the hotels will have steps to contend with and may not possess lifts, and although we will try our best to look after disabled passengers, it is important that you enter the word DISABLED in block capitals in the special requirements section of the booking form, together with a brief description of your disability. We will make every endeavour to minimise the discomfort and inconvenience, but for obvious reasons are unable to make any guarantees.
7. SPECIAL DIETS
If you require a special diet you must inform us at the time of booking with a copy of the diet. This will be notified to the hotel or hotels on your holiday but on certain holidays the hotels used are tourist class and whilst offering value for money within the price range they may not have the full facilities to cope with special diets. Any extra costs incurred must be paid to the hotel by you before departure from the hotel.
8. GROUND FLOOR ACCOMMODATION
There is usually a limited number of ground or low floor rooms available and requests for this accommodation must be made in the ‘Special Requirements’ section of the booking form, but this type of accommodation cannot be guaranteed. If lifts are available at a hotel the facility will be shown on the holiday page.
9. SINGLE ROOMS
On any holiday there are only a limited number of single rooms. When a single room is available it may be subject to a supplementary charge and this will be shown on the brochure page. After our initial allocation of accommodation has been used it may be possible to obtain further accommodation for which the hotel may impose a further additional charge.
10. ENTERTAINMENT
Some of our hotels arrange additional entertainment, which could include music, dancing, film shows, bingo etc. Entertainment offered by hotels is indicated in the hotel description on the holiday page. The nature and frequency of the entertainment presented is at the discretion of the hotel and therefore not guaranteed and could be withdrawn if there is a lack of demand or insufficient numbers in the hotel.