Please read the following booking conditions carefully as they set out the Terms and Conditions of the contract between you and Luxury Holidays To Limited t/a Luxury Holidays (ATOL Number 10341). These Terms & Conditions are applicable for all bookings with Luxury Holidays To Limited t/a Luxury Holidays. Proceeding with a booking entails the acceptance of our terms and conditions for you and all the persons named in your booking without the need of a signed contract agreement. A contract will exist as soon as we take a deposit (or full payment, as applicable) and issue a confirmation invoice.
1. Reserving Your Holiday
On receipt of your deposit (or full payment if applicable) we will email you a confirmation invoice with details of your arrangements. The price shown on the confirmation invoice can only be guaranteed once full payment is received (please see Clause 2, ‘Pricing Policy’ below). If you obtain a quote from us for a booking, but do not book it at that time, please note that the price may increase at any time before you book. A telephone booking confirmation made by you is as firmly confirmed as if it were made/confirmed by you in writing at that time.
2. Pricing Policy
All fares and other information are subject to availability. Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined in this clause or if you amend your booking. Whilst every effort is made to avoid surcharges, we reserve the right to pass on any cost increases imposed by suppliers. No surcharge will ever be passed on for air tickets after we have received full payment in cleared funds and tickets have been issued.
As all flight operators, including both scheduled and chartered services, reserve the right to increase prices at any time, the price shown on the confirmation invoice can only be guaranteed once full payment is received from you. The payment of only a deposit does not guarantee your seat or the price.
Prices may be changed to reflect government action (e.g. the imposition of VAT, Airport Taxes, Air Passenger Duty or Local Taxes), an increase in transportation costs (e.g. airfares and the cost of fuel or fees payable for services (e.g. landing taxes or embarkation/disembarkation fees at ports and airports) or to reflect fluctuations in exchange rates. Our price guarantee cannot cover increases due to any of the above.
Pricing Errors: Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen itinerary at the corrected price or amend to a different holiday. We reserve the right to cancel the booking if you do not wish to accept the price that applies to your holiday or any quoted alternatives.
3. Deposits/Full Payments
No booking will be confirmed unless the required deposit (or full amount if applicable) has been received by us. Please see Clause 2, ‘Pricing Policy’ above for full details. Deposits are non-refundable.
4. Payment of Balances and Late Payments
All bookings made within 10 weeks of departure must be paid in full at the time of booking. We are able to take a deposit if a booking is made more than 10 weeks before your departure date, but the full balance must be received by us no later than 10 weeks prior to your departure date. You must pay the balance by the due date shown on your confirmation invoice. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your holiday and still leave you liable to cancellation charges.
In addition, late payments will be subject to a Late Payment Fee surcharge of £25.00 per booking. Please note that prices can go up and your booking price can only be guaranteed if paid in full. We therefore recommend that you pay in full if you wish to guarantee the price of your holiday.
5. Payment Methods
If payment for your booking is made by credit or debit card a bank charge may be payable. We reserve the right to refuse personal cheques as a method of payment. On those occasions when a personal cheque has been accepted as a form of payment, please note that we require a minimum of 5 working days for it to be cleared.
6. Minor Changes to Your Holiday
If we are obliged to make any minor change in the arrangements for your holiday we will inform you as soon as possible.
7. Major Changes to Your Holiday
If before you depart we have to make any major change to your holiday arrangements e.g. changes of departure time of more than 12 hours, change of airport (but excluding changes between airports in the London region, aircraft type or airline) it will only be because we are forced to do so by circumstances usually beyond our control. In such an unlikely event we will inform you immediately and our objective will be to minimise your inconvenience. We will whenever possible offer you alternative arrangements as close as possible to your original choice. You will then have a choice of accepting, taking another available holiday of similar price or cancelling. Should you choose to cancel as a result of these circumstances you will be reimbursed all monies paid to us.
8. Force Majeure
Please be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within our control and for which we cannot be held liable. In these situations the term “force majeure” may be applied. Force majeure means unusual and unforeseeable circumstances beyond the control of the travel agent or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which we or the supplier of services, even with all due care, could not have foreseen or forestalled. This includes Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against us or any other reason beyond our control. In these circumstances we cannot pay any compensation, reimburse expenses, or cover losses for any amount. Nor can we otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your package after departure or if we, or our suppliers, cannot supply your package as we, or they, had agreed or if you suffer any loss or damage of any description.
9. Group Holidays
Some of our holidays are based on a minimum number of participants and in the unlikely event that these numbers are not reached we reserve the right to cancel the trip and refund all payments made. Prices are subject to increase if the group size is reduced.
Details of airlines, flight numbers/schedules and destination airports will be shown on your confirmation invoice. We regret we are unable to guarantee specific aircraft types or airline. A flight described as ‘direct’ will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. We are not liable if there is any change to a departure/arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights with the airline 24 hours prior to departure.
We strongly recommend that you take out adequate travel insurance. We recommend that you read the terms of your travel insurance to satisfy yourself as to the fitness of cover.
12. Making a Booking - Lead Passenger Name / Other Passenger Names
When you make a booking you guarantee that, as the lead name, you have the authority to accept and do accept, on behalf of your party, the terms of these booking conditions and those of any suppliers. The person making the booking becomes responsible for the payment of the total price of the arrangements for all passengers shown on the confirmation invoice. It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately.
13. Changing You Arrangements
If you wish to change any item – other than increasing the number of persons in your party – and providing we can accommodate the change, you will have to pay an Amendment Fee per person. These fees can vary greatly and you will be advised of them at the time changes are made. Changes must be confirmed to us in writing. From time to time we are required to collect additional taxes. You will be informed of any additional taxes prior to ticket issue.
14. Alterations To Your Booking Made By You
Any alterations made by you will be treated as a cancellation and rebooking and the cancellation charges set out in paragraph 15 below will be payable. All prices quoted are per person.
Should you or any member of your party be forced to cancel your holiday, we must be notified, in writing, by the person who made the booking and who is therefore responsible for the payment of the cancellation charges.
The following scale shows the minimum charges that will be applied, based on the day the written cancellation is received and whether documents have been issued. In certain cases cancellation charges, if incurred involuntarily, will be covered by your travel insurance. We therefore strongly recommend that you arrange travel insurance for your trip either at the time of booking or beforehand. Cancellation charges are calculated from the date we receive the written notice of cancellation. The amount of the cancellation charge is shown below as a percentage (%) of the total holiday cost.
More than 42 days prior to departure…………..Deposit (non-refundable)
29-42 days prior to departure …………………….50%
15-28 days prior to departure …………………….70%
1-14 days prior to departure ………………………100%
After ticket issue: Cancellation will result in the loss of 100% of the total cost of all travel arrangements in most cases. Please consult your travel reservation consultant. Charter flights carry 100% cancellation fee both before and after ticket issue.
16. Travel Documentation
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for any documents to be sent as hard copies in the post. The delivery address for all documentation will be that given at the time of booking. Vouchers will be emailed/faxed/posted to you direct. Please note that it is your responsibility to ensure receipt/collection of all travel documents.
17. Passport, Visa and Immigration Requirements
It is your responsibility to ensure that you and all those travelling with you fulfil the passport, visa and other immigration requirements applicable to your trip. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 6 weeks. Passport and visa regulations and health requirements can change at any time and we therefore recommend that you check these with the relevant Embassy, High Commission or Consulate of the countries you intend to visit. Up to date information can also be found at the UK Foreign and Commonwealth Office website at http://www.fco.gov.uk. As a precaution, we recommend that your passport is valid for at least 6 months prior to your departure date. We do not accept any responsibility if you or any member of your party are unable to travel due to not complying with any such requirements.
18. Travel Advice and Vaccinations
For up to date UK Government health travel advice for the countries you intend to visit (including passport and visa requirements), please refer to the advice posted by the Foreign and Commonwealth Office. Their website can be found at http://www.fco.gov.uk. Please note that vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged the necessary vaccinations for your itinerary.
19. Deposits Required by Hotels/Resorts
Most hotels and resorts will ask guests to pay a refundable deposit at the beginning of their stay. The amount of the deposit can vary from one establishment to another and will be taken either as cash or from a debit or credit card.
20. Accuracy of Information
Descriptions of accommodation, facilities and services we provide are based on information obtained from our suppliers. Outside of peak season it is common for some facilities and services to be less widely available. Sometimes the facilities described may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, for example water sports, may not be available all year round. There may be a charge for some facilities, for example safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate guests, so please bear this in mind when choosing your destination and accommodation.
21. Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you have a complaint whilst you are on holiday, you must inform the relevant supplier (for example our local representative, your hotel or tour operator) immediately. They will do their best to put things right. Should they be unable to resolve the matter locally, please contact Luxury Holidays To on telephone number +44 (0)20 3 519 2424 or email firstname.lastname@example.org. It is unreasonable to say nothing or to take no action whilst you are on holiday, but then to write a letter of complaint when you return. It is strongly recommended that you communicate any complaint to the supplier (i.e. Hotelier) as well as to us (Luxury Holidays To) without delay and complete a report form whilst in resort detailing the incident. If your complaint has not been resolved locally, or if you wish to complain when you return home, you must do so within 4 weeks of your return date by emailing or writing to us at the address on your invoice, giving your booking reference and all other relevant information. If you fail to follow this 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 become ill or have an injury whilst on holiday, you must report this to the relevant supplier (Hotelier) and to us via email or telephone immediately to ensure that appropriate assistance can be provided. You must also consult a local doctor and make arrangements to visit your GP when you return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
You must not act in a fraudulent manner regarding any reported illnesses. You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payments made to you in connection with the associated claim.
23. Construction Work
Due to new developments, particularly in UAE there is a large amount of construction work taking place which may be in the vicinity of or visible from your hotel. This may result in certain services or facilities being unavailable. There may be minor refurbishment and maintenance being carried out at properties and most of these won't affect your holiday adversely. When possible, we will let you know of these in advance and provide you with alternative options. We regret that we have no control over the construction works at or around the destination that you book and cannot accept liability if the enjoyment of your holiday is adversely affected.
You accept responsibility to ensure that you & the members of your party do not behave in a way which causes offence to others or risks any loss or damage to property belonging to others. Payments for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. You indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your arrangements without notice. In this situation your total booking with us, including your return transportation arrangements, will immediately cease and we will not be responsible for paying any costs, expenses, refunds or compensation.
25. Data Protection
We are committed to protecting your privacy and information. The information that we use is for the purpose of fulfilling our contract as a travel agent. Information that you provide will be held on our computers (and in other ways) for use by us for the following purposes:
(i) Booking Information;
(ii) Information about you (and your travelling party) may be passed to holiday providers;
(iii) Information supplied by you may in certain instances be disclosed to other parties for the purpose of fraud prevention and/or debt collection;
A copy of your personal information held by us can be provided on request. You have the right to have any inaccurate personal information rectified or erased. Please note that airlines are required by laws introduced in some countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary. Due to Data Protection we can only discuss matters relating to your booking with the person making the booking or any other person specified in the booking agreement.
26. Your Arrangement With Us
By proceeding with your booking, you are accepting that the terms of this Agreement and conditions of any contract made with any suppliers (e.g. hotels) apply to your booking and your travel arrangements.
27. Law and Jurisdiction
Legal Jurisdiction: We accept the jurisdiction of the courts in the part of the UK in which the client is domiciled. For clients not domiciled in the UK, the courts of England and Wales shall have sole jurisdiction.