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Your
contract is with Clare Travel, registered
in England as GW Clare Ltd (361549) - registered office:
32 Kingstanding Centre, Kingstanding, Birmingham B44 9HJ
for whom Diamond Bridge acts as an agent. We have arranged
a bond lodged with the Civil Aviation Authority (CAA) for
all our holidays and travel arrangements and we hold Air
Travel Organisers Licence (ATOL) number 3298. This means
that when you book a holiday with us it means that you can
be entirely confident that in the unlikely event of our
insolvency before or during your holiday any money you have
paid us is fully secured, and if you are overseas, that
full arrangements will be made to repatriate you at the
end of your holiday.
1. When you wish to book a holiday you
must sign a booking
form accepting these conditions on behalf of
your party and pay a deposit of £140 per person, plus
the appropriate insurance premium. Under the terms of the
contract all clients are required to purchase suitable travel
insurance, which must include the costs of repatriation.
A contract will exist when we issue our confirmation invoice.
2. After your booking
form and deposit are received a confirmation
invoice will be sent to you detailing the full cost due.
Full payment is due at least 11 weeks prior to departure.
If you do not pay 11 weeks before departure we reserve the
right to cancel your booking (retaining your deposit) and
cancellation charges will apply. If you make a booking less
than 11 weeks prior to departure you must pay the full cost
of the holiday at the booking stage.
3. If you find that you (or anybody else
named on the booking
form) are prevented from travelling for good
reason and wish to transfer the booking to a third party,
this request must be made in writing and accompanied by
a payment of £25 per person to cover administration
costs, provided that you inform us at least 8 weeks before
departure and subject to us agreeing that the third party
satisfies all the conditions applicable to the holiday.
Alterations made less than 8 weeks before departure will
be treated as cancellations and will be subject to the cancellation
charges set out in paragraph 4 below. Where we agree to
a third party taking over the booking, both you and the
third party will be responsible for payment of the price
of the holiday and any additional costs arising from the
transfer.
4. If you or anyone on your holiday booking
decides to cancel the holiday we must be notified of the
decision in writing. The cancellation will take effect from
the day that the written cancellation is received. As this
incurs administrative costs, we will retain your deposit
and in addition will apply cancellation charges up to the
maximum shown below, based on when the written notification
of cancellation is received.
|
More than 56 days prior to departure |
Deposit only |
| 29-56
days |
50% of total holiday cost |
| 22-28
days |
70% of total holiday cost |
| 8-21
days |
90% of total holiday cost |
| 0-7
days |
100% of total 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.
5.
If you have a problem during your holiday, please immediately
inform the supplier (e.g. hotel) and our representative
in the resort who will endeavour to put things right. If
your complaint cannot be completely resolved locally, you
must complete a report form which can be obtained from our
local representative. Please follow this up within 28 days
of your return home by writing to our Customer Services
Department at 1 Mill Lane, Shenstone, Lichfield WS14 0DP
giving your original booking reference number and all other
relevant information. It is therefore a condition of this
contract that you communicate any problem to the supplier
of the services in question AND to our representative whilst
in resort and obtain a written report form. If you fail
to follow this simple procedure we cannot accept responsibility
as we have been deprived of the opportunity to investigate
and rectify the problem.
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 this contract, which cannot
be amicably settled, may (if you wish) be referred to Arbitration
under a special scheme, which, though devised by arrangement
with the Association of British Travel Agents, is administered
quite 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. The scheme does not
apply to claims for an amount greater than £1500 per
person or £7500 per booking form. Neither 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. If you elect to seek redress under this scheme,
written notice requesting arbitration must be made within
9 months of the scheduled return of the holiday. Full details
are available from the Association of British Travel Agents,
55-57 Newman Street, London W1P 4AH.
6. This holiday is not subject to surcharge,
except in the case of government (e.g. VAT charges), currency
fluctuations and fuel surcharges. Even
in this case we will absorb the first 2% of any increase
(in terms of the total holiday price). Should the increase
exceed 10% of the total holiday price you will be entitled
to withdraw from the contract with a full refund of all
monies except for any payments in respect of insurance premiums.
Should you decide to cancel because of this, you must exercise
your right to do so within 14 days of the issue date printed
on the invoice detailing the surcharges.
7. It is unlikely that we will have to
make any changes to your holiday, but we do plan the arrangements
many months in advance. Occasionally changes may be made,
which we reserve the right to do so at any time. Most of
these changes are minor, and we will advise you at the earliest
possible date. Flight timings and carriers in the brochure
are subject to change as a result of airline procedures
and these details are given for your guidance only. Final
details will be shown on your tickets. If a major change
becomes necessary (a major change is one of which we change
the city of your departure (a change between London airports
is not considered major), a significant change to your destination,
the accommodation (where the new accommodation is of a lower
official classification), or time of departure or return
by more than 12 hours) we will inform you as soon as reasonably
possible if there is time before departure. When a major
change occurs, provided it does not arise from circumstances
amounting to force majeure (see below), you will have the
choice of either accepting the change of arrangements, taking
another holiday from us, or cancelling your holiday and
receiving a full refund. In all cases we will pay compensation
per person of £5 per complete week less than 8, prior
to departure that the major change is made.
Important Note:
Compensation will not be payable if we are forced to cancel
or in any way change your holiday due to war, threat of
war, riot, civil strife,
industrial dispute, terrorist activity, natural or nuclear
disaster, fire, adverse weather
conditions or other circumstances amounting to force majeure.
8.
Since bridge holidays require certain numbers to be meaningful
we reserve the right to cancel any holiday when the number
of playing tables is likely to fall below 8 in the case
of a hotel-based holiday, or 5 in the case of a cruise.
However, in no case will we cancel your holiday less than
56 days before the scheduled departure date except for reasons
of force majeure or failure on your part to pay the final
balance.
9(i). We accept responsibility for ensuring
the holiday which you book with us is supplied as described
in our brochure and the services offered reach a reasonable
standard. If any part is not provided as promised, we will
pay you appropriate compensation if this has affected the
enjoyment of your holiday. 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 will be limited to twice the price
of the holiday of the person making the claim against us.
9(ii). We accept responsibility for death,
injury or illness caused by the negligent acts and/or omissions
of our employees or agents together with 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 holiday. We will accordingly pay
to our clients such damages as might have been awarded in
such circumstances under English law.
9(iii). In respect of carriage by air,
sea and rail and the provision of accommodation our liability
in all cases will be limited in the manner provided by the
relevant international convention.
10. If any client suffers death, illness
or injury whilst overseas arising out of an activity which
does not form part of the foreign inclusive holiday arrangement
or excursion arranged through us, we shall, at our discretion
offer advice, guidance and assistance to help you in resolving
any claim you may have against any third party, provided
we are advised of the incident within 90 days of the occurrence.
Where legal action is contemplated our authority must be
obtained prior to the commencement of proceedings and be
subject to your undertaking to assign any costs recovered
or any benefits received under an appropriate insurance
policy to ourselves. Our costs in respect of the above on
behalf of you and your party shall not exceed £5000
in total.
11. When you travel with the carrier, the
conditions of carriage of that carrier apply, some of which
may limit liability. Our brochure is the responsibility
of the tour operator; it is not issued on behalf of, and
does not commit the airlines mentioned therein or any airline
whose services are used in the course of the tour.
12. The bridge portion or your holiday
will be administered according to the current Laws of Duplicate
Contract Bridge and the regulations laid down by the English
Bridge Union. We therefore accept your booking on condition
that you agree to abide by these rules and regulations.
13. This contract is made on the terms
of these booking conditions which are governed by English
Law and both parties shall submit to the jurisdiction of
English Courts at all times.
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