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Air Travel Advisory Bureau (ATAB) (Agent Brand) is a brand name of [Lupus Travel LTD ] who's registered office is at [Lynton House – 7/12 Tavistock Square – London WC1H 9BQ Agent Address].
No verbal alteration can be made to the terms and conditions described in this brochure. Any such change must be confirmed by us in writing.
1. BOOKING [return to top]
Having selected the holiday of your choice you should complete and sign the booking form and send it to us or hand it to your Travel Agent together with a deposit of 75 GBP per person (including children). If you book through a Travel Agent who is authorized to act as our agent, any money you pay to them before we have issued our confirmation invoice will be paid and held on our behalf as an indication of your intention to enter into a contract with us. If you pay by Credit Card, we reserve the right to make a charge of up to 2% subject to a minimum of 5.00 GBP to cover charges made to us for each payment in this way. The contract between the client and us comes into existence on the date shown on the confirmation invoice. This contract is governed by UK law and all disputes are subject to the exclusive jurisdiction of the Courts of England and Wales, or by the Courts of Scotland or Northern Ireland (unless referred to arbitration). We reserve the right to refuse a booking without any given reason. All bookings for holidays including flights will be protected by our ATOL bond. Accommodation only and bookings including Eurostar or Channel Crossing will be protected by our ABTA bond.
2. PAYMENT OF THE BALANCE [return to top]
Following receipt of your booking form and deposit we will confirm your holiday and send you or your Travel Agent an invoice. The balance of payment must be paid at least eight weeks before departure. Failure to settle the invoice by that date may result in us canceling your holiday and retaining your deposit (see section 5 below). For bookings made within eight weeks of departure date, you will be required to pay the full cost of your holiday at the time of booking.
3. INSURANCE [return to top]
It is a condition of our accepting your booking that you take out adequate insurance at the time of booking. You must therefore pay all applicable premiums for the insurance we offer or alternatively produce written evidence that you have taken out an alternative insurance cover of either comparable or greater cover to that offered by ourselves at the time of booking. It is your responsibility to check that the insurance policy you take out is adequate for your particular need s and to take out additional cover if required.
4. ALTERATION BY YOU TO YOUR BOOKING [return to top]
If after booking your holiday you decide to alter any details of a confirmed booking or modify one of your itineraries, an amendment fee of 15.00 GBP per person (up to 50.00 GBP) will be payable in addition to any increase in the cost of the revised arrangements if the amendment can be made. You must further meet any costs or charges which we incur or which are incurred or levied by our suppliers as a result of the amendment. Any amendments to travel arrangements (including name changes) requested 42 days or less before departure will be treated as cancellation by you of the original booking. Any amendments made to ground arrangements are subject to the charges set out in Paragraph 5 (Cancellation By You). Subject to the other terms of these booking conditions, no refunds will be made in respect of any accommodation or other services which are not used for whatever reason.
5. CANCELLATION BY YOU [return to top]
It is agreed between us that should you wish to cancel all or part of your booking, or the booking is cancelled by us due to non-payment, then we shall be entitled to the percentage of the total holiday cost of the person (s) canceling (except for insurance premiums) shown below, subject to the further stated conditions relating to holiday using scheduled flights.
57 days or more before departure Deposit
- 56 - 29 days before departure 30%
- 28 - 15 days before departure 45%
- 14 - 0 days before departure 100%
For holiday using scheduled flights 100% cancellation charges may apply on tickets if you have to cancel once the seats are booked.
Cancellation charges are calculated from the date we receive the written notification in our office, either from you or your Travel Agent.
6. CANCELLATION & ALTERATIONS BY US [return to top]
We will not cancel your holiday within eight weeks of your departure, unless caused by events beyond our control or unless you have not paid the final balance. If we are obliged to cancel your holiday more than eight weeks before departure we will either return all the money you have paid us or offer you an alternative holiday of a similar standard at the current price. Most changes are minor. Occasionally we have to make a significant change. A significant change is one that we make to your holiday arrangements before departure that involves changing your outbound airport (excluding a change involving airports in the same city (i.e. Heathrow, Gatwick,) resort area, time of departure or return by more than 12 hours, offering accommodation with a lower official classification. In the event of a major change, we will inform you or your agent at the earliest possible opportunity. In such cases we will of course make every endeavor to offer you an alternative of at least equal official classification. In the event of a major change being made less than 56 days before your original departure date, we will pay you compensation of 10.00 GBP per person. In the event of a major change being made less than 14 days before departure we will pay you compensation of 20.00 GBP per person. If however the alternative(s) which we offer you is (are) not acceptable, a full refund of all money paid to us will be made and if the major change has been made within 56 days before departure, as above, we will pay you compensation of 10.00 GBP per person. Infants are not eligible for compensation payment. Neither do they apply in the case of flight delay after check-in, which is covered separately by our Holiday Insurance scheme. No compensation payments apply under circumstances amounting to force majeure and/or act of God.
7. TERMINATION AND INDEMNITY [return to top]
You must accept responsibility for the proper conduct of yourself and any members of your party while on your holiday. In cases of serious misconduct we reserve the right to terminate your holiday or that of any member of your party. If we do so, we shall have no further responsibility or liability to you. If you or any member of your party willfully, recklessly or negligently cause any damage to any accommodation, property or person or cause any delay to or diversion of any flight or other means of transportation, you agree to indemnify us against any loss suffered by us, including legal costs, arising from such damage, delay or diversion. For those who participate in organized sports activities it should be understood that participation is at the individual own risk.
8. PRICE POLICY [return to top]
We guarantee that the price of your holiday will not be subject to any surcharge except for fuel surcharges or those resulting from Government action. Even in this case, we will absorb an amount equivalent to 2 per cent of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2 per cent will be surcharged, but where a surcharge is payable there will be an administration charge of 50p together with an amount of cover agents' commission. If this means paying more than 10 per cent on 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.
9. COMPLAINTS AND ARBITRATION [return to top]
If you or any member of your party have a problem during your holiday and feel you have cause for complaint, you should report the matter in the first instance to the owner or the manager of the property or the agent, who will do their best to help you. If your complaint cannot be completely resolved locally, you must obtain written confirmation from the owner/manager/local agent of the complaint lodged. Please follow this up within 28 days of your return home by writing to our Managing Director, giving your original booking reference and all other relevant information. It is therefore a condition of this contract that you communicate any problem to the supplier of the services on question
WHILST IN RESORT and obtain written confirmation of the complaint lodged. Failure to follow this procedure deprives us of the chance to investigate and rectify the problem and may affect the outcome of the complaint . Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme arranged by the Association of British Travel Agents, and administered independently by t he Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you 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 sterling per person. There is also a limit of £15,000 sterling per booking. Neither does 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 elements of minor injury or illness subject to a limit of £1,000 sterling 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 nine 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 an agreement. It must be noted that ABTA protection does not apply to any links/frames to non-member sites from this site.
10. OUR LIABILITY TO YOU [return to top]
We cannot guarantee the accuracy of any hotel or resort leaflet which is not published by us but may be supplied as an additional service to the client. We undertake to exercise all due diligence to ensure that the holiday booked by you is provided in accordance with the contract between us and we accept responsibility for any loss or damage caused to you as a result of the negligence or default of ourselves or of any person or persons directly employed by us. In addition we accept further liability as set out in the following paragraphs:
11. CONDITION OF CARRIAGE [return to top]
(i) Quality
We are happy to accept responsibility for any act and or omission by our suppliers or agents which results in a serious shortfall in the quality or standard of the holiday. Please note however that we restrict our liability in respect of air and sea carriers to the limits imposed by international conventions.(ii) Injury or loss
(a) Arising out of the holiday package
While we have no direct control over the providers of services, we do accept responsibility for any personal illness, injury or death which results from the negligent (as the word is understood in English law) acts or omissions of any servants or agents, or any supplier, contracted or sub-contracted, working on our behalf in the provision of services of facilities to our Customers. Please note however that we do not accept liability for any air or sea carriers, whose individual conditions of carriage apply, often subject to international agreements. If we make compensation or financial assistance to you or any other individual named on the booking form in respect of any loss, damage, injury, illness, or death caused by any other person we will be entitled to claim in place of you or the individual against the person responsible up to the paid by us. This means that you and each such individual agrees to assign the relevant part of their rights to us and that we will be subrogated to those rights.(b) Not arising out of the holiday package Should you or any member of your party have the misfortune to suffer illness, injury or death during the period of your holiday arising out of an activity that does not form part of the holiday arrangements made by us, we shall give you every help that we can by way of advice, guidance and initial financial assistance, where appropriate, up to a maximum value of 5000 GBP per booking form, providing such assistance is requested within 90 days of the date of misadventure. In addition if the person concerned is successful in obtaining a costs order against any third party or is able to claim under any insurance policy they may have, we shall be entitled to recoup from that person the costs actually incurred by us.
(iii) Force Majeure
Please note that we cannot accept liability or responsibility for any alteration, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist activity, industrial disputes, natural or nuclear disasters adverse weather conditions, flood, drought, government action, airport and port regulations and closure, and all similar events outside our control amounting to a "Force majeure" and/or act of God.
Your data controller is Lupus Travel. You are entitled to a copy of the information held by us. If you would like to see this please contact us.
14. CONSUMER PROTECTION [return to top]
The air holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organiser's License granted by the Civil Aviation Authority. Our ATOL number is ATOL 2551. 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. For further information, visit the ATOL website at www.atol.org.uk
15. CUSTOMER REFUNDS [return to top]
If any customer believes they are entitled to any form of refund, a written application, detailing reasons for the refund request and any documentary proof, must be recieved by us within 3 months after the return date of travel. Only requests received within this timeframe will be considered. All requests for refunds are treated on a case by case basis.
16. TELEPHONE CALLS [return to top]
Please note that telphone calls to our offices may be monitored and recorded for training and quality purposes.