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Dlpgroups.com South Quay Travel & Leisure Limited Booking Conditions
All holidays to Disneyland Resort Paris are organised and offered for sale in the
United Kingdom by South Quay Travel & Leisure Limited.
Holidays not involving air travel are financially protected by South Quay Travel &
Leisure Ltd’s bond with ABTA. Membership Number V9945. In the unlikely event of our
insolvency, ABTA will ensure that you are not left stranded abroad and will arrange to
refund any money paid to us for an advance booking.
Holidays involving air travel are financially protected by South Quay Travel &
Leisure Ltd’s bond with the Civil Aviation Authority ATOL 4619. The CAA will financially
protect your holiday in the same way.
These conditions govern the contract between you and South Quay Travel & Leisure
Limited (ATOL 4619) and (ABTA V9945) (“South Quay”), (“us”). By booking a holiday
with us, you are accepting South Quay’s booking conditions.
1. Booking
To make a booking you will need to either a) complete and sign a Booking Form or b)
tick the relevant box on our web-site to confirm that you agree to our terms and
conditions. We do accept Visa & MasterCard for Credit Card payments and charge a 2%
fee for this facility. Debit Card payments are free (Visa Delta & Switch). We also
accept American Express and charge a fee of 3% for this service.
Once we have received your Booking and all appropriate payments, we will, subject to
availability, confirm your holiday by issuing a confirmation invoice. A binding contract
between us comes into existence when we dispatch our confirmation invoice to the party
leader. Your balance payment is due no later than 56 days prior to departure, for which we
will not issue a reminder. If we do not receive all payments due (including any surcharge
where applicable) in full and on time, we reserve the right to treat your booking as
cancelled by you. In this case the cancellation charges set out in clause 2 below will be
payable. When you sign your Booking Form or agree to our Terms & Conditions via this
web-site you are legally confirming to us that you have read and accepted these
conditions.
2. Cancellation By You
Cancellation by you must be in writing and takes effect on the date received by us. Charges are levied according to the following scale:
Packages NOT involving transport
More than 31 days before arrival LOSS OF DEPOSIT
30 – 15 days before arrival 50%
Less than 15 days before arrival 100%
Packages WITH transport
More than 31 days before arrival LOSS OF DEPOSIT PLUS any non-refundableair or
Eurostar costs
30 – 15 days before arrival 50%
Less than 15 days before arrival 100%
Your group must consist of at least 12 passengers occupying at least 3 rooms. Any
reduction in passenger numbers later than 31 days before arrival will be charged as a
cancellation in accordance with the above scale.
3. Changes and Cancellation By Us
Occasionally, we have to make changes to and correct errors on our web-site both before
and after bookings have been confirmed. We may also have to cancel confirmed bookings.
Whilst we always endeavour to avoid changes and cancellations, we must reserve the right
to do so.
Most changes are minor. Occasionally, we have to make a “significant change”. If we
make a significant change before departure (i.e. a change of accommodation to that of a
lower official classification or standard for the whole or a major part of the time you
are away, a change of scheduled outward departure time of twelve or more hours or a change
of UK departure point to one which is significantly less convenient for you – all other
changes are minor changes.) we will tell you as soon as possible. If there is time to do
so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements
(b) purchasing an alternative holiday from us, of a similar standard to that originally
booked if available. If the chosen alternative is more expensive you may be asked to pay
the difference, but if it is cheaper, you will receive a pro rata refund.
(c) cancelling or accepting the cancellation in which case you will receive a full and
quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel, we will pay you reasonable
compensation, if appropriate depending on the circumstances and when the significant
change or cancellation is notified to you subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the above mentioned
choices can be accepted where we are forced to make a change or cancel as a result of
unusual and unforeseeable circumstances beyond our control, the consequences of which we
could not have avoided even with all due care or where we are forced to cancel due to an
insufficient number of people having booked the holiday in question.
No compensation will be payable and the above options will not be available if we
cancel as a result of your failure to comply with any requirement of these booking
conditions entitling us to cancel (such as not paying on time or your group dropping below
the minimum number required to be classified as a group) or if the change made is a minor
one.
Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we
cannot accept liability or pay any compensation where the performance or prompt
performance of our contractual obligations is prevented or affected by or you otherwise
suffer any damage or loss (as more fully described in clause 5 (1) below) as a result of
“force majeure”. In these Booking Conditions, “force majeure” means any event
which we or the supplier of the service(s) in question could not, even with all due care,
foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual
or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse
weather conditions, fire and all similar events outside our control.
4. Alteration By You
Bookings with Transportation
Once the confirmation invoice has been issued, any alteration to a booking that
includes transportation will attract an administration fee of
£10 per passenger. You must also pay any costs incurred by ourselves and any costs
incurred or imposed by any of our suppliers e.g. name change fees from low-cost airlines.
Upon payment of this administration fee and provided there are more than 8 weeks before
departure, a passenger may transfer his or her booking to anyone who satisfies the Terms
and Conditions. Any name change within 8 weeks of departure will be treated as a
cancellation and charged in accordance with clause 2. However, if a booking is altered
such that all of the passengers on the original booking are replaced by different
passengers and then this will be treated as a cancellation irrespective of the period
before departure and will incur the charges in accordance with clause 2.
Bookings without Transportation
You may make changes up to 31 days before travel providing that you retain at least 12
passengers occupying at least 3 rooms. Any changes after 31 days will result in
cancellation charges being levied
5. Our Responsibility
(1) We promise to make sure that the holiday arrangements we have agreed to make,
perform or provide as applicable as part of our contract with you are made,performed or
provided with reasonable skill and care. This means that, subject to these booking
conditions, we will accept responsibility if, for example, you suffer death or personal
injury or your contracted holiday arrangements are not provided as promised orprove
deficient as a result of the failure of ourselves, our employees, agents or suppliers to
use reasonable skill and care in making, performing or providing, as applicable, your
contracted holiday arrangements. Please note it is your responsibility to show that
reasonable skill and care has not been used if you wish to make a claim against us. In
addition, we will only be responsible for what our employees, agents and Suppliers do or
do not do if they were at the time acting within the course of their employment (for
employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss
of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever
which results from any of the following: -
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party
or
the act(s) and/or omission(s) of a third party not connected with the provision of your
holiday and which were unforeseeable or unavoidable or
‘force majeure’ as defined in clause 3 above
(3) Please note, we cannot accept responsibility for any services which do not form
part of our contract. This includes, for example, any additional services or facilities
which your hotel or any other supplier agrees to provide for you where the services or
facilities are not advertised on this website and we have not agreed to arrange them and
any excursion you purchase in resort. In addition, regardless of any wording used by us on
our website, in any of our brochures or elsewhere, we only promise to use reasonable skill
and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange
as part of our contract - and the laws and regulations of the country in which your claim
or complaint occurred - will be used as the basis for deciding whether the services in
question had been properly provided. If the particular services which gave rise to the
claim or complaint complied with local laws and regulations applicable to those services
at the time, the services will be treated as having been properly provided. This will be
the case even if the services did not comply with the laws and regulations of the UK which
would have applied had those services been provided in the UK. The exception to this is
where the claim or complaint concerns the absence of a safety feature which might lead a
reasonable holiday maker to refuse to take the holiday in question.
(5) As set out in these booking conditions we limit the maximum amount we may have to
pay you for any claims you may make against us which do not involve personal injury,
illness or death. Except where loss of and/or damage to luggage or personal possessions is
concerned if we are found liable to you on any basis the maximum amount we will have to
pay you is twice the price (excluding insurance premiums and amendment charges) paid by or
on behalf of the person(s) affected in total unless a lower limitation applies to your
claim under clause 5(6) below. This maximum amount will only be payable where everything
has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal
injury) concerns or is based on any travel arrangements (including the process of getting
on and/or off the transport concerned) provided by any air, sea, rail or road carrier or
any stay in a hotel, the maximum amount of compensation we will have to pay you will be
limited. The most we will have to pay you for that claim or that part of a claim if we are
found liable to you on any basis is the most the carrier or hotel keeper concerned would
have to pay under the international convention or regulation which applies to the travel
arrangements or hotel stay in question (for example, [the Warsaw Convention as amended or
unamended and the Montreal Convention for international travel by air and/or for airlines
with an operating licence granted by an EU country, the EC Regulation on Air Carrier
Liability No 889/2002 for national and international travel by air], the Athens convention
for international travel by sea). Please note:
Where a carrier or hotel would not be obliged to make any payment to you under the
applicable International Convention or Regulation in respect of a claim or part of a
claim, we similarly are not obliged to make a payment to you for that claim or part of the
claim. When making any payment, we are entitled to deduct any money which you have
received or are entitled to receive from the transport provider or hotelier for the
complaint or claim in question. Copies of the applicable International Conventions and
Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other
sum(s) of any description (1) which on the basis of the information given to us by you
concerning your booking prior to our accepting it, we could not have foreseen you would
suffer or incur if we breached our contract with you or (2) which did not result from any
breach of contract or other fault by ourselves or our employees or, where we are
responsible for them, our suppliers. Additionally we cannot accept liability for any
business losses.
(8) You must provide ourselves and our insurers with all assistance we may reasonably
require. You must also tell us and the supplier concerned about your claim or complaint as
set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any
rights you have against the supplier or whoever else is responsible for your claim or
complaint (if the person concerned is under 18, their parent or guardian must do so). You
must also agree to cooperate fully with us and our insurers if we or our insurers want to
enforce any rights which are transferred.
6. Suppliers’ Conditions
Many of the services which make up your holiday are provided by independent suppliers.
Some of these terms and conditions may limit or exclude the supplier’s liability to
you, usually in accordance with applicable International Conventions (see clause 5 (6)).
Copies of the relevant parts of these terms and conditions are available on request from
ourselves or the supplier concerned
7. Passports, Visas & Travel Documents
A full 10 year British passport is required for all our holidays. If you do not hold a
valid 10 year British passport, please note it can take up to twelve weeks to obtain a new
one. If you or any member of your party is not a British citizen or holds a non British
passport, you must check passport and visa requirements with the Embassy or Consulate of
the country(ies) to or through which you are intending to travel. You must ensure you have
the correct travel documents in your possession before departure, failing which you will
be liable for any costs, which you or we may incur as a result. Please note that, very
occasionally, a last minute change may entail entering an additional country. Please note
children must now have their own passport. For all passport enquiries contact the UK
Passport Agency on 08705 210 410 or www.ukpa.gov.uk.
South Quay Travel & Leisure cannot accept responsibility for any problems that may
occur with visa application or refusal to accept passengers due to passport or visa
irregularities. Any cancellation that arises due to visa/passport requirement will be
subject to these booking conditions.
8. Health, Security & Safety
At the time of this website going live, no inoculations are required by British
passport holders travelling from the UK on any of the arrangements we make. Circumstances
can change though, and you should check up to date requirements with your GP or us before
you depart. It is your responsibility to ensure that you are fit to travel and to take all
necessary medication etc. with you. It is also your responsibility to avoid any behaviour,
which may cause offence or injury to anyone or damage any property. If you fail to meet
these responsibilities, you will be liable for any costs whatsoever you may incur as a
result. In particular, if you fail to behave in an acceptable manner, you may be refused
travel or continuation of travel in which case our responsibility to you will cease. You
will have to meet any additional costs which may arise (including replacement transport or
accommodation) and you will not be entitled to any refund or reimbursement.
9. Insurance
It is a condition of booking with us that you take out appropriate travel insurance. We
can offer fully comprehensive insurance at reasonable rates (please contact us), which
includes cover for cancellation charges and the cost of assistance, including
repatriation, in an emergency. If you do not purchase our insurance you must arrange your
own insurance of at least comparable standard. If you do not, we reserve the right to
refuse travel to you; you will be deemed to have cancelled on the day of departure and the
relevant cancellation charges will apply.
10. Prices
Our current prices are calculated on exchange rates known on the 2nd July 2007 (Source:
Barclays Bank Plc). We reserve the right to make changes to and correct errors in
advertised prices at any time before your holiday is confirmed. We will advise you of any
error of which we are aware and of the then applicable price at the time of booking. Once
the price of your chosen holiday has been confirmed at the time of booking, we will only
increase or decrease it in the following circumstances. Price increases or decreases after
booking will be passed on by way of a surcharge or refund. A surcharge or refund (as
applicable) will be payable, subject to the conditions set out in this clause, if our
costs increase or decrease as a result of transportation costs (e.g. fuel, scheduled
airfares and any other airline surcharges which are part of the contract between airlines
(and their agents) and the tour operator) or dues, taxes or fees payable for services such
as landing taxes or embarkation or disembarkation fees at ports or airports increasing or
decreasing or our costs increase or decrease as a result of any changes in the exchange
rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of the increase in our costs exceeds 2% of
the total cost of your holiday (excluding insurance premiums and any amendment charges),
will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday
(excluding insurance premiums and any amendment charges), you will be entitled to cancel
your booking and receive a full refund of all monies you have paid to us (except for any
amendment charges) or alternatively purchase another holiday from us as referred to in
“Changes and Cancellations by us”. Although insurance (where purchased through us)
does not form part of your contract with us or of any “package”, we will consider an
appropriate refund of any insurance premiums you have paid us if you can show you are
unable to use/reuse or transfer your policy in the event of cancellation or purchase of an
alternative holiday. 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.
A refund will only be payable if the decrease in our costs exceeds 2% as set out above.
Where a refund is due, we will pay you the full amount of the decrease in our costs. You
have 14 days from the issue date printed on the surcharge invoice to tell us if you want
to cancel or purchase another holiday. If you do not tell us that you wish to do so within
this period of time, we are entitled to assume that you will pay the surcharge. Any
surcharge must be paid with the balance of the cost of the holiday or within 14 days of
the issue date printed on the surcharge invoice, whichever is the later. We promise not to
levy a surcharge within 30 days of the start of your holiday.
Please note, changes and errors occasionally occur. You must check the price of your
chosen holiday at the time of booking.
11. Timings & Delays
Timings are estimates only and cannot be guaranteed, even if shown on tickets. They may
be changed due to regulatory authority requirements, weather conditions, maintenance or
technical reasons, and the ability of passengers to check in and board on time. Sometimes
delays cannot be avoided but in such situations, in conjunction with our local agents or
representatives, will use our best endeavours to ensure your comfort during the course of
any delay.
12. Complaints
If there is a problem during your holiday, you must report it immediately to the
relevant airline, ground handler, hotelier or other supplier, so that prompt efforts can
be made to resolve the problem. In the unlikely event that a problem cannot be resolved at
the time and you wish to complain, you must send us full written details within 28 days of
your return. Failure to take either or both of these steps will prejudice our ability to
resolve your problem and / or investigate it fully. In consequence, any right to
compensation you may have will be extinguished or, at the very least, substantially
reduced.
13. Law & Jurisdiction
This contract and all matters arising out of it are governed by English law. We both
agree that any dispute, claim or other matter which arises out of or in connection with
this contract or your holiday will be dealt with under the ABTA Arbitration Scheme (if the
scheme is available for the claim in question - see clause 14 - Arbitration ) or by the
Courts of England and Wales only.
14. Arbitration
If you have a complaint which cannot be resolved to your satisfaction, you may decide
to have the dispute dealt with by arbitration under a special ABTA Arbitration Scheme.
Although arranged by ABTA, this Scheme is administered quite independently by the
Chartered Institute of Arbitrators. The Scheme (details of which can be supplied to you on
request) provides for a simple and inexpensive method of arbitration with the case being
decided on the basis of written statements and documents only. Your liability to pay any
costs is also restricted. The most which can be claimed under this scheme is £5000 per person up to a maximum of £25,000 per booking.
It does not generally apply to personal injury claims except those involving minor injury
or illness where the maximum amount which can be claimed is
£1,000 per person. If you wish to use the Scheme, you must request this in writing
within 9 months of the scheduled end of your holiday.
15. Injury, illness or death not resulting from the holiday arrangements
If you or any member of your party suffers illness, injury or death, through
misadventure, as a result of an activity which does not form part of your contracted
holiday arrangements, we will provide you with all reasonable assistance. This assistance
may include our making a contribution towards your initial legal costs in taking action
against the person(s) responsible providing you request this within 90 days of the
incident in question.
All assistance (financial or otherwise) is subject to our reasonable discretion and a
maximum total cost to ourselves of £5,000 per booking form.
If you are entitled to have any costs and expenses arising from such an incident
met by or from any insurance policy or if you obtain a costs order against anyone in
relation to the incident, you must repay to us the costs and expenses we spend in
assisting you.
16. Flights
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring
to your attention the existence of a “Community list” which contains details of air
carriers that are subject to an operating ban with the EU Community. The Community list is
available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm.
In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if
the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at
the time of booking. Where we are only able to inform you of the likely carrier(s) at the
time of booking, we shall inform you of the identity of the actual carrier(s) as soon as
we become aware of this. Any change to the operating carrier(s) after your booking has
been confirmed will be notified to you as soon as possible. We are not always in a
position at the time of booking to confirm the aircraft type and flight timings which will
be used in connection with your flight. The flight timings and types of aircraft shown on
your confirmation invoice are for guidance only and are subject to alteration and
confirmation. The latest timings will be shown on your tickets which will be dispatched to
you approximately two weeks before departure. You must accordingly check your tickets very
carefully immediately on receipt to ensure you have the correct flight times. It is
possible that flight times may be changed even after tickets have been dispatched - we
will contact you as soon as possible if this occurs. Any change in the identity of the
carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to
other arrangements without paying our normal charges except where specified in these
conditions.
If the carrier with whom you have a confirmed reservation becomes subject to an
operating ban as above as a result of which we/ the carrier are unable to offer you a
suitable alternative the provisions of clause 8 (Changes and cancellation by us) will
apply.
Please note: Information incidental to your booking is offered in good faith and may
include subjective judgements. We make every effort to ensure complete accuracy, but
cannot accept responsibility for the consequences of any errors or omissions. You should
ask for confirmation if anything is unclear. Information and prices are as accurate as we
can make them at the time of this website going live. Despite our care, it is possible
with the volume of material concerned that errors or omissions therein may be identified
by us following publication, or that a change in circumstances outside our control
following publication may render currently accurate information or prices therein as
inaccurate. In such circumstances and should we become aware of the need to revise
information or prices therein, we may do so by informing you before we accept your
booking. In this case the revised information or prices will be considered to form part of
our contract with you as if they had originally been printed in our brochure.
17. Special requests and medical problems
If you have any special request, you must advise us in writing at the time of booking.
Although we will endeavour to pass any reasonable requests on to the relevant supplier, we
regret we cannot guarantee any request will be met unless we have specifically confirmed
this. For your own protection, you should obtain confirmation in writing from us that your
request will be complied with (where it is possible for us to give this) if your request
is important to you. Confirmation that a special request has been noted or passed on to
the supplier or the inclusion of the special request on your confirmation invoice or any
other documentation is not confirmation that the request will be met. Unless and until
specifically confirmed, all special requests are subject to availability.
We regret we cannot accept any conditional bookings, i.e. any booking which is
specified to be conditional on the fulfilment of a particular request. All such bookings
will be treated as “standard” bookings subject to the above provisions on special
requests.
18. Safety standards
Please note, it is the requirements and standards of the country in which any services
which make up your holiday are provided which apply to those services and not those of the
UK. As a general rule, these requirements and standards will not be the same as the UK and
may sometimes be lower.
19. Data Protection Act 1998
Information provided by you to us in connection with your holiday will be held by South
Quay Travel and Leisure Ltd in accordance with the Data Protection Act 1998. It will be
used for reservations, bookings, ticket issue, compilation and circulation of passenger
lists, marketing of other programmes and promotional offers and for travel insurance
purposes. You may have a copy of the personal information held about you by contacting us
in writing at any time. If you wish to be deleted from our database, please inform us and
you will be deleted immediately.
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