Even in the above cases, only if the amount of the increase in our costs exceeds 2% of service provided by the transport operator or campsite owner for whom we are not
the total cost of your arrangements (excluding insurance premiums and any amendment responsible) is limited to twice the cost of the booking in question. We do not exclude
charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of or limit any liability for death or personal injury which arises as a result of our negligence
your arrangements (excluding insurance premiums and any amendment charges), you or that of our employees whilst acting in the course of their employment.
will be entitled to choose one of options (i) (ii) or (iii) set out in clause 6 (b) below. (b) Type B bookings only
You have 14 days from the issue date printed on the surcharge invoice to tell us if (1) We promise to make sure that all parts of the arrangements we have agreed to
you want to choose option (ii) or (iii) as set out in clause 6 (b) below. If you do not arrange, perform or provide as part of our contract with you are arranged, performed
tell us that you wish to choose either of these options within this period of time, we or provided with reasonable skill and care. We will accept responsibility if any death,
are entitled to assume that you do not wish to do so and will pay the surcharge. Any personal injury, failure or deficiency of your arrangements is caused by any failure by
surcharge must be paid with the balance of the cost of the arrangements or within 14 ourselves or our employees (providing they were at the time acting within the course
days of the issue date printed on the surcharge invoice, whichever is the later. of their employment) or our agents or suppliers (as applicable) to use reasonable skill
A refund will only be payable if the decrease in our costs exceeds 2% as set out above. and care in performing or providing the service in question. Please note it is your
Where a refund is due, we will pay you the full amount of the decrease in our costs. responsibility to show that reasonable skill and care has not been used if you wish to
We promise not to levy a surcharge within 30 days of departure. make a claim.
ALL ARRANGEMENTS We will not be responsible for any injury, illness, death, loss (for example loss of
Many transport operators are now using 'Flexible Pricing'. This effectively means that enjoyment), damage, expense, cost or other sum or claim of any description
prices can and do vary on a daily basis for the same arrangements. Consequently, whatsoever which results from any of the following: -
where we give a quotation for a particular journey, this is only valid at the time of (a) the fault of the person(s) affected or any member(s) of their party or
quoting. Any booking made at a later time may be at a different rate. (b) the fault of a third party not connected with the provision of your arrangements
We reserve the right to correct errors in both advertised and confirmed prices. We will do which we could not have predicted or avoided or
so as soon as we become aware of the error. Please note, changes and errors occasionally (c) an event or circumstance which we or the supplier of the service(s) in question
occur. You must check the price of your chosen arrangements at the time of booking. could not have predicted or avoided even after taking all reasonable care (see
CONDITIONS OF SUPPLIERS clause 7)
5. Many of the services which make up your booking are provided by independent (d) the fault of anyone who is not carrying out work for us (generally or in
suppliers. Those suppliers provide these services in accordance with their own terms particular) at the time.
and conditions. Some of these terms and conditions may limit or exclude the supplier's In addition, we will not be responsible where you do not enjoy your arrangements or
liability to you, usually in accordance with applicable International Conventions (see suffer any problems because of a reason you did not tell us about when you booked
clause 8 (4)). Copies of the relevant parts of these terms and conditions are available on your arrangements or where any problems you suffer did not result from any breach
request from ourselves or the supplier. of our contract or other fault of ourselves or, where we were responsible for them, our
ALTERATIONS AND CANCELLATIONS BY TRANSPORT OPERATORS/CAMPSITE suppliers or agents or where any losses, expenses, costs or other sum you have suffered
OWNERS/US relate to any business.
6a. If the transport operator or campsite owner changes or cancels your Type A booking. Please note, we cannot accept responsibility for any services which do not form part
If there is a change to your Type A booking we will pass on the new details to you of our contract. This includes, for example, any additional services or facilities which
together with any compensation that the transport operator or campsite owner may your transport operator or campsite owner or any other supplier agrees to provide for
offer. As agent only for the transport operator or campsite owner we cannot accept you where the services or facilities are not advertised in our brochure and we have not
any liability for any changes or cancellations made to these bookings. agreed to arrange them and any excursion you purchase in resort.
Booking Conditions
b. If we change or cancel Type B bookings. (2) The promises we make to you about the services we have agreed to provide or
We start planning the arrangements we offer many months in advance. Occasionally, arrange as part of our contract - and the laws and regulations of the country in which
we have to make changes to and correct errors in brochure and other details both your claim or complaint occurred - will be used as the basis for deciding whether the
before and after bookings have been confirmed and cancel confirmed bookings. services in question had been properly provided. If the particular services which gave
Whilst we always endeavour to avoid changes and cancellations, we must reserve the rise to the claim or complaint complied with local laws and regulations applicable to
right to do so. However, we will only cancel your confirmed arrangements after the those services at the time, the services will be treated as having been properly provided.
date the balance of the cost of your holiday is due where you have failed to comply This will be the case even if the services did not comply with the laws and regulations
with any requirement of these booking conditions entitling us to cancel (such as paying of the UK which would have applied had those services been provided in the UK. The
on time) or where we are forced to do so as a result of force majeure as defined in exception to this is where the claim or complaint concerns the absence of a safety
clause 7 below. feature which might lead a reasonable holiday maker to refuse to take the holiday in
Most changes are minor. Occasionally, we have to make a “significant change”. question.
“Significant changes” include the following changes when made before departure; (3) We limit the maximum amount we may have to pay you for any and all claims
a change of accommodation area for the whole or a major part of the time you are or parts of claims which do not involve personal injury, illness or death. Except where
away, a change of outward departure time or overall length of time you are away loss of and/or damage to luggage or personal possessions is concerned or a lower
of twelve or more hours, or a change of UK departure point to one which is more limitation of liability applies to your claim, the maximum amount we will have to pay
inconvenient for you. If we have to make a significant change or cancel, we will tell you for such non personal injury claims if we are found liable to you on any basis is
you as soon as possible. If there is time to do so before departure, we will offer you the twice the cost of the holiday (excluding insurance premiums and amendment charges)
choice of the following options:- paid by or on behalf of the person(s) affected in total. This maximum amount will only
(a) (for significant changes) accepting the changed arrangements or be payable where everything has gone wrong and you have not received any benefit at
(b) purchasing alternative arrangements from us, of a similar standard to that all from your holiday.
originally booked if available or (4) Where any claim or part of a claim concerns or is based on any travel
(c) cancelling or accepting the cancellation in which case you will receive a full and arrangements (including the process of getting on and off the transport concerned)
prompt refund of all monies you have paid to us. provided by any, sea, rail or road carrier or any stay on a campsite, the maximum
Please note, the above options are not available where any change made is a minor one. amount of compensation we will have to pay you will be limited. The most we will
If we have to make a significant change or cancel after the date on which the have to pay you for that claim or that part of a claim if we are found liable to you on
balance of the cost of your arrangements is due we will pay you a reasonable level
of compensation appropriate to the level of inconvenience caused, 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 a holiday due to insufficient numbers (see clause
29). 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 paying on time).
In all cases, our liability for significant changes and cancellations is limited to offering
you the above mentioned options and, where applicable, compensation payments.
We regret we cannot pay any expenses, costs or losses incurred by you as a result of
any change or cancellation. No compensation is payable for minor changes or where
we make a significant change or cancel before the date on which the balance of your
arrangements is due.
Very rarely, we may be forced by "force Majeure" (see clause 7) to change or terminate
your arrangements after departure but before the scheduled end of your time away.
This is extremely unlikely but if this situation does occur, we regret we will be unable
to make any refunds (unless we obtain any refunds from our suppliers), pay you any
compensation or meet any costs or expenses you incur as a result.
FORCE MAJEURE
7. 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 8(1) below) as a result of any basis is the most the carrier or campsite owner concerned would have to pay under
"force majeure". In these Booking Conditions, "force majeure" means any event the international convention or regulation which applies to the travel arrangements or
which we or the supplier of the service(s) in question could not, even with all due care, campsite stay in question (for example, the Athens convention for international travel
foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual by sea). Please note: Where a carrier or campsite owner would not be obliged to make
or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse any payment to you under the applicable International Convention or Regulation in
weather conditions, fire and all similar events outside our control. respect of a claim or part of a claim, we similarly are not obliged to make a payment to
OUR LIABILITY TO YOU you for that claim or part of the claim. When making any payment, we are entitled to
8. (a) Type A bookings only deduct any money which you have received or are entitled to receive from the transport
In respect of Type A bookings we act only as an agent for the transport operator or operator or hotelier for the complaint or claim in question.
campsite owner concerned. Your contract for your transport or stay at the campsite is (5) This clause * is intended to set out our obligations to you as a tour operator/
directly with the transport operator or campsite owner. We accept no liability in relation organiser in the light of the Package Travel, Package Holidays and Package Tours
to the transport or campsite itself or for the acts or omissions of the transport operator Regulations 1992. Please note, we regret we cannot make any payment to you or any
or campsite owner concerned. In respect of the transport you book, the transport member of your party if the person concerned is not entitled to one from us under
operator’s terms and conditions of carriage will apply to your contract (copy available these Regulations.
on request direct from the suppliers). Please note the transport operator is entitled *(6) You must provide ourselves and our insurers with all assistance we may reasonably
to limit its liability to you in accordance with applicable International Convention(s) or require. You must also tell us and the supplier concerned about your claim or complaint
Regulation(s) (for example, the Athens Convention for international travel by sea.) In as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers
respect of the campsite you book, the terms and conditions of the campsite owner will any rights you have against the supplier or whoever else is responsible for your claim or
apply to your contract (copy available on request). complaint (if the person concerned is under 18, their parent or guardian must do so).
However, in the event that we are found liable on any basis whatsoever our maximum You must also agree to cooperate fully with us and our insurers if we or our insurers
liability to you if we are found to have been at fault in relation to any service we provide want to enforce any rights which are transferred.
as agent for the transport operator or campsite owner concerned (as opposed to any
Call the travel service on 01342 316101
or visit www.caravanclub.co.uk
175
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