BOOKING CONDITIONS
Please note Some of the clauses below only apply to package holidays. A package is a combination of at least two services travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances
e.g. accommodation and transport, bought from us at an inclusive price. Therefore, those clauses will not apply to any beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
‘accommodation only’ bookings. an event which we or our suppliers, even with all due care, could not foresee or forestall.
1. YOUR HOLIDAY CONTRACT & FINANCIAL PROTECTION Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party, arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
the terms of these booking conditions. The person making the booking accepts responsibility for paying for all the people
on the booking and for keeping all members of the party advised of the booking details. A contract will exist as soon as we A) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are
issue our confirmation invoice. Please check its contents carefully and, in the event of a discrepancy, contact us or your incorporated into this contract; and
travel agent immediately. These terms and conditions, together with all the other information in this brochure, form the B) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens
basis of the contract between you and us. Your contract will be governed by English Law and the jurisdiction of the English Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in
Courts. If you have booked your holiday in Scotland or Northern Ireland, you may choose the law and jurisdiction of their respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury,
local courts. Your contract is with Elegant Resorts Ltd – a company registered in the United Kingdom (2100913) and a delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of
member of the Association of British Travel Agents. The air holidays and flights in this brochure are ATOL (2885) protected. compensation contained in these or any conventions.
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 You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices at
www.atol.org.uk. These conditions apply to all holidays taken between 1 January and 31 December 2007 inclusive. All Elegant Resorts Ltd, The Old Palace, Chester CH1 1RB / Tel 01244 897 000.
the holidays in this brochure are sold subject to these booking conditions, which comply with the ABTA Code of Conduct
drawn up by the Association of British Travel Agents. Under EU law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied
boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available
2. BOOKING from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle
If the holiday is arranged directly with Elegant Resorts (the Company), all correspondence will be sent to the client at the you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 9. If
address specified. If the arrangements are made through a travel agent, all communications from the Company to the client any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your
will be sent to the agent who, as regards communication from the Company to the client, is the agent of the client. All airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061
monies paid to the travel agent are held by the travel agent on behalf of Elegant Resorts Ltd at all times. www.auc.org.uk
3. PAYMENT / DEPOSIT 11. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS (Packages Only)
A minimum deposit of 10%* (minimum £250 per person) of the total holiday cost must be paid on completion of a If any member of the party suffers death, illness or injury whilst overseas arising out of an activity which does not form part
booking. However, the full amount is payable for all bookings made within 8 weeks of departure. If the booking is not of your package travel arrangements, or an excursion arranged through us, we shall at our discretion offer advice, guidance
accepted, the deposit will be refunded. In the event that the balance is not paid within 8 weeks of departure, we have the and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior
right to cancel your holiday and you will forfeit your deposit. Alteration or cancellation by a client of an accepted booking to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits
will be subject to the provision of Paragraphs 4, 5, 7 and 8 of these booking conditions. received under any relevant insurance policy to us. We limit the cost of our assistance to you or any member of your party
to £5,000.
*Higher deposits may be requested if prepayments to suppliers are necessary.
12. CONDITIONS OF CARRIAGE
NB: A selection of our airline fares require full payment at the time of booking and also carry 100% cancellation The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this
charges. If this is the case, we will advise you at the time of booking. Elegant Resorts reserves the right to pass on contract. These may contain terms, which affect your rights to compensation. You may ask for copies of the relevant
credit card charges for holiday balance payments. conditions of carriage from our offices. This brochure is our responsibility, as your travel company. It is not issued on behalf
of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel
4. INVOICING arrangements.
Where applicable, approximately 10 weeks before departure, you will be sent a final invoice for the full amount, showing
the balance payable. This amount must be forwarded to Elegant Resorts within 14 days of the invoice date. NB: In accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of
age on the date of his/her return flight.
5. IF YOU CHANGE YOUR BOOKING – RESERVATION CHANGES & AMENDMENT FEES
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way – eg: passenger 13. SCHEDULED AIRLINES
name change, we will do our utmost to make these changes, but it will not always be possible. Any request for changes The responsibility of the Transatlantic and Domestic IATA Airlines, in connection with the holidays in the brochure, is
must be in writing by the person who made the booking or your travel agent. You will have to pay an administration charge limited to the carriage of the participating airline. Scheduled airlines’ prices are based on fares current at the time of print.
of £25, plus any further costs we incur in making this alteration. All airlines are subject to operational delays, change of aircraft and routing, over which we have no control. However,
when such changes are made, we shall do our best to minimise any inconvenience.
NB: Certain travel arrangements may not be changeable after a reservation has been made and any alteration
request could incur a cancellation charge of up to 100% of that part of the arrangements. 14. BROCHURE DESCRIPTION, FREE OFFERS AND SINGLE SUPPLEMENTS
All information concerning the hotels and resorts used by Elegant Resorts is continually checked to ensure that it is correct
6. INABILITY TO TRAVEL (Packages Only) at the time of going to print. Every effort has been made to ensure the accuracy of descriptions and information. However,
If any booked person is prevented from travelling, the company will agree to that person’s booking being transferred to we are not always able to control all the components of the holiday arrangements and it is possible that an advertised
another person who satisfies all the conditions applicable to the package, subject to both persons accepting joint and facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovation etc. If
several liability for full payment of the package price and the company’s charge for confirming the transfer and any additional you are a single traveller, or your party consists of a number less than the accommodation sleeps, a supplement will be
costs arising from the transfer. The company must be given reasonable notice of the transfer request – at least 14 days levied. This is because our contract is based on a price per room/apartment, whilst our holidays are sold on a per person
prior to departure. basis, including flights and other elements. Some hotels do offer rooms that only sleep one person and, in this instance,
there will normally be a supplement.
7. CANCELLATIONS
If you do not pay the balance of the holiday price by the due date, the Company reserves the right to cancel the booking 15. IF YOU HAVE A COMPLAINT
and retain your deposit. Should you wish to cancel your holiday arrangements, or any part of them, the person who made Should you have any cause for complaint, you must immediately inform the relevant supplier (e.g. your hotelier, airline) or
the booking must write or telephone Elegant Resorts as soon as possible with full details. Telephone calls must be our resort representative (where applicable) who will endeavour to rectify the problem whilst you are on holiday. If this
confirmed in writing. does not solve the problem, please telephone us on +44 1244 897 000 reversing the costs of the call, or call our 24 hour
helpline as detailed in your itinerary. In the unlikely event that matters cannot be resolved to your satisfaction in the resort,
Elegant Resorts will confirm the cancellation with a Cancellation Invoice. Please note that in order to cover the cost of please notify the Client Services Department, Elegant Resorts Ltd, The Old Palace, Chester, CH1 1RB within 28 days of
processing your cancellation and to compensate us for the risk that we may not be able to resell the accommodation your return. Disputes arising out of, or in connection with this contract which cannot be amicably settled, may be referred
and/or air components of your holiday, we make a Cancellation Charge on the scale shown in PARAGRAPH 8. to arbitration under a special scheme (Packages only), which, though devised by arrangement with ABTA, is administered
quite independently by the Chartered Institute of Arbitrators. The Scheme provides for a simple and inexpensive method
The person who made the booking is responsible for paying the cancellation charges. The amount of the charge depends of arbitration on documents alone, with restricted liability on the client in respect of costs. Full details will be provided on
on when we receive your letter or telephone advice – the more notice you give, the less we will charge. 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 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims, which are
NB: We strongly recommend that you have adequate TRAVEL INSURANCE including cancellation cover. solely in respect of physical injury or illness or their consequences. The Scheme can, however, deal with compensation
claims, which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can
8. CANCELLATION CHARGES 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,
The period before departure in which cancellation notice is received: arbitration under the scheme may still be available if the company agrees, but the ABTA Code does not require such
agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation
More than 42 days 42 – 29 28 – 16 15 – 1 day of departure Procedure. This is a voluntary scheme and requires Elegant Resorts to agree for mediation to go ahead. The aim is to help
days days days you resolve your dispute in a quick and cost effective way. Details are available on request or from www.abta.com
Deposit only 30% 50% 75% 100% 16. PRICE POLICY (Packages Only)
Elegant Resorts makes the following Price Policy on all our holidays:
Cancellation charge (including deposit paid) as a percentage of total price. We reserve the right to alter the prices of any of the holidays shown in our brochures. You will be advised of the current
price of the holiday that you wish to book before your contract is confirmed.
NB: The above cancellation charges may vary to reflect the terms and conditions of Elegant Resorts’ suppliers and
deposits may be non-refundable for cancellations of all holidays occurring over the following periods – Christmas, The price of your travel arrangements was calculated using exchange rates quoted in the "Financial Times Guide to World
New Year and other school holidays. In addition, some bookings are subject to 100% cancellation charges if Currencies".
cancelled at any time. You will have been advised at the time of booking if the conditions vary and if higher
cancellation charges apply. i) PRICE GUARANTEED IF YOU PAY IN FULL WHEN YOU BOOK. Ask your travel agent or Elegant Resorts for a
confirmation of the current price at the time you make your booking. When full payment of the price is received by Elegant
9. CANCELLATION OR CHANGES BY ELEGANT RESORTS Resorts within seven days of the date shown on our Confirmation Invoice, we will guarantee your holiday price will not
Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be change.
minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any
circumstances to cancel your travel arrangements. We will not cancel your travel arrangements less than eight weeks NB: This guarantee also applies to non-package bookings.
before your departure date, except for reasons of force majeure* or failure by you to pay the final balance.
OR
NB: Carriers, such as airlines, used in the brochure may be subject to change. Such a change is deemed to be a minor
change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, ii) PAYMENT OF DEPOSIT ONLY. Changes in transportation costs, including the cost of fuel, dues, taxes or fees
change to different accommodation of the same standard, changes to aircraft type. chargeable for services, such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange
rates, mean that the price of your travel arrangements may change after you have booked. However, there will be no
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there change within 30 days of your departure.
is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer
of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements,
alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that,
except where the major change arises due to reasons of force majeure*, or if the package is cancelled because of unusual plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that
and unforeseeable circumstances beyond our control, we will pay compensation as detailed below: you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of
accepting a change to another holiday if we are able to offer one, or cancelling and receiving a full refund of all monies
56 – 30 days before departure £50 per person paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can
29 – 15 days before departure £75 per person show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise
14 – 0 days before departure £100 per person your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go
down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to
NB: Compensation will NOT be paid to infants. you. However, 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.
* Force Majeure: This means unusual or unforeseeable circumstances beyond our control. Examples can include, but are
not limited to war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse 17. BROCHURE
weather conditions (actual or threatened), avalanche and unavoidable technical failure with transport. Our brochures are prepared many months before the start of the holiday season to which they relate and the prices
quoted in them are for guidance only. Elegant Resorts reserves the right to raise or lower its prices at any time before you
10. ELEGANT RESORTS’ LIABILITY book the holiday. If at the time of booking your holiday, the price has changed from that shown in a brochure, you will be
If the contract we have with you is not performed, or is improperly performed by us or our suppliers, we will pay you told the revised price applicable to the holiday prior to the confirmation of your booking.
appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable © Elegant Resorts Ltd. Published December 2006. Brochure written by Simon Gage. Designed and edited by Elegant Resorts
where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the Ltd. Printed by Butler and Tanner, Frome, Somerset.
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