PLEASE NOTE Some of the clauses below only apply to package holidays.
A package is a combination of at least two services e.g. accommodation and transport,
bought from us at an inclusive price. Therefore, those clauses will not apply to
any ‘accommodation only’ (including villas) bookings.
1. YOUR HOLIDAY CONTRACT & FINANCIAL PROTECTION
When you make a booking, you guarantee that you have the authority to accept and
do accept on behalf of your party, 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 issue our confirmation invoice. Please check its contents
carefully and, in the event of a discrepancy, contact us or your travel agent immediately.
These terms and conditions, together with all the other information in this brochure,
form the basis of the contract between you and us. Your contract will be governed
by English Law and the jurisdiction of the English Courts. If you have booked your
holiday in Scotland or Northern Ireland, you may choose the law and jurisdiction
of their local courts. Your contract is with Elegant Resorts Ltd - a company registered
in the United Kingdom (2100913) and a member of the Association of British Travel
Agents. The air holidays and flights in this brochure are ATOL (2885) protected.
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. These conditions apply to all holidays
taken between 1 October 2006 and 31 December 2007 inclusive. All 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.
2. BOOKING
If the holiday is arranged directly with Elegant Resorts (the Company), all correspondence
will be sent to the client at the address specified. If the arrangements are made
through a travel agent, all communications from the Company to the client will be
sent to the agent who, as regards communication from the Company to the client,
is the agent of the client. All monies paid to the travel agent are held by the
travel agent on behalf of Elegant Resorts Ltd at all times.
3. PAYMENT / DEPOSIT
A minimum deposit of 10%* (minimum £250 per person) of the total holiday cost
must be paid on completion of a booking. For villa and chalet bookings, a deposit
of 30% is required. However, the full amount is payable for all bookings made within
8 weeks of departure. If the booking is not accepted, the deposit will be refunded.
In the event that the balance is not paid within 8 weeks of departure, we have the
right to cancel your holiday and you will forfeit your deposit. Alteration or cancellation
by a client of an accepted booking will be subject to the provision of Paragraphs
4, 5, 7 and 8 of these booking conditions.
*Higher deposits may be requested if prepayments to suppliers are necessary.
NB: A selection of our airline fares require full payment at the time of booking
and also carry 100% cancellation charges. If this is the case, we will advise you
at the time of booking. Elegant Resorts reserves the right to pass on credit card
charges for holiday balance payments.
4. INVOICING
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.
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 name change, we will do our utmost to make
these changes, but it will not always be possible. Any request for changes must
be in writing by the person who made the booking or your travel agent. You will
have to pay an administration charge of £25, plus any further costs we incur
in making this alteration.
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.
6. INABILITY TO TRAVEL (Packages Only)
If any booked person is prevented from travelling, the company will agree to that
person’s booking being transferred to another person who satisfies all the conditions
applicable to the package, subject to both persons accepting joint and several liability
for full payment of the package price and the company’s charge for confirming the
transfer and any additional costs arising from the transfer. The company must be
given reasonable notice of the transfer request – at least 14 days prior to departure.
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 and retain your deposit. Should you wish
to cancel your holiday arrangements, or any part of them, the person who made the
booking must write or telephone Elegant Resorts as soon as possible with full details.
Telephone calls must be confirmed in writing.
Elegant Resorts will confirm the cancellation with a Cancellation Invoice. Please
note that in order to cover the cost of processing your cancellation and to compensate
us for the risk that we may not be able to resell the accommodation and/or air components
of your holiday, we make a Cancellation Charge on the scale shown in PARAGRAPH 8.
The person who made the booking is responsible for paying the cancellation charges.
The amount of the charge depends on when we receive your letter or telephone advice
– the more notice you give, the less we will charge.
NB: We strongly recommend that you have adequate TRAVEL INSURANCE including
cancellation cover.
8. CANCELLATION CHARGES
The period before departure in which cancellation notice is received:
More than 42 days deposit only,
42 - 29 days 30%,
28 - 16 days 75%,
15 - 1 day of
departure 100%
Cancellation charge (including deposit paid) as a percentage of total price.
For Ski Hotel holidays:
Period before departure in which cancellation notice is received:
More than 55 days deposit only,
55 - 43 days 50%,
42 - 22 days 70%,
21 - 10 days
90%,
9 - 0 days 100%
Cancellation charge (including deposit paid) as a percentage of total price.
For Villa and Ski Chalet holidays:
Period before departure in which cancellation notice is received:
56 days or more 30%,
less than 56 days 100%
Cancellation charge (including deposit paid) as a percentage of total price.
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, New Year and other
school holidays. In addition, some bookings are subject to 100% cancellation charges
if cancelled at any time. You will have been advised at the time of booking if the
conditions vary and if higher cancellation charges apply.
9. CANCELLATION OR CHANGES BY ELEGANT RESORTS
Occasionally, we may have to make changes and we reserve the right to do so at any
time. Most of these changes will be 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 before your departure date, except for reasons of force majeure*
or failure by you to pay the final balance.
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, change to different
accommodation of the same standard, changes to aircraft type.
If we make a major change to your holiday, we will inform you or your travel agent
as soon as reasonably possible if there 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 alternative is of a lower value), or cancelling
your booked holiday and receiving a full refund of all monies paid. In all cases,
except where the major change arises due to reasons of force majeure*, or if the
package is cancelled because of unusual and unforeseeable circumstances beyond our
control, we will pay compensation as detailed below:
56 - 30 days before departure £50 per person
29 - 15 days before departure £75 per person
14 - 0 days before departure £100 per person
NB: Compensation will NOT be paid to infants.
* 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 weather conditions (actual or threatened), avalanche and unavoidable technical
failure with transport.
10. ELEGANT RESORTS’ LIABILITY
If the contract we have with you is not performed, or is improperly performed by
us or our suppliers, we will pay you appropriate compensation if this has affected
the enjoyment of your travel arrangements. However, we will not be liable where
any failure in the performance of the contract is due to: you; or a third party
unconnected with the provision of the travel arrangements and where the failure
is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond
our control, the consequences of which could not have been avoided even if all due
care had been exercised; or an event which we or our suppliers, even with all due
care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited
to a maximum of twice the cost of your travel arrangements. Our liability will also
be limited in accordance with and/or in an identical manner to:
A) The contractual terms of the companies that provide the transportation for your
travel arrangements. These terms are incorporated into this contract; and
B) Any relevant international convention, for example the Montreal Convention in
respect of travel by air, the Athens Convention in respect of travel by sea, the
Berne Convention in respect of travel by rail and the Paris Convention in respect
of the provision of accommodation, which limit the amount of compensation that you
can claim for death, injury, delay to passengers and loss, damage and delay to luggage.
We are to be regarded as having all benefit of any limitation of compensation contained
in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international
conventions, from our offices at Elegant Resorts Ltd, The Old Palace, Chester CH1
1RB / Tel 01244 897000.
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 from airlines. However, reimbursement in such cases is the responsibility
of the airline and will not automatically entitle 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 any payments to you are due from us, any payment made to you by the airline
will be deducted from this amount. If your airline does not comply with these rules
you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
11. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS (Packages
Only)
If any member of the party suffers death, illness or injury whilst overseas arising
out of an activity which does not form part of your package travel arrangements,
or an excursion arranged through us, we shall at our discretion offer advice, guidance
and assistance. Where legal action is contemplated and you want our assistance,
you must obtain our written consent prior to commencement of proceedings. Our consent
will be given subject to you undertaking to assign any costs, benefits 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.
12. CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation for your
travel arrangements will apply to this contract. These may contain terms, which
affect your rights to compensation. You may ask for copies of the relevant 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 arrangements.
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.
13. SCHEDULED AIRLINES
The responsibility of the Transatlantic and Domestic IATA Airlines, in connection
with the holidays in the brochure, is limited to the carriage of the participating
airline. Scheduled airlines’ prices are based on fares current at the time of print.
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.
14. BROCHURE DESCRIPTION, FREE OFFERS AND SINGLE SUPPLEMENTS
All information concerning the hotels, villas and resorts used by Elegant Resorts
is continually checked to ensure that it is correct at the time of going to print.
Every effort has been made to ensure the accuracy of descriptions and information.
However, we are not always able to control all the components of the holiday arrangements
and it is possible that an advertised facility may be withdrawn or changed, due
to weather conditions, lack of demand or for maintenance, renovation etc. If you
are a single traveller, or your party consists of a number less than the accommodation
sleeps, a supplement will be levied. This is because our contract is based on a
price per room/apartment, whilst our holidays are sold on a per person 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.
15. IF YOU HAVE A COMPLAINT
Should you have any cause for complaint, you must immediately inform the relevant
supplier (e.g. your hotelier, chalet management company, airline) or our resort
representative (where applicable) who will endeavour to rectify the problem whilst
you are on holiday. If this 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, please notify the Client Services
Department, Elegant Resorts Ltd, The Old Palace, Chester, CH1 1RB within 28 days
of your return. Disputes arising out of, or in connection with this contract which
cannot be amicably settled, may be referred 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 of arbitration on documents alone, with restricted
liability on the client 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 per person.
There is also a limit of £25,000 per booking. Neither does it 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 an element
of minor injury or illness subject to a limit of £1,000 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 agreement. For injury and illness claims, you may
like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This
is a voluntary scheme and requires Elegant Resorts to agree for mediation to go
ahead. The aim is to help you resolve your dispute in a quick and cost effective
way. Details are available on request or from
www.abta.com
16. PRICE POLICY (Packages Only)
Elegant Resorts makes the following Price Policy on all our holidays:
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.
The price of your travel arrangements was calculated using exchange rates quoted
in the "Financial Times Guide to World Currencies".
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 Resorts
within seven days of the date shown on our Confirmation Invoice, we will guarantee
your holiday price will not change.
NB: This guarantee also applies to non-package bookings.
OR
ii) PAYMENT OF DEPOSIT ONLY
Changes in transportation costs, including the cost of fuel, dues, taxes or fees
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 change
within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of
the price of your travel arrangements, which excludes insurance premiums and any
amendment charges. You will be charged for the amount over and above that, plus
an administration charge of £1.00 per person together with an amount to cover
agents’ commission. If this means that 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 paid, except for any amendment charges. We will consider
an appropriate refund of insurance premiums paid if you can show that you are unable
to transfer or reuse your policy. Should you decide to cancel for this reason, you
must exercise 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 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.
17. BROCHURE
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 book the
holiday. If at the time of booking your holiday, the price has changed from that
shown in a brochure, you will be told the revised price applicable to the holiday
prior to the confirmation of your booking.
PLEASE NOTE Some of the clauses below only apply to package holidays. A package
is a combination of at least two services e.g. accommodation and transport, bought
from us at an inclusive price. Therefore, those clauses will not apply to any ‘accommodation
only’ (including villas) bookings.
1. YOUR HOLIDAY CONTRACT & FINANCIAL PROTECTION
When you make a booking, you guarantee that you have the authority to accept
and do accept on behalf of your party, 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 issue our confirmation invoice. Please check
its contents carefully and, in the event of a discrepancy, contact us or your travel
agent immediately. These terms and conditions, together with all the other information
in this brochure, form the basis of the contract between you and us. Your contract
will be governed by English Law and the jurisdiction of the English Courts. If you
have booked your holiday in Scotland or Northern Ireland, you may choose the law
and jurisdiction of their local courts. Your contract is with Elegant Resorts Ltd
- a company registered in the United Kingdom (2100913) and a member of the Association
of British Travel Agents. The air holidays and flights in this brochure are ATOL
(2885) protected. 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
specified. If the arrangements are made through a travel agent, all communications
from the Company to the client will be sent to the agent who, as regards communication
from the Company to the client, is the agent of the client. All monies paid to the
travel agent are held by the travel agent on behalf of Elegant Resorts Ltd at all
times.
3. PAYMENT / DEPOSIT
A minimum deposit of 10%* (minimum £250 per person) of the total holiday cost
must be paid on completion of a booking. For villa and chalet bookings, a deposit
of 30% is required. However, the full amount is payable for all bookings made within
8 weeks of departure. If the booking is not accepted, the deposit will be refunded.
In the event that the balance is not paid within 8 weeks of departure, we have the
right to cancel your holiday and you will forfeit your deposit. Alteration or cancellation
by a client of an accepted booking will be subject to the provision of Paragraphs
4, 5, 7 and 8 of these booking conditions.
*Higher deposits may be requested if prepayments to suppliers are necessary.
18. IMPORTANT INFORMATION FOR ALL PASSENGERS TRAVELLING TO THE USA
Please read all sections carefully to ensure you comply with US entry requirements:
USA - Advanced Passenger Information System (APIS)
Tour Operators and Airlines are required to provide details of the full address of your destination accommodation and country of residence and from 2009 the name on your passport, your date of birth and passport number to the U.S authorities. This is in addition to the application you must make as part of the Visa Waiver Programme (VWP) for authorisation to travel under ESTA (the Electronic System for Travel Authorisation) – see below ‘USA – Travel Authorisation (ESTA) and Visa Waiver Programme’. It is important the information collected by tour operators and airlines as part of APIS is the same as the information you have submitted under ESTA as any differences may delay or prevent your entry to the USA.
USA - Passports
British passport holders travelling to the USA (or via the USA) are required to have either individual machine-readable passports or biometric passports. (If you need to check your passport we recommend you contact the UK Passport Office). Families will be required to obtain individual passports for each traveller including all children.
USA – Visa Waiver Programme (VWP)
If you have a machine readable or Biometric passport you should be able to qualify for travel (of up to 90 days) without a visa, under the Visa Waiver Programme (VWP). That is, provided no one in your party has ever been arrested (even if not convicted), or if suffering from a serious communicable disease (visit: www.usembassy.org.uk for details of all restrictions). For passengers holding a non-British Passport, or, if you are unsure whether you qualify for travel under the VWP please consult the Identity & Passport Service or US Embassy. For travellers who qualify for travel under the VWP, see important details on obtaining travel authorisation below.
USA – Travel Authorisation (ESTA)
US Customs & Border Control have introduced an Electronic System for Travel Authorisation (ESTA). The system is web based only and requires all passengers (including infants) travelling via or to the USA to apply for authority to travel a minimum of 72 hours prior to travel. Effective from 12 January 2009 ESTA is compulsory. You may be denied boarding or refused entry to the US if you have not registered and obtained authorisation. To apply visit https://esta.cbp.dhs.gov It is very important that you complete your ESTA application using the exact address as displayed on the documentation you receive from your Airline/Operator. (If you have booked a flight only or the address of your accommodation is confirmed on arrival, please use our resort office address as stated on your holiday invoice/tickets). Your Airline or Tour Operator will be providing accommodation details for all passengers to the U.S immigration authorities after you have departed to the U.S. If there are any differences between the Tour Operator/Airline information compared to what you have written on your waiver form you may be denied entry into the USA. We recommend that you carry your ESTA approval with you when you travel. For additional information on travel to the US visit www.usembassy.org.uk
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