1 - THE COMPANY & YOUR FINANCIAL PROTECTION. Your holiday contract is made with GOLD CREST HOLIDAYS Ltd, a Member of ABTA with number V1341 and ATOL with number 10879.
a. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTAís Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30,Park Street London SE1 9EQ Tel: 020 3117 0500 or www.abta.com. In order to comply with Package Travel Regulations, we are required to provide financial protection against our failure and we do this by providing A.B.T.A. with bonds issued by Insurance Companies and our bank.
b. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
2 - BOOKING CONDITIONS & INFORMATION. Our booking conditions set out the responsibilities we have to you, and you in turn have to us. The contract is made when you make a booking, and we accept it on the terms set out in this brochure, with the issuing of a confirmation invoice, either by post or electronically. For our part, we have an obligation to provide you with the holiday you have booked. Our specifications of that holiday, and our terms are stated below.
3 - YOUR HOLIDAY CONFIRMATION & PAYMENT. These booking conditions form the basis of your contract with us. Your contract is governed by English law and subject to the jurisdiction of the Courts of England and Wales. We expect to confirm your booking within two weeks of receiving your booking form and deposit from you or via your Travel Agent. Before GOLD CREST HOLIDAYS can accept your booking, the person who signs the booking form shall be deemed to act on behalf of all persons shown on the booking form or those passengers verbally advised to GOLD CREST HOLIDAYS at that time. You must check your confirmation invoice, tickets, and all other documents as soon as you receive them. You will need to contact us immediately if any information on any document appears to be incorrect, as it may not be possible to make changes at a later date. We regret we cannot accept any liability if we are not notified of any inaccuracy on any document within 5 days of our sending it out. If the booking form is unsigned (e.g. a direct credit card booking), it is deemed that by receiving our confirmation invoice the conditions of booking are accepted by all members of the party. When you book your holiday you will be asked to sign a booking form and make a non-returnable deposit payment, plus the appropriate insurance premium. A non-refundable payment is also required in respect of any pre-booked ticket arrangements made on your behalf. If you are booking within eight weeks of the date of departure you must pay the holiday price in full plus any insurance premiums. All monies you pay to the travel agent are held by them on your behalf until we issue our confirmation invoice. After this, the travel agent holds the monies on our behalf. If you issue a cheque or supply your credit/debit card details for payment then you have accepted these booking conditions on behalf of all members of your party. The confirmation invoice will show details of the holiday you have booked and the balance owing. This must be paid no later than eight weeks before the departure date and no further reminder will be sent to you. If the balance remains unpaid, we reserve the right to treat the holiday as cancelled by you. If any cheque payment from a client is dishonoured, we reserve the right to treat your booking as a cancellation by the client and if the booking is reinstated any bank charges incurred will be added to the holiday price.
4 - HOLIDAY ALTERATION OR CANCELLATION - BY YOU. If you wish to alter your holiday, you must advise us as soon as possible in writing. We will endeavour to meet requests and where we are able to do so, the following charges will apply (see below):-
a) If you wish to change any part of your booking, including substituting a party member with a new person, but still travelling on the same date, a charge of £10 per person will be levied and added to your account to cover administration charges. Such changes may not be made within 14 days of departure. Please note that insurance premiums are non-transferable.
b) If you wish to change dates within the operating period of the applicable programme, there will be a charge of £10 per person provided that written notification is received more than 56 days before the original date of travel. If the new date of travel carries a different price from the original booking, the new price will become effective plus the £10 per person amendment fee. If such changes are made within eight weeks of the departure date of the original tour, charges will then be made as per holiday cancellation terms. Changes will not be actioned until we receive written instructions from the lead name on the booking form.
The cancellation charges you incur are per person and are as follows: More than 56 days - deposit only, plus any non-refundable payments in respect of pre-booked ticket arrangements, 56-22 days, 50%, 21-8 days, 75%, 7 days before departure or less, 100%. NB. Insurance premiums are non-refundable. Percentages refer to total holiday price excluding insurance and amendment fees, which are subject to full cancellation charge. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
5 - ALTERATIONS AND CANCELLATIONS - BY US. We plan our holidays many months in advance and although unlikely, occasionally we may have to make some changes and reserve the right to do so. Most changes are minor, however, sometimes ëmajor changesí are necessary. Where we refer to ëmajor changesí we mean changes made before departure, such as the following; a) change to outward departure time by more than 12 hours, b) change of departure point to one which is significantly more inconvenient to you (ie. over 15 miles), c) change of destination (i.e. Country), except for the accommodation, providing this is within reasonable travelling time of the featured destination to enable us to fulfil the advised holiday itinerary, d) significant change in itinerary or a change of accommodation to that of a lower category for the whole or majority of your holiday. All other changes will be treated as minor changes, where compensation will not be paid. Minor changes do not entitle you to cancel or change to another holiday without paying our normal charges. If we have to make a major change, you will be advised as soon as possible and you will be offered compensation on the following scale: More than 56 days, Nil, 56-15 days, £5, 14-8 days, £10. 7 days or under, £15. No other claims for compensation or expenses will be considered. Should you decide not to accept a major change, you will have the right to cancel your booking and we will refund all monies paid. In remote circumstances, such as Force Majeure, see 6, we may have to cancel your holiday. If this occurs, we will refund all monies you have paid us or offer you a suitable alternative holiday. Please note our liability for significant changes and cancellations is limited to offering you the abovementioned choices, and where applicable, compensation payments.
6 - FORCE MAJEURE. Except where otherwise stated in these booking conditions, we regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by ìForce Majeureî. When we refer to ìForce Majeureî this means any event which we, or the supplier(s) 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, terrorist activity, adverse weather conditions, natural or nuclear disaster, industrial dispute, governmental action, fire and all similar events outside our control.
7 - CUSTOMER CARE. It is in both our interests to settle problems (which may otherwise lead to complaints) amicably and quickly. In order to achieve this, you must adhere to the following procedure. 1) Make your complaint known to the coach crew and/or Gold Crest Holidays Duty Manager immediately. 2) Should you have a complaint which requires action on your return, this should be detailed in writing within 28 days of your return, stating your booking reference, date of departure, resort and name of hotel, and sent to the customer services department at Gold Crest Holidays, Holiday House, Valley Drive, Ilkley, West Yorkshire, LS29 8PB. It is therefore a condition of this contract that you communicate any problem to the supplier of the services in question and to the coach driver (or the Gold Crest Holidays Duty Manager if appropriate) whilst in resort. Failure to do so may compromise any further action you wish to take. It is unlikely that you have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with this contract, which cannot be amicably settled, may (if you wish) be referred to arbitration under a special scheme, which, although arranged by ABTA, is administered independently. The scheme provides a simple and inexpensive method of arbitration, providing your claim is not more than £5,000 per person or £25,000 per booking form and does not solely involve personal injury or illness, or their consequences. The scheme can, however, deal with compensation claims, that include an element of minor injury or illness, subject to a limit of £1,500 per person in respect to this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from your holiday. If both parties agree, there is also a mediation scheme to help resolve disputes quickly. Full details are available on request.
8 - DEEP VEIN THROMBOSIS. To avoid the risk of Deep Vein Thrombosis we advise passengers to take advantage of the comfort stops for exercise.
9 - YOUR HOLIDAY AND OUR CONDITIONS OF CARRIAGE. We accept responsibility not only for the acts and omissions of our employees and agents, but also for those suppliers with whom we contract to provide a holiday of reasonable standard. This paragraph does not apply to claims relating to death, bodily injury, illness or personal property (see clause 10). Our liability in all cases shall be limited to a maximum of twice the value of the holiday invoice. 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 will also be limited in accordance with (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 Athens Convention in respect of travel by sea 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.
10 - PERSONAL INJURY. We also accept responsibility for the negligent acts and/or omissions, not only of our employees or agents, but also of our suppliers and sub-contractors or agents (provided that any such negligent act or omission is within the scope of, or in the course of their employment) in respect of claims arising as a result of death, bodily injury or illness caused to the person who signed the booking form and/or any other person on the booking form.
11 - OTHER MISADVENTURE. If you, or any of those named on the booking form, have the misfortune to suffer illness, personal injury or death during your holiday, arising out of an activity which does not form part of our foreign inclusive holiday arrangements with you or any excursion offered through us, we will offer, where appropriate and within our reasonable discretion, help and general assistance, including the payment of initial legal costs. Legal costs will be limited to £5,000 per booking form and must be with our prior agreement and be requested no more than 90 days after the incident concerned. The provision of legal costs will only apply if you do not have a legal expense section in your holiday insurance policy. Furthermore, in the event of there being a successful claim for the costs against a third party, those actually incurred by us will be recovered from you. Claims under this section should be addressed to: The Customer Services Department, Gold Crest Holidays, Holiday House, Valley Drive, Ilkley, West Yorkshire, LS29 8PB. All claims under this section shall be in respect of both liability and quantum fall within the exclusive jurisdiction of the court of the country in which our contract with you was made.
12 - YOUR HOLIDAY PRICE. We reserve the right to alter the prices of any of our advertised prices. You will be advised of the current price of your chosen holiday before your contract is confirmed. The price of your holiday is subject to surcharges on the following items. A) Unfavourable changes in currency rates, B) Government action, C) Fuel surcharges. The company guarantees that the price of your holiday will not be subject to any surcharge except for those stated above. We will absorb an amount equal to 2% of the holiday price, which excludes insurance premiums and any amendment charge. Amounts in excess of this 2% may be surcharged and where a surcharge is payable there will be no administration charge. If this surcharge means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund for all money paid except for 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 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. If you decide to cancel or request any refund because of this clause 12, you must exercise your right to do so within 14 days of the issue date printed on the invoice. All prices are based on exchange rate published in the Financial Times on 26th September 2014 Euro 1.2794.
13 - PASSPORT, VISA AND IMMIGRATION REQUIREMENTS. Your specific passport, visa and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. All British citizens require a full 10 year passport for any foreign travel but, currently, do not require a visa for any holiday in this brochure. As passport and visa requirements vary, before booking your holiday, non-British citizens are advised to check any entry requirements with the consulate of your holiday country, remembering also to be aware of any countries en route that will also need considering. It is recommended that a signed letter of consent, from the parent or legal guardian, is carried when children are not travelling with their legal parent or guardian.
14 - HOLIDAY INSURANCE. As part of your contract with us, we require that you have comprehensive travel insurance. This insurance must be valid from the date of booking and for the duration of your holiday with us. If you choose not to take Gold Crest Holidaysí insurance cover and do not advise us of your alternative insurance cover at the time of booking, we may automatically insure you with a Gold Crest Holidays policy and this will be included on your invoice. Gold Crest Holidays Limited is an appointed representative of ITC Compliance Limited, which is authorised and regulated by the FCA (their registered number is 313486) and which is permitted to advise on and arrange general insurance contracts. For residents of the United Kingdom, Gold Crest Holidays have arranged a travel insurance scheme with specialist brokers Towergate Chase Parkinson, underwritten with ETI International Travel Protection. A synopsis of cover is as follows. Premiums - please see page 15. The insured person has to bear the first £35 of each claim, except in the respect for deposits only, where the insured person has to bear the first £20 of each and every claim: Gold Crest Insurance policies include the following covers: Cancellation £2000; Medical Expenses/Repatriation £1,000,000; Curtailment & Hosp. Benefit. £2000; Luggage & Personal Money £1,000 (£500 up to 16 yrs. old); Luggage Delay £75; Personal Liability £1,000,000; Personal Accident £10,000; (Also included is 24 hour International Medical Rescue); Loss of Passport £200; Delayed Departure £60; Missed Departure £700. The description of the above cover must be regarded as an outline. A policy will be issued and sent with your confirmation/invoice, setting out the conditions and exclusions. It is important, if you have any existing medical problem that you receive a doctorís letter allowing you to travel and if appropriate, advise the insurers prior to travel. Our policies are only available to persons under 80 years at the return date, are available only to persons normally resident in the United Kingdom and may not be suitable in support of visa applications.
15 - HOLIDAY INFORMATION. We accept no liability for any failure to provide a special request that is not specified in the brochure and for which no supplement is paid. Our liability for the provision of additional facilities, for which a supplement is paid, shall be limited to the brochure price of that supplement. Booking for rooms with private facilities will be deemed to be effected by the provision of either ëbath and w.c.í or ëshower and w.c.í Requests for one or the other will be treated as requests only and cannot be guaranteed. Requests for a twin or double bed should be made clearly, otherwise it will be assumed that either type is suitable. Three or four bedded rooms are normally twin or double rooms plus an extra bed/folding beds, which may or may not be suitable for an adult and space will inevitably be restricted. The reference ìHotelî in brochures covers all accommodation and does not necessarily distinguish between local classifications. Some hotels may have annexes nearby for sleeping, with meals being taken in the main hotel. It is possible that you will be sharing the hotel with a group from another country. The accommodation provided is only for the use of passengers shown on the holiday invoice as confirmed by us: subletting, sharing or assignment is prohibited. Your accommodation details will be confirmed on your tickets. Due to seasonal variations, weather, local criteria outside our control and other matters, we may find it necessary to alter your day-to-day itinerary. We cannot accept claims where an inferior vehicle is used as a relief or replacement in an emergency or where advertised excursions do not operate due to insufficient numbers or Force Majeure. Channel crossings are by ferry or the Eurotunnel and this information may not be available at the time of booking as routing is not finalised until shortly before departure. Either may be used at our discretion with the sole exception of any tours that specify Eurotunnel.
16 - OUR BROCHURE DESCRIPTIONS. Every effort has been made to ensure that the information contained in this brochure is accurate at the time of publication. We, nevertheless, reserve the right to correct by way of advising at the time of booking any error and subsequent amendment. It may be necessary, sometimes at short notice, to make changes to an itinerary (e.g. amends to the running order) for operational and seasonal reasons and weather, traffic and road conditions. Regrettably transport, such as coaches and ferries do occasionally breakdown or certain on-board facilities may become faulty. Whilst every effort will be made to repair breakdowns or faults or to provide replacements as quickly as possible, we cannot accept any responsibility for delays caused by any form of breakdown to yours or any interconnecting vehicle or mode of transport. The authorities of the country and overseas supplier of the service concerned govern the monitoring and enforcement of safety matters.
17 - SPECIAL REQUIREMENTS, HEALTH MATTERS AND PASSENGERS WITH A DISABILITY. We will do our best to cater for any special requirements (e.g. vegetarian). They must be notified to us at the time of booking and cannot be guaranteed. Please note our holidays may not be suitable for people with certain disabilities, or medical conditions, as coaches can be difficult to embark and disembark. Not all hotels have lifts and may not offer ground floor accommodation. We cannot accept liability for any problems or inconvenience if a detailed request has not been made. Should any member of your party suffer from any disability or medical condition that may affect their holiday or that of other passengers, you must provide full written details at the time of booking. At the same time, you must also provide written confirmation that any assistance the person concerned requires will be provided by other members of the same party, as outside assistance will not be available. We reserve the right to decline any booking whenever we feel that we are unable to accommodate the special needs of any particular client or where, in our opinion, the medical condition or disability of the client concerned is likely to have a significant adverse effect on other passengers. Furthermore, we reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition at the time the booking is made. Our tours may be unsuitable for women who are more than 28 weeks pregnant and therefore they are not permitted to travel. Neither smoking nor the consumption of alcohol is allowed on any of our coaches.
18 - TRAVEL DELAY. (Not applicable to UK holidays) If due to circumstances beyond our control, a delay arises to your journey lasting more than 4 hours after the scheduled departure time, we will endeavour to provide the following:- 4 hours delay: light refreshments. Over 6 hours delay; a light meal. In the event of extended overnight delays, depending on circumstances, we will endeavour to arrange overnight hotel accommodation at the clientís own expense. If you have taken out holiday insurance with us, the insurance company on your outward journey or final return journey to the UK will provide you with the following protection: Failure or disruption of such public transport, the sum of £20 per person after the first 12 hours delay and £10 per person for each subsequent full 12 hours delay up to the sum insured of £60 per person. You would be required to make a claim via the insurers.
19 - CLIENTS INDEMNITY. In the event of any client behaving in such a way as is likely, in our opinion or the opinion of any person in authority, to cause offence, danger, damage or distress to others, we reserve the right to terminate that personís holiday arrangements. Our responsibility for their holiday will immediately cease and we will not be liable for any compensation or any costs or expenses incurred by them as a result. If your actions or those of any member of your party cause damage to the accommodation in which you are staying or to the vehicle, train or ship in which you are travelling, or cause delay or diversion to any means of transportation, you agree to fully indemnify us against any claim (including legal costs) made against us by, or on behalf of, owners of such accommodation or the operator of such means of transportation.
20 - TOUR INFORMATION. Our staff endeavour to provide accurate information to telephone enquiries; however we cannot accept liability for any information given, unless it is confirmed by us in writing.
21 - LOSS OF PERSONAL PROPERTY AND BAGGAGE ALLOWANCE. There is a maximum allowance of 1 medium sized suitcase with dimensions not exceeding 30 x 22 x 8 inches and weighing not more than 20 Kgs plus 1 small item of hand luggage that will fit under your seat. Clientsí baggage and personal property remains the responsibility of the client throughout the holiday. We advise that in the case of loss or theft of personal items, that the passenger reports the details to the local police, and subsequently obtains their written report, which may assist in the pursuance of any insurance claims.
22 - CONSISTENCY. In the event of inconsistency between these terms and conditions and the additional information in the brochure, these terms and conditions will apply.
23 - FOREIGN OFFICE ADVICE & HEALTH ADVICE. The Foreign & Commonwealth Office produces up-to-date travel information and may have issued information about your holiday destination. You are advised to check this information on the internet at www.fco.gov.uk/travel/countryadvice.asp