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What about my contract with AirSun? |
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Does AirSun accept responsibility for the quality of my holiday?
Will AirSun be responsible if I suffer |
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| Booking Conditions AirSun Holidays, sets
out in these booking conditions the terms on which you contract
with us and our obligations to you. You should therefore read
these conditions carefully because by making a booking, you
are irrevocably bound by them. It is important to note that
these booking conditions and our invoice form the contract between
us. No verbal discussions that take place can override this
contractual agreement unless AirSun have confirmed in writing
any variation to you/your agent. Please make sure you check
the invoice carefully. Contact us immediately if any information
which appears on the confirmation or any other document appears
to be incorrect or incomplete as it may not be possible to make
changes later. We regret we cannot accept any liability if we
are not notified of any inaccuracies in any document within
7 days of sending it out, 5 days for tickets. We will do our
best to rectify any mistake notified to us outside these
time limits but you must meet any costs involved in doing so. CONSUMER PROTECTION Your contract is with AirSun Holidays. For Holidays and travel arrangements in this website, which includes travel by air, AirSun Holidays acts as a retail agent for ATOL bonded Tour Operators. This means that when you book a holiday with us you can be entirely confident that, in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured and, if you are overseas, arrangements will be made to repatriate you at the end of your holiday 1. How do I book my holiday? First of all you or your travel agent must phone our office to check if the holiday you require is available. Then you need to complete our booking form with details of all members of your party. The booking form must then be signed by you. Your signature confirms that you and your party accept these booking conditions. Your booking can then be made either direct with us or via your ABTA travel agent. In either case, a deposit of £80.00 per person (excluding infants under two years of age at the date of return) together with any applicable insurance premium(s) must be sent to us with your booking form. However, if you book your holiday less than eight weeks prior to departure, full payment must be made at the time of booking. On receipt of your signed booking form and appropriate payment, we shall confirm the booking and send you a holiday invoice. We do, however, reserve the right to decline any booking.
As mentioned above, you pay a deposit at the time of making your booking (or
full payment if less than eight weeks prior to departure). The balance of the
cost of your holiday is payable not later than eight weeks before your
scheduled departure date. If payment is not received in full by us or your travel
agent by this date, we reserve the right to treat your booking as cancelled by
you and apply the cancellation charges set out in paragraph 8. Any money you
pay to your travel agent will be held by him on our behalf until it is paid to us or
refunded to you. 3. What about my contract with AirSun?
A binding contract only comes into existence once we have accepted your
booking and issued a holiday invoice. The date of the contract is the date that
appears on the invoice. The contract and all matters arising from it shall be
governed by English law and subject to the exclusive jurisdiction of the Courts
in England and Wales. 4. The price of your holiday
It is unlikely that we will have to make any changes to your holiday. However,
the arrangements for the holidays contained in this web site are made many
months in advance and changes are sometimes required. Most changes are
minor. When a major change becomes necessary, we will inform you or your
travel agent, as soon as it is reasonably possible if there is time before your
departure. A major change is one that we make to your holiday arrangements
before departure which involves a change of UK airport, resort area,
accommodation to one of a lower price or official classification, or international
flight time of more than 12 hours (not including flight delay), or change from a
day flight to a night flight and the flight departure time changes by more than 6
hours (night flight means departure from the UK between 20.00 - 04.30 hours
or arrival in the UK between 24.00 - 04.30 hours). You may then either:
a. accept the changes
If you choose a, or b, we will pay you compensation on the scale below. If you
choose c, we will refund all monies paid to us.
Important note:
If you need to change any details of your holiday (eg transfer to a different
accommodation or departure date), we will do our best to help. We will charge an
amendment fee of £20.00 for each person named on the booking and for each
detail of the booking you change. The price of your new holiday arrangements will
be based on the prices that apply on the day we receive confirmation of your
change in writing. These prices may not be the same as when you booked your
holiday. Any changes within six weeks of departure will be deemed to be a
cancellation and cancellation charges as set out in clause 8 will apply. Name
changes will be accepted at a charge of £20.00 per change if made more than 8
weeks before departure, £40.00 per change if made between 8-2 weeks before
departure and £60.00 per change if made between two weeks prior to departure
and the departure date. We regret we cannot accept requests to change the
names of all party members without levying the appropriate cancellation charges
unless all such party members are prevented from travelling in which case the
amendment charges set out above will be payable. If you change all details of
your holiday at any time (ie departure date, accommodation and resort) this will
be treated as a cancellation and subsequently a new booking. A new final invoice
will be sent showing the new details as appropriate and cancellation charges. All
alterations are effective only on the date when the company receives written
instruction.
We reserve the right in any circumstances, to cancel your holiday. In this event,
we will refund all monies paid to us or offer an alternative available holiday of
comparable standard. However, in no case will your holiday be cancelled less
than 8 weeks before the scheduled departure date, except for reasons of a force
majeure (see important note above). In either case we have no liability to you for
the loss of opportunity to take your holiday. Should you or any member of your party wish to cancel their holiday, immediate notice in writing by the person signing the booking form must be sent to us. Such notice of cancellation is only effective when received by us, and to avoid extra costs should be sent by registered mail. The scale of cancellation charges that will be levied are as follows:
Insurance premiums and amendment charges are not refundable in the event of your
cancelling.
The descriptions of resorts, accommodation, facilities and amenities are based on
inspections made many months before you go on holiday, and describe what exists
at that time. Sometimes, especially in low season (1 March to 30 June & 1-31 Oct)
facilities such as bars, tavernas, sports facilities, swimming pools, discos and bus
services may not be available.
As in the UK, building work is permitted by law in Greece and we cannot legally
prevent it. If disruption is severe and another AirSun Holidays accommodation is available in
resort, we will offer you the choice of moving at no cost. 11. Aviation Insurance and Security Supplements The basic price of your holiday shown in the price panel does not include extra charges made by airlines for aviation insurance and security A charge will be added to your holiday price at the time of booking. At the time of printing, this is £9 per person for all destinations in this brochure, however we reserve the right to increase or decrease this from time to time before you confirm your booking. 12. Data Protection Policy - Your Booking For the purposes of the Data Protection Act 1998 we, AirSun Holidays, are a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party's members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
We must pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline. hotels, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them. or as required by law. We have appropriate security measures in place to protect the personal details you give us. Where your travel arrangements are to take place outside the European Economic Area. (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements.
We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request.
Please note that where information is also held by your travel agent, this is subject ID your agents own data protection policy. Marketing We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will obviously only use names and addresses for marketing. OUR RESPONSIBILITIES
Yes, subject to paragraph 2 below, we shall accept responsibility if the services that
we are contractually bound to provide prove deficient or not of a reasonable standard
or if you suffer loss or damage (other than death, personal injury or illness) as a
result of the acts and/or defaults of our employees, agents, sub-contractors and/or
suppliers. In all cases except where personal injury, illness or death results (dealt
with below) our liability under this paragraph is however limited to the holiday price
(excluding insurance premiums and amendment charges) of the persons affected in
total. In addition, where services are provided by any air or sea carrier, our
obligations are limited as if we were carriers within the appropriate international
conventions. 2. Will AirSun be responsible if I suffer personal injury etc.
during my holiday?
If as a result of any failure to perform or improper performance of any part of your
contract with us by any of our employees, agents, suppliers or sub-contractors, you
or any member of your party suffers death, personal injury or illness, we shall
accept responsibility providing they were at the time acting within the scope or
course of their employment except where the failure to perform or improper
performance was due to: a) your own acts and/or defaults or b) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or c) an event
which either ourselves or the supplier of the service(s) in question could not have
foreseen or forestalled even with all due care.
In addition, in the case of air, sea and rail carriers and hotel keepers, our liability is
limited as if we were carriers/hotel keepers under the appropriate international
conventions. In return for this acceptance of responsibility, it is a condition of the
contract that you comply with the following requirements:
1. You notify us of your claim in writing within 28 days of the scheduled date of
return from your holiday.
2. You agree to assign to ourselves or our insurers any rights you have against any
third party relating to the claim.
3. You agree to give us your full co-operation if either ourselves or our insurers wish
to enforce any rights against the third party in respect of your claim. It is your responsibility to arrive at stated departure places on time. Any loss or damage which you suffer through failure to do so lies with you. Our clients book on the basis that they agree to abide by all reasonable directions given to them in connection with their holiday. We reserve the right to terminate the holiday of any client, without notice, whose conduct or behaviour is disruptive or which affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by them as a result of our doing so. Aircraft captains have the right to
refuse boarding to any person who to their absolute discretion, is unacceptably
under the influence of alcohol or drugs. If for this reason you are denied boarding on
your outward flight, we reserve the right to treat this as a cancellation and
cancellation charges will be levied.
If you have a complaint about your holiday, please inform your AirSun representative
immediately, who will try to resolve the problem on the spot. (We cannot begin to
resolve problems unless we know they exist!). However, if it cannot be resolved in
resort you should fill out a ‘Customer Complaint Report’. A copy of your report will
be given to you. If you fail to report such incidents in writing at resort, AirSun
Holidays cannot consider your complaint valid. On your return to the UK you should
write to our Customer Services Dept. at our head office in London within 28 days of
return. If we cannot resolve the problem, you can refer the matter to Arbitration
under a special scheme devised for the Chartered Institute of Arbitrators by
arrangement with the Association of British Travel Agents (ABTA). This scheme,
details of which can be supplied on request, provides a simple and inexpensive
method of arbitration on documents alone, with restricted liability. It is not available
for claims greater than £1500 per person or £7500 per booking form, or for claims
solely or mainly in respect of physical injury or illness. Application for arbitration
must be made within 9 months of the date of return from the holiday, but it may, in
special circumstances still be offered outside this period.
We do realise that accidents can and do happen. However, you are responsible for
any breakages/damage to the accommodation, furnishings and fittings whilst you
are staying there. If you do break anything, please report it to the representative and
property owner, they will advise you of the costs involved. Our personal insurance
does include cover for personal liability so you may be able to recover these costs.
The accommodation provided is for the use of those passengers shown on the final
invoice and confirmed by us; sub-letting, sharing or assignment is prohibited. There is an administration charge of £25 for infants (who must be under 2 years on the date of return travel to comply with airline regulations). If a cot or linen is required, there is an extra charge of around £25 per week payable locally. As with most scheduled airlines, the majority of holiday charter airlines will be operating a no smoking policy on routes where the flying time is 7 hours or less, which would include all our flights. |
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