When you book a holiday with us, we both enter into a legally binding contract with obligations on both of our parts. The conditions set out below define these obligations.
1. YOUR FINANCIAL PROTECTION:
Destiny Travel, (hereafter referred to as ‘The Company’) is a division of Kennedy Travel (Yorkshire) Ltd. We are fully bonded under the Civil Aviation Authority (CAA) Air Travel Organisers’ Licensing. When you buy an ATOL protected flight or flight inclusive holiday from The Company, you will receive an ATOL Certificate with your confirmation invoice. These documents list 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 booking confirmation invoice). 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. YOUR HOLIDAY CONTRACT:
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. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.
A non-refundable deposit is payable at the time of booking. Should your holiday include components that require advance deposits, or flight tickets that require immediate issuance, additional non-refundable deposit payments will be required and the appropriate amounts will be advised to you at the time of booking. The Company will then issue its booking confirmation invoice detailing that your balance is due ten weeks* before departure and, as no reminder will be sent, it is most important that this date is noted and adhered to. Failure to do so could result in the cancellation of your holiday and the relevant cancellation charges as detailed in Section 9 would then apply. If a booking is made within ten weeks of departure date then the full amount must be paid at the time of booking.
*Should your holiday include a cruise, where the balance payment would be due to the cruise operator earlier than our usual balance due date of 10 weeks prior to the holiday departure, the appropriate balance due date will be made known to you and will be indicated on your Booking Confirmation invoice.
4. PARTIAL PRICE GUARANTEE:
At the time of your enquiry we will provide you with a quotation for your tailor-made holiday based on you chosen departure date. Once you have confirmed your holiday, the price will be guaranteed against increases to the components of your holiday; however, any increases in airline fuel surcharges, government taxes and fees plus exchange rate fluctuations mean that the price of your travel arrangements may change after you have booked. We will not however make any changes to the pricing within 30 days of your departure. If the increase amounts to 8% or more of the original holiday cost you will have the option of cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
It is your responsibility to obtain all necessary passports, visas, health certificates, driving licences and other documentation required for travelling on holiday. We will not accept responsibility if you cannot travel because you have not complied with requirements. The Company will provide guidance in this area but the client must make appropriate enquiries with the relevant authorities.
6. UNUSED SERVICES & LOST DOCUMENTS:
No refunds will be made after departure in respect of services included in the holiday price which are unused. We are unable to assume liability in respect of any lost or mislaid travel tickets or accompanying documents. These terms and conditions supersede all other terms and conditions of service providers involved in your travel arrangements unless otherwise advised.
7. IF YOU CHANGE YOUR BOOKING:
If you decide to change your booking after it has been confirmed, an amendment fee of £50 per alteration will be charged to cover our costs. Any amendment will also be subject to any additional costs incurred through increases in airfares, hotels and other holiday costs the amendment may involve. Any change in departure date will be construed as a cancellation of the original booking and cancellation charges as detailed in section 8 will be applied. If you change your booking within ten weeks of departure this will be treated as a cancellation and cancellation charges as detailed in section 8 will be applied. All requests to amend your booking must be made in writing by the person who made the original booking. Changes may not always be possible without a 100% cancellation penalty.
8. IF YOU CANCEL YOUR BOOKING:
Should you or any member of your party wish to cancel your booking once it has been confirmed then you will be liable to pay cancellation fees. In certain cases, the price of your holiday is calculated relative to the number of occupants in a room, or passengers travelling. If one of these occupants cancels (adults or children), not only will there be a cancellation charge, but also the remaining members of your party may have to pay an additional sum. All cancellation notices must be made in writing by the person who made the original booking. The amount payable will depend on when we receive written advice of the cancellation. In some cases, components of your holiday (e.g. a tour, cruise or a stay over the Christmas period) may carry a higher cancellation penalty than those set out in these terms. In such cases these penalties will be taken into consideration when calculating your cancellation charges. Please note that in the case of a cancellation made after receipt of the travel documents, no refund can be made unless all travel documents are returned to The Company.
More than 56 days – all deposits
56-45 days – 50%
44-30 days – 70%
29-23 days – 80%
22-8 days – 90%
7 days or less – 100%
9. IF YOU CHANGE YOUR BOOKING WHILST AWAY:
The Company will not be liable for any alterations to the booked holiday arrangements made by you whilst away. Should you wish to make alterations you must do so directly with The Company. Failure to do this will absolve The Company of all liability concerning any resultant additional costs, or cancellation charges.
10. IF WE CHANGE YOUR BOOKING:
On occasion it may be necessary to change the arrangements you have selected and we reserve the right to do so at any time. Most of these changes are minor, such as flight route changes, change in airline and/or aircraft type, alteration of your flights by less than 12 hours or change of accommodation to another of the same standard as determined by the grading within the Official Hotel Guide. If the accommodation booked is a private rental home which becomes unavailable due to maintenance issues or the home being sold by the homeowner, you will be offered an alternative home of a comparable standard, subject to availability. We undertake to inform you as soon as is reasonably possible. A major change is a change to your UK departure airport (except between Heathrow and Gatwick), a change to your resort area or a move to a lower category of accommodation. When we are obliged to make a major change to your holiday arrangements, you will have the following options: (a) accepting the changed arrangements as notified to you or (b) purchasing another available holiday from The Company. If it is more expensive you will have to pay the difference but if it is cheaper, we will refund the difference, or (c) cancel your holiday. If such a major change is notified to you within 56 days of departure then in all above cases (a), (b) and (c), we will pay you compensation on the scale set out below and, should you choose option (c), we will also refund in full all monies received (excluding amendment fees).
Period before scheduled departure within which a major change is notified to you or your travel agent / compensation per person:
More than 55 days / NIL
55-29 days / £10
28-15 days / £20
14 days or less / £30
However, in no case will we pay compensation if the change is due to force majeure (see section 17).
11. IF WE CANCEL YOUR BOOKING:
Although it is unlikely, we reserve the right in any circumstances to cancel your holiday more than 56 days before your planned departure date, in which event we will refund all monies paid. We will only cancel your holiday within 56 days of departure for reasons of force majeure, in which event you will be offered an alternative holiday of comparable standard or a full refund of all monies paid.
12. COMPLAINTS & DISPUTES:
In spite of the many months of planning, problems do occasionally occur. Should you be unable to resolve your complaint locally you must report it immediately to The Company directly in order that the matter may be rectified during your holiday. Failure to do so would deprive The Company of an opportunity to resolve the issue. In the unlikely event that your problem is not resolved satisfactorily whilst on holiday, your complaint should be notified in writing to The Company within 28 days of your return. Failure to notify The Company of any grievance at the time will absolve The Company of all responsibility in the settlement of any subsequent related claim once you have returned.
13. BUILDING WORK & NOISE:
Many cities and hotels change and develop constantly. From time to time hotels have to undertake maintenance and restoration. This could mean there may be a loss of some services as well as noise from building equipment. Work may also be visible at the property. We cannot predict when building work is likely to happen, however when we do know, we will try to inform you prior to your departure. There is bound to be some traffic noise if your hotel is located close to a road and the sound of aircraft if your hotel is in close proximity to an airport.
14. THE COMPANY’S RESPONSIBILITY:
(a) The Company has taken all reasonable steps to ensure the suppliers with whom we do business are reputable and efficient and that they comply with the laws of the country in which they operate. The Company has also taken reasonable care in making the holiday arrangements offered and accepts responsibility for ensuring that there are no deficiencies in the services we are contractually obliged to provide and that they are provided to a reasonable standard. Should deficiencies occur then The Company will pay reasonable compensation to a maximum of twice the total cost of the holiday. This maximum amount will only be awarded in extreme cases and when you have thus obtained no enjoyment whatsoever from the holiday. In all other cases, The Company will pay an amount it considers reasonable for the inconvenience suffered. Please note that The Company will not accept responsibility for disappointment suffered as a result of unrealistic expectations. The Company does not accept responsibility where there has been no fault on our part or that of our suppliers or the cause was your own fault or the actions of a third party unconnected with the holiday arrangements, or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised. The Company has no liability for changes to, or cancellation of schedules by, scheduled airlines and also has no liability if you or any member of your party is prevented from travelling on an aircraft, vehicle or vessel by any person in authority at the airport, boarding point or port or is denied access to accommodation by any person in authority because you or the party member appears unfit to travel or is likely to cause disturbance or discomfort to any other travellers. In this latter instance full cancellation charges will also be applied. (b) In the unfortunate event that you suffer death or personal injury as a result of an activity forming part of your pre-booked holiday arrangements with The Company, we accept responsibility except where there has been no fault on our part or that of our suppliers or the cause was your own fault, the actions of a third party unconnected with the holiday arrangements or could not have been foreseen or avoided by us or our suppliers even if all due care had been exercised. (c) In the case of air, rail and sea travel or hotel accommodation we limit our liability to compensate you in accordance with the provisions of the Montreal, Athens, Berne and Paris Conventions respectively. (d) Where we accept responsibility it is a requirement that you: (i) assign to us your rights against the person or persons responsible so that we may be subrogated to those rights and claim in your place. (ii) will cooperate fully (at The Company’s expense) should we or our insurers wish to enforce those rights. (e) Should you or any member of your party through misadventure suffer death, personal injury or illness during the holiday arising out of an activity unconnected with the pre-booked holiday arrangements, The Company may, where appropriate and at its discretion, provide general advice and assistance in connection with any claims you may have against third parties. The Company may agree to assist with initial costs up to a maximum of £5,000 per booking and provided you notify us of any intention to bring legal action within 90 days of the misadventure. Any costs incurred by The Company shall in any event be repaid to us by the client where any claim is successful or the client has the benefit of applicable insurance cover.
15. WEBSITE ACCURACY:
All conditions and information shown are subject to change. We shall notify you of any changes at the time of booking. If your holiday has already been confirmed, we shall notify you immediately (see section 10). In particular, you should note that the applicable ‘Condition of Carriage’ of the airline or airlines onto which you are booked will apply. Likewise, certain facilities at the hotels featured in this brochure may be unavailable at given times of year (e.g. swimming pool closed for cleaning, restaurant undergoing refurbishment or given over temporarily to a specific function). In such instances, our liability shall be limited to advising, wherever possible, you of any significant changes and to offer every assistance to ensure that your travel plans are not inconvenienced or disrupted.
16. SPECIAL REQUESTS:
If you have a special request for a facility or service not advertised (e.g. adjoining rooms, specific bedding types or airline seat requests), we shall pass it on to the relevant supplier but we cannot guarantee that it will be met and we have no liability to you if it is not. We cannot accept any booking that is conditional upon special requests being met.
17. FORCE MAJEURE:
Except where otherwise stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the suppliers of the services in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to acts of God, acts of government, war (whether declared or not), threat of war, other hostilities, terrorist activity, civil strife, strikes, riots, fire, thefts, epidemics, quarantine or medical regulations, natural and nuclear disasters, medical or customer regulations, technical or administrative problems with transport, industrial disputes, closure of airports, breakdown in machinery or equipment, unexpected airline flight rescheduling or similar events beyond the control of The Company.
18. FORCES OF NATURE:
Natural occurrences including, but not restricted to volcanic eruptions and hurricanes, are unlikely however they could result in disruption to your holiday or flight schedule. Although such incidents are out of the control of The Company, we will always offer assistance to ensure your wellbeing and safety however we are not responsible for any additional expenses incurred should you be unable to travel as originally scheduled.
19. GOVERNING LAW:
All matters concerning the booking and in particular, but without limitation, in respect of questions of liability and quantum of damages under section 14 above, shall be governed by English Law and the parties shall submit to the exclusive jurisdiction of the English Courts.
20. CARD PAYMENTS:
The Company will apply a 2% credit card fees on any transactions when the payment is made using a Business/Corporate Debit or Credit card. 3% credit card fees will be applied to any transactions when payment is made using an International Debit or Credit card or a Prepaid Credit card.
21. WEBSITE COOKIES: