Fair Trading Terms
Please read our Terms and Conditions:
Our Agreement With You
The contract between you and us comes into force when your booking is accepted by us. If you wish to cancel your booking you must notify us within fourteen days of the date of the confirmation invoice. If we receive such notification from you we shall refund the deposit paid.
We act as agents for the transport operators featured in this brochure. This means that when you ask us to make a reservation for transport we will notify the transport operator of your request.
If the transport operator confirms the availability of the service you have requested we will advise you in our confirmation invoice.
You enter into a contract with the transport operator based on their conditions of carriage and these conditions accompany our confirmation invoice to you. However, some transport operators do not provide us with their conditions and in these cases we will enclose information on how to obtain them. Your contract with the transport operator comes into force on the date your booking is accepted by us.
By asking us to arrange your cross-Channel travel in conjunction with your Belle France accommodation, we are usually able to offer competitive prices under this scheme. You should note that the transport operators for whom we act as agents are involved in your holiday solely for the provision of transport and must not be construed as being a tour operator as defined under the Regulations.
1 - The Price of Your Holiday
Our staff will always try to give accurate information and price quotations. If we notice we have made a mistake we will notify you as soon as possible. We reserve the right to increase our prices published in this brochure before you book. If there is any increase we will draw it to your attention at the time of booking. If the new information or price would constitute a significant change, then we will offer you the options set out below in Term 2.
Before final payment is due: The price of your holiday is subject to review, but only where there are increases in:
(a) transportation costs, including the cost of fuel;
(b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports;
(c) Government action, such as increases in V.A.T. or any other Government-imposed increases; (d) currency in relation to adverse exchange rate variations.
Even in this case, we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged and we will send you a separate invoice for the amount of the surcharge or a replacement invoice for the new cost of the holiday. If this means paying more than 10% on the holiday price previously confirmed and invoiced, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the new invoice. The price of your holiday was calculated using the Sterling to Euro exchange rate quoted in the Financial Times on 30/9/09.
After final payment for your holiday: We guarantee not to increase the price of your holiday once the final balance, due twelve weeks before departure has been paid.
2 Alterations
Alterations made by us before departure: Occasionally we may have to amend your holiday arrangements but we will notify you of any amendment as soon as possible. If this were to constitute a significant change you would have the option of either accepting the change, booking any other available holiday from this brochure or cancelling your booking and receiving a full refund. These options do not apply where we cancel the holiday because of your non-payment. A significant change would include a change of ferry or train time by more than twelve hours, where this has been necessitated by us changing your holiday arrangements. You will notify us of the option you wish to take as soon
as possible.
Where any alteration amounts to a significant change we will pay compensation according to the table below. However, you will not be entitled to compensation where we have cancelled your holiday because of your non-payment. Further, you will not be entitled to compensation where the holiday is cancelled by reason of unusual and unforeseeable circumstances beyond our control and the consequences of which could not have been avoided even if all due care had been exercised by us. These circumstances include industrial action or disputes, closure or congestion of ports or airports, road blockades, technical problems to transport, war, threat of war, civil strife, terrorist activity, natural or nuclear disaster, epidemic or disease, adverse weather conditions or similar events.
| Period of notification given to you of any significant changes | Compensation per booking: % of Total Holiday Cost |
|
| If holiday is taken: | If you cancel: | |
| More than 42 days | Nil | Nil |
| 29 - 42 days | 10% | Nil |
| 15 - 28 days | 15% | 10% |
| 00 - 14 days | 20% | 10% |
Alterations made by us after departure: Should alterations be necessary after your departure on holiday, we will make suitable alternative arrangements (at no extra cost to you) for the continuation of the holiday and will, where appropriate, compensate you for the difference between the services to be supplied and those services actually supplied.
If it is impossible to make such suitable alternative arrangements (or you do not accept the alternative arrangements, for good reasons) we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you agree, and you may be entitled to compensation.
3 Delays to Transport Services
Where we are notified of a delay by the transport operator we will make every reasonable effort to contact you before departure to advise you of such delay. You may be covered for additional expenses incurred due to such delays under the terms of your insurance policy but we make no representation to this effect.
4 Marketing Information
We make every effort to ensure that the information in our guides and brochures is accurate and comprehensive. It is based on our best knowledge at the time of going to press. However, changes may be made in the particulars contained in the brochure before the contract between you and us comes into force. Where possible we shall advise you of any changes at the time of booking.
5 Our Liability To You
a) We accept responsibility for ensuring that the holidays that you book with us are supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your holiday is not provided as promised, we will pay you appropriate compensation, if this has affected the enjoyment of your holiday. In all cases (other than death or personal injury) our liability to you from the total of all claims arising out of your contract with us is limited to twice the cost of the relevant person’s holiday (less any insurance and cancellation premiums). We accept responsibility for the acts and/or omission of our employees, agents and suppliers, save where they lead to death, injury or illness, except as provided in the following paragraph.
b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omission of our employees or agents, together with our suppliers or sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of, their employment in the provision of any part of your holiday that we are contractually obliged to provide. We will, accordingly, pay to our client such damages as might have been awarded in English Law.
c) In respect of carriage by air, sea and rail and the provision of accommodation our liability in all cases will be limited in the manner provided by the relevant international convention.
d) If any client suffers death, accidental illness or personal injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a 3rd Party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits under an appropriate insurance policy to ourselves. This financial assistance is to a maximum sum of £5000 in total per booking.
6 Special Requests
We always do our best to comply with any special requests made at the time of booking but these are not guaranteed.
Your Obligations
1 Satisfaction
If you believe that we have made a mistake with your holiday booking, or have failed to provide the services that you are entitled to under your agreement with us, or if you are dissatisfied with your holiday you should seek to resolve any issue with the supplier of the service concerned, and if still dissatisfied, notify us, in writing, on your return.
2 Regulations
You and your party must abide by the rules and regulations of the rail operators, ferry companies, hotels and other operators. You must accept the jurisdiction of the accommodation management during your stay. You are further expected to be considerate towards everyone you come into contact with during your holiday. If you or any member of your party fail to observe such rules or behave in such a way as to cause (in our opinion, or the opinion of the supplier) danger, distress or annoyance to anyone or damage to property your holiday may be terminated without prior notice. In this situation the person/s concerned will be required to leave immediately and we will have no further responsibility. No refunds will be made nor will we pay any expenses. Costs for any damage must be paid by you.
3 Your Accommodation
In booking you undertake to accept the accommodation allocated by our local representative. You must take reasonable precautions for your own safety and that of members of your party.
4 Facilities in Low Season
You must accept that provision of certain services and facilities may be restricted in low season or times of bad weather.
5 Planning Your Journey
If travelling, by car or making independent flight arrangements, it is your responsibility to plan your journey and provide a roadworthy vehicle.
We cannot make refunds for unused accommodation where insufficient time has been allowed for journeys or if you have broken down.
6 Holiday Insurance
We believe insurance is necessary for a worry free holiday and we rely on your representation at the time of your booking that all members of your party are adequately insured. If, at the time of booking, you do not provide us with details of your insurance company and policy number, we will arrange cover for you and the members of your party and the cost of our insurance policy will be automatically added to your invoice.
7 Payment
We accept the deposit as part payment for your holiday. The final balance is due 12 weeks before departure. It is a condition of our contract with you that we receive the final balance by that date. If we do not receive the balance by the due date we reserve the right to cancel the holiday with
the consequent cancellation charges (see right). Bookings made less
than twelve but more than four weeks before departure may incur a
higher deposit and must be paid for within 7 days of the date of the invoice. Bookings made within and up to four weeks before departure must be paid for in full at the time of booking.
8 Alterations or Cancellations
We reserve the right to charge an amendment fee of £25 payable for
any alterations made to your holiday arrangements.
Alterations within eight weeks of departure: If you wish to alter your holiday dates by more than two weeks this will be treated as a cancellation (see below) and your new holiday arrangements will be treated as a new booking.
Alterations within two weeks of departure: All alterations will be treated as a cancellation (see right) and your new holiday arrangements will be treated as a new booking.
Alterations whilst on holiday: We will do our best to accommodate any alteration but reserve the right to charge an amendment fee of £25 to cover administration and telephone costs. You will be required to pay extra costs (if any) for alternative accommodation or facilities not pre-booked.
Cancellations: You must confirm in writing all cancellations made before your holiday departure date. No action will be taken by us until we have received your written instructions. Clients are strongly advised to send such notification by recorded delivery as we cannot be responsible for non-receipt of written instructions.
Our preferred holiday insurance provides cover against cancellation in some circumstances. Some or all of the following charges and fees may be recovered under the policy. If you cancel your holiday before final payment is due you will forfeit your deposit. Once final payment has been received, the following cancellation fees (including the amount of the deposit) are payable:
• Within 8 weeks of departure - 40% of the total holiday cost plus insurance premiums.
• Within 4 weeks of departure - 70% of the total holiday cost plus insurance premiums.
• Within 2 weeks of departure - 100% of the total holiday cost plus insurance premiums.
Alteration and cancellation of travel bookings: Changes, alterations and cancellations of ferry, rail or other transport operator bookings are subject to their own terms and conditions and cancellation charges are likely to be payable to them in addition to any of our amendment fees. You are responsible for arriving in good time for your journey.
Cancellations of hotels only: Once final payment has been received the cancellation fees above are payable. For amendments to existing hotel bookings made on holiday a fee of £25 will be payable.
Loss of travel tickets: Where lost travel tickets have to be replaced, this will be treated as an alteration and amendment charges may be levied. Some companies insist on replacements being paid for in full.
9 Complaints
Should you experience a problem during your holiday, please see the hotel management or the representative of the supplier of the service who will normally be able to sort it out immediately. If the problem cannot be resolved to your satisfaction please telephone us during office hours. If you still feel that a complaint remains unresolved, please write to us within four weeks of your return from holiday. All letters received by us will be answered within 14 days. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration under a special scheme arranged by the Association of British Travel Agents and administered independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA web site (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 form. 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 IDRS 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.
10 Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide (such as name, address, any special
needs etc).
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, ransport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is 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 person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
We will hold your information, where collected by us, and may use it to inform you of offers or to send you brochures. If you do not wish to receive such approaches in the future, please write to us at Spelmonden Old Oast, Goudhurst, Kent TN17 1HE.
We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us at Spelmonden Old Oast, Goudhurst, Kent TN17 1HE.
11 River Cruising Holidays and Burgundy Chateau Holidays
A deposit of 30% is required at the time of booking. There are additional Terms and Conditions that apply to passengers on our cruise holidays, a copy of which will be sent on request or with your cruise booking confirmation.
Please note that some information in this booking guide is provisional and subject to change. English law shall apply to the contract between you and us which incorporates these terms. Any dispute arising out of the contract may be referred to any court in England or Wales to be heard and determined. If you are normally resident outside the United Kingdom all such disputes shall be referred to an English court.
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