Booking Conditions
It is important that you read the following booking conditions together with the additional general information contained within this brochure.
These Booking Conditions together with the General Information contained on this website form the basis of your contract with us. Please read both these sections carefully as they apply to all bookings you make with us unless otherwise specified. All holidays which do not include any flights are operated by Leger Holidays Limited which is a member of and bonded with the Association of British Travel Agents (ABTA V3582). All holidays which include any flights are operated by Leger Air Holidays Limited which holds an Air Travel Organisers' Licence issued by the Civil Aviation Authority (ATOL 3880). In these Booking Conditions,‘we',‘us' and ‘our' are references to Leger Holidays Limited (for holidays without any flights) or Leger Air Holidays Limited (for holidays including flights).
1. HOLIDAY PAYMENT
You must pay a deposit per person (as shown on the booking form) together with all applicable insurance premiums at the time of booking. The balance of the price of the holiday is due for payment no less than 42 days (air holidays 56 days, sea cruise holidays 60 days) before the departure date. If the balance is not paid on time we reserve the right to treat your booking as cancelled by you and apply the cancellation charges set out in clause 3 below. For bookings made within 42 days (air holidays 56 days, sea cruise holidays 60 days) of departure the full amount is due at the time of booking. The person signing the booking form accepts responsibility for paying for all the people on the booking. You must be at least 18 years old to make a booking with us. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, all monies paid to our authorised travel agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you.
2. OUR AGREEMENT
A contract is made when we, or your Travel Agent, confirms your booking. We will endeavour to send you a confirmation invoice within 7 days of receiving your booking. You must check your confirmation invoice, tickets and all other documents you receive from us carefully as soon as you receive them. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (in the case of travel documents/tickets 5 days). This contract and all matters arising out of it will be governed by English law and will be subject to the exclusive jurisdiction of the Courts of England and Wales. If however, you have booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries. For non flight inclusive holidays, please also see clause 13.
3. HOLIDAY CANCELLATION BY YOU
If you want to cancel your booking after we have confirmed it, you must do so in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. If you cancel your booking,we will not refund any insurance premium and/or amendment charges you may have paid. We will ask you to pay cancellation charges per person on the scale shown below. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges.
| Period before you leave within which we receive written notice | Coach, Eurostar & Self Drive Holidays | Air Holidays | Sea Cruise Holidays |
| More than 60 days | Full deposit | Full deposit | Full deposit |
| Between 57 and 60 days | Full deposit | Full deposit | 40% or full deposit if greater |
| Between 43 and 56 days | Full deposit | 50% or full deposit if greater | 40% or full deposit if greater |
| Between 29 and 42 days | 50% or full deposit if greater | 60% or full deposit if greater | 60% or full deposit if greater |
| Between 22 and 28 days | 60% or full deposit if greater | 70% or full deposit if greater | 70% or full deposit if greater |
| Between 4 and 21 days | 75% or full deposit if greater | 75% or full deposit if greater | 75% or full deposit if greater |
| Less than 4 days | 100% | 100% | 100% |
In the event of a cancellation of a booking secured by a low deposit as described on the booking form,we reserve the right to levy the full deposit amount.You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based,we will recalculate these items and re-invoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £15 per booking must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
4. HOLIDAY ALTERATION BY YOU
Should you wish to make any changes to your booking, please advise us as soon as possible in writing. Whilst we cannot guarantee changes can be made to your booking,we will endeavour to meet requests if we can.Where we are able to do so, the following charges will apply (in addition to any charges our suppliers may impose or incur):- We charge an amendment fee of £15 per booking for each item you want to change.However, some changes made within 28 days of departure (air holidays 42 days, sea cruise holidays 60 days), may be treated as a cancellation of your original booking. In that case we may ask you to pay cancellation charges on the scale shown above in Clause 3. NB Insurance premiums are not transferable from one holiday to another (including when you travel earlier or later than originally booked) or from one person to another.
5. ALTERATIONS AND CANCELLATIONS BY US
Occasionally, we have to make changes and correct errors on our website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor and we will try to tell you of such changes before you leave on holiday. Occasionally, we have to make a significant change to your holiday. When we refer to a significant change in these Booking Conditions,we mean changes made before departure such as the following; a change of outward departure time of more than 12 hours, a change of departure point to one which is significantly more inconvenient for you, a change of destination (ie. Country), a significant change in itinerary, a change of accommodation to that of a lower category for the whole or the majority of your holiday. If we have to make a significant change or cancel,we will tell you as soon as possible. If there is time to do so before departure,we will offer you the choice of the following options:-
(a) for significant changes accepting the changed arrangements
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one,we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays.You must pay the applicable price of any such holiday.This will mean your paying more if it is more expensive or receiving a refund if it is cheaper.
(c) cancelling or accepting the cancellation in which case you will receive a full and prompt refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will pay you the compensation set out in the table below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator,we could not reasonably expect to have a significant effect on your holiday.
| Period of notification given to you or your travel agent prior to departure date | Minimum compensation per fare paying passenger when major change or alternative holiday accepted | Minimum compensation per fare paying passenger if full refund accepted | ||||
| Coach, Eurostar & Self-drive Holidays | Air Holidays | Sea Cruise Holidays | Coach, Eurostar & Self-drive Holidays | Air Holidays | Sea Cruise Holidays | |
| More than 60 days | nil | nil | nil | nil | nil | nil |
| Between 57 and 60 days | nil | nil | 2% | nil | nil | £10 |
| Between 43 and 56 days | nil | 2% | 2% | nil | £10 | £10 |
| Between 29 and 42 days | 2% | 2% | 2% | £10 | £10 | £10 |
| Between 14 and 28 days | 5%* | 5%* | 5%* | £10 | £10 | £10 |
| Less than 14 days | 10%* | 10%* | 10%* | £20 | £20 | £20 |
*Compensation is shown as a percentage of the basic holiday price excluding insurance premiums and any amendment/cancellation charges. In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. Very rarely, we may be forced by ‘force majeure' (see below) to change or terminate your holiday after departure but before the scheduled end of your time away.This is extremely unlikely but if this situation does occur,we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. Force Majeure. Except where otherwise expressly stated in these booking conditions,we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 14(1) below) as a result of ‘force majeure'. In these Booking Conditions, ‘force majeure' means any event which we or the supplier 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, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
6. ARTISTS, CONCERTS, ENTERTAINMENTS AND RIDES
We cannot accept responsibility for the non-appearance of any artist or the cancellation/withdrawal/closure of any concert/event/entertainment/ride (eg. at Disneyland® Paris Resort) for whatever reason. Should any such situation arise the holiday arrangements will still proceed. We will not always be in a position to advise you in advance of any such cancellation etc. Such situations will not constitute a major change to your holiday arrangements entitling you to cancel or change to another holiday without paying our normal charges and no compensation will be payable.
7. PRICING POLICY
The prices shown on this website were calculated on 17 August 2004 on the basis of then known costs and exchange rates as shown in the Financial Times Guide to World Currencies on that date. All brochure prices are quoted in pounds sterling. The prices on this website apply at the time of publishing and may change before you make your booking. Save where stated otherwise, hotel prices are based on two people sharing the accommodation. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed.We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Once the price of your chosen holiday has been confirmed at the time of booking,we guarantee not to increase your holiday price as a result of changes in currency exchange rates, however,we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 5 ‘Alterations and Cancellations by us'. Although insurance (where purchased through us) does not form part of your contract with us or of any ‘package', we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. 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. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due,we will pay you the full amount of the decrease in our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time,we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of the start of your holiday. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
8. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers.Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 14(4)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
9. SPECIAL REQUESTS
Although we will endeavour to pass any reasonable requests on to the relevant supplier,we regret we cannot promise that any request will be honoured.We will not always be able to tell you before you leave if we cannot meet your special requests.
10. ITINERARY CHANGES
It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic and road conditions. Regrettably coaches, trains, ships and aircraft do occasionally break down or certain facilities on board a coach, train , ship or aircraft may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances it may be necessary to replace the vehicle or aircraft which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown.
11.TRAVEL DELAY
Whilst we try to avoid flight delays and delays to your sea crossing/tunnel crossing, unfortunately, they occasionally happen. If there is a delay,we will endeavour to minimise any discomfort by providing extra services to you. In the event of delay to your rail/air departure, and for Self Drive holidays responsibility for any meals rests with the airline, rail or sea crossing operator. These additional services are subject to availability.We shall not be responsible for reimbursement of any payment you have to make unless we have given our permission beforehand.
| Length of Delay | Additional Services |
| Up to 3 hours | None |
| 3-5 hours | Light refreshments for each passenger. |
| 5-9 hours | One main meal for each passenger. |
| Overnight | Meals and accommodation as appropriate for the time of day or night. |
It may also be possible for you to make an additional monetary insurance claim.
12. HOLIDAY INSURANCE
It is a condition of booking a holiday with us that you take out insurance.The insurance Leger Holidays offer is for United Kingdom and Republic of Ireland residents only. Should you decide not to purchase our insurance, any you obtain from a third party must offer cover at least as comprehensive as ours.You must provide us with the name, address, policy number and details of the emergency and medical repatriation telephone number relating to such a policy within 14 days of booking. If you purchase our insurance all premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.We do not check alternative insurance policies.
13. COMPLAINTS PROCEDURE
Should you have a complaint about any aspect of your holiday, you must notify one of the coach drivers, coach assistants or one of our representatives, together with the supplier of the services in question immediately so that the problem can be quickly resolved in the resort. If the matter cannot be resolved, you must immediately complete a Holiday Report Form (available from our driver/representative) with details of your complaint. You must send this report to us within 28 days of returning home. Disputes arising out of, or in connection with any contract for non air-inclusive holidays only which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered 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 customer in respect of costs. Full details will be provided on request or can be obtained on the ABTA website ( http://www.abtanet.com/ ). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £15,000 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 the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement.
14. OUR LIABILITY (EVENTS CONNECTED WITH YOUR HOLIDAY PACKAGE)
(1) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see ‘Force Majeure')
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition,we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note,we cannot accept responsibility for any services which do not form part of our contract.This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort.
(2) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(3) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total.This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see clause 14(4) below.
(4) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited.The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). When making any payment,we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) This clause 14 is intended to set out our obligations to you as a tour operator/organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note,we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations.
(6) You must provide ourselves and our insurers with all assistance we may reasonably require.You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(7) For non-air inclusive holidays only, if you or any member of your party suffers illness, injury or death, through misadventure, as a result of an activity which does not form part of your contracted holiday arrangements,we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
15. PASSENGERS WITH HEALTH CONSIDERATIONS
Please note, our holidays may not be suitable for people with certain disabilities or medical conditions. If you have a disability, coaches can be difficult to get on and off and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. Should any member of your party suffer from any disability or medical condition which may affect their or other people's holidays you must provide full written details at the time you book the holiday including any specific requirements that person has. Additionally at the time you book the holiday you must provide written confirmation that all assistance the disabled person requires will be provided by you. In view of the nature of our holidays,we regret we must reserve the right to decline any booking whenever we feel unable to accommodate the 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 clients taking the same holiday. We further 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.
16. BEHAVIOUR
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions. In the event of any client behaving in such a way as is likely, (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, danger, damage or distress to others,we reserve the right to terminate that person's holiday arrangements and we will not be liable to complete your holiday arrangements and will not be liable for any refund, compensation, or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or if facilities are removed as a result of their action.
17. LEGER AIR HOLIDAYS LIMITED
Holidays which are operated by Leger Air Holidays Limited are indicated on the relevant holiday page with the ATOL number and sign. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used for your holiday at the time of booking. Where this information is provided at any time, any change will be treated as a minor change not entitling you to cancel or change to another holiday without paying our normal charges.The flight timings given on booking and detailed on your confirmation invoice are for general guidance only and are subject to change. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
18. FINANCIAL PROTECTION
The air holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is 3880. In the unlikely event of our insolvency, the CAA will ensure that you are not left 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. If your holiday does not include a flight, ABTA will financially protect your holiday in the same way.
19. IMPORTANT NOTICE
The information on this website was accurate at the time of publishing. Please note that there may be changes to the content of this website which will be notified to you by your travel agent or us before any contract between you and us is concluded. In some cases holidays shown on this website may operate subject to there being a minimum number of persons required. For air inclusive holidays,we impose a deadline of four weeks prior to the date of departure before deciding if sufficient passengers have booked to travel. In the event that minimum numbers have not been reached,we reserve the right to cancel your holiday and refund all monies paid. For non-air inclusive holidays we promise not to cancel for this reason after the balance due date of your holiday.