We set out
below an explanation of the conditions that apply when you book
a holiday with us. It is important that you read these conditions as, together
with the Holiday Information pages in our brochure, they not only define our
obligations to you but also impose some important commitments upon you.
PLEASE NOTE Age Limit: The holidays contained on our website and in our brochures for Titan HiTours are not suitable for children under 12 years of age on the date of departure and we regret we cannot accept bookings for children younger than this.
1. 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 after seven days from the date of issue of 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.
2.
YOUR FINANCIAL PROTECTION
We are a member of ABTA (ABTA No.V4585) and hold ATOL No. 2850 issued by the
Civil Aviation Authority which provides for your protection in the event of
our insolvency.
3.
OUR GUARANTEE ON PRICE
We guarantee that the price of your holiday will not be subject to any surcharges.
This means that you are fully protected, no matter what happens
to the price of fuel or variations in the exchange rate for currency. Once a
contract exists between us, then the cost of your holiday cannot be increased.
Whilst we reserve the right to change prices from time to time, any changes
will be confirmed to you before you make your booking. The price of your holiday
as shown on your confirmation invoice will not be increased unless you amend
your booking. However, should we reduce the price after you have booked, we
guarantee that any reduction will automatically be passed on to you.
4.
PAYING FOR YOUR HOLIDAY
When you make your booking you must pay the deposit amount per person as indicated
on the booking form. The balance of the price of your travel arrangements must
be paid at least 56 days before your departure date. If the deposit and/or balance
is not paid in time, we reserve the right to cancel your travel arrangements.
If the balance is not paid in time, we shall retain your deposit. All monies
you pay to the travel agent are held by him on your behalf until we issue our
confirmation invoice. After this the travel agent holds the monies on our behalf.
Please note - Certain holiday additions and flight requests are
subject to special conditions. Please refer to the relevant paragraphs contained
on the Extending Your Holiday page of the brochure.
5.
THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS REGULATIONS 1992 (THE
REGULATIONS)
(a) The Regulations impose various legal requirements on us in relation
to packages. Any travel arrangement you book with us in the UK before your departure
we will accept as being a package. These conditions are designed to reflect
the Regulations.
(b) The Regulations particularly impose constraints on the extent to
which we can change or cancel your package and impose consequences for any change
or cancellation by us. They also require us to accept certain liabilities should
something go wrong with your package. In the conditions dealing with changes
or cancellations by us and with our liability should something go wrong with
your package, we only detail those areas where we are given discretion by the
regulations. You must accordingly read these conditions in conjunction with
the Regulations, a copy of which can be obtained from any branch of The Stationery
Office.
(c) Excursions or other tours that you may choose to book or pay for
through the tour manager or overseas representatives while you are on holiday
are NOT packages and are not governed by the Regulations. Therefore, unless
you suffer personal injury or death caused by our negligence we do not accept
any liability for any loss or damage you may suffer from any excursion. Any
arrangements made while you are actually on holiday and which are not made through
us are those for which we do not have any responsibility or liability.
6.
IF YOU CHANGE YOUR BOOKING
Once a contract exists between us, you may wish to change your travel arrangements,
for example, your chosen dates of travel, accommodation etc. and we will do
our utmost to make these changes but it may not always be possible. Any request
for changes to be made must be in writing from the person who made the booking
or your travel agent. You will be asked to pay an administration charge of £25
per booking form and any further cost we may incur in making this alteration.
You should be aware that these costs could increase the closer to the departure
date that changes are made and you should therefore contact us as soon as possible.
Notes:
(i) Certain travel arrangements (e.g. Apex Tickets) cannot be changed
after a reservation has been made and any alteration request will incur a 100%
cancellation charge.
(ii) Transfers to the airport, seaport or any other place of departure
within the UK, where included in the price of your holiday, are a free-of-charge
service.
7.
IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any
time. Written notification from the person who made the booking or your travel
agent on your behalf must be made and the cancellation will be effective from
the date it is received at our offices. Since we incur costs in cancelling your
travel arrangements, you will have to pay the applicable cancellation charges
up to the maximum shown on the next page. It should be noted that any additional
deposit paid for confirmation of a holiday addition or flight upgrade will be
included in the scale of cancellation charges detailed at the foot of the following
page. Should cancellation occur more than 56 days from departure, the cancellation
charge will, therefore, be loss of deposit plus this additional payment.
Notes:
(i) If the reason for your cancellation is covered under the terms of
your insurance policy, you may be able to reclaim these charges.
(ii) If one person participating in a twin or triple share arrangement
should cancel and no alternative share can be found, whether arranged by us
or by yourselves, the remaining participants would then be required to pay the
relevant single supplement or forfeit the triple reduction.
8.
IF WE CHANGE OR CANCEL YOUR HOLIDAY
It is unlikely that we will have to make any changes to your travel arrangements,
but we do plan the arrangements many months in advance. Occasionally, we may
have to make changes and we reserve the right to do so at any time. Most of
these changes will be minor, and we will advise you or your travel agent of
them at the earliest possible date. We also reserve the right in any circumstances
to cancel your travel arrangements. For example, if the minimum number of clients
required for a particular holiday is not reached, we may have to cancel it.
We will not cancel your travel arrangements less than 56 days before your departure
date, except for reasons of force majeure or failure by you to pay the final
balance. If we are unable to provide the booked travel arrangements, you can
either have a refund of all monies paid or accept an offer of alternative travel
arrangements of comparable standard from us if available. If it is necessary
to cancel your travel arrangements, we will pay to you compensation as set out
in the table on the next page.
Please note that carriers such as airlines may be subject to change. Such a
change is deemed to be a minor change. Other examples of minor changes include
alteration of your outward/return flights by less than 12 hours, changes to
aircraft type, changes to airport of departure or destination airport, change
of accommodation to another of the same standard, closing of hotel facilities
for improvement or emptying a swimming pool for cleaning.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed in the table at the bottom of this page.
Major
Change - This means that there has been a significant change of resort,
a change of accommodation to that of a lower category, a change of flight time
of more than 12 hours and a change of departure airport (except between London
airports).
Force majeure - This means that we will not pay you compensation
if we have to cancel or change your travel arrangements in any way because of
war, riot, industrial dispute, terrorist activity, civil strife, natural or
nuclear disaster, fire, adverse weather conditions, rising or falling water
levels, closure of locks, perils and dangers of the sea, technical or maintenance
problems to transport (in particular the inability of a ship to sail) closure
of airports or seaports or other unforeseen circumstances that may amount to
force majeure. Routings and itineraries can be affected by adverse weather,
road closures or other reasons and may be varied accordingly. Cruise lines may
make alterations to itineraries at any time over which we have no control. We
shall endeavour to advise you of these changes as soon as we are aware of them.
9.
IF YOU HAVE A COMPLAINT
If you have a problem or cause for dissatisfaction, please inform the relevant
supplier, for example the hotel, the cruise line, the transportation company
and our tour manager or local representative (if applicable). This allows us
the opportunity to put things right on the spot. If you remain dissatisfied
you must contact our UK Duty Control on +44 1293 450 570 in order that we are
allowed the opportunity to find a reasonable solution. It is therefore a condition
of this contract that you communicate any problem to the supplier of the services
in question AND to our representative WHILST IN THE RESORT and you must confirm
your complaint in writing to the persons set out above. If your complaint is
not resolved locally, please follow this up within 28 days of your return home
by writing to our Customer Services Department giving your booking reference
and all other relevant information, keeping your letter concise and to the point.
This will assist us to quickly identify your concerns and speed up our response
to you. If you fail to follow this simple procedure we will have been deprived
of the opportunity to investigate and rectify your complaint and this may affect
your rights under this contract.
10.
WHAT HAPPENS TO COMPLAINTS
Titan Travel Limited is proud of its high reputation for customer satisfaction
and strives to reach amicable settlement of the small number of complaints we
receive. It is unlikely that you will have a complaint that cannot be settled
amicably between us. However, disputes to do with this contract that cannot
be settled amicably may, if you wish, be referred to arbitration under a special
scheme arranged by the Association of British Travel Agents but administered
quite independently by the Chartered Institute of Arbitrators. The scheme (details
of which are available upon request) provides for a simple and inexpensive method
of arbitration on documents alone with restricted liability on you in respect
of costs. The scheme does not apply to claims for any amount greater than £1,500
per person and £7,500 per booking form. Also it does not apply to claims
that relate to physical injury or illness. If you choose to proceed to arbitration
under this scheme, you must send a written notice of your decision to ABTA within
nine months after your scheduled date of return.
11.
OUR LIABILITY TO YOU
(i) We accept responsibility for ensuring that the travel arrangements
that you book with us are supplied as described in this brochure. If any part
of these travel arrangements is not provided as promised, we will pay
you appropriate compensation if this has affected your enjoyment of your travel
arrangements. We accept responsibility for the acts and/or omissions of our
employees, agents and suppliers except where they lead to death, injury or illness.
Our liability in all cases shall be limited to a maximum of the cost of your
holiday, any directly attributable expenses and a daily sum of £48 per
person.
(ii) We accept responsibility for death, injury or illness caused by
the negligent acts and/or omissions of our employees or agents, or suppliers
and sub-contractors, whilst acting within the scope of, or in the course
of their employment, in the provision of your travel arrangements. We will accordingly
pay you such damages as might have been awarded in such circumstances under
English Law.
(iii) In respect of travel by air, sea and rail and the provision of
accommodation, our liability will be limited in the manner provided by the relevant
international convention. Copies of these conventions can be obtained from The
Stationery Office. You should note that this acceptance of liability on our
part is subject to assignment by you of your rights against any employee, agent
or supplier of Titan Travel Limited who is
in any way responsible for the death, injury or illness you suffer.
(iv) If you, or any member of your party, suffer death, illness or injury
whilst overseas arising out of an activity which does not form part of your
package travel arrangements or an excursion arranged through us, we shall at
our discretion, offer advice, guidance and assistance. Where legal action is
contemplated and you want our assistance, you must obtain our written consent
prior to commencement of proceedings. Our consent will be given subject to you
undertaking to assign any costs and benefits received under any relevant insurance
policy to ourselves. We limit the cost of our assistance to you or to any one
booking form to £5,000.
12.
YOUR RESPONSIBILITIES
(i) You must ensure that you and the rest of your party have valid passports,
any appropriate visas and vaccinations as indicated on the Holiday Information
pages in our brochure. We are not liable for any costs, delays or illness resulting
from your failure to meet these requirements.
(ii) You must be responsible for ensuring that any existing medical conditions
or disabilities which may require assistance are declared to us before your
book your holiday or, if newly diagnosed, before date of departure. We can only
accept your booking upon the clear understanding that we cannot be liable if
any airline refuses to accept you or any member of your party as a passenger
if this information is not made known to us.
(iii) You must be responsible for the behaviour of yourself and your
party. We reserve the right to refuse your booking or to remove you or a member
of your party from any tour or holiday, if your demeanour or behaviour, or that
of a member of your party, is disruptive, dangerous or annoying to other people.
No refund or payment of any costs incurred by you will be made by us under these
circumstances.
13.
INSURANCE
You must be suitably insured either through Titan Travel Insurance or with another
insurer offering at least equivalent cover before we will accept your booking.
We will add the cost of our insurance to your invoice unless you provide details
of your insurer on your booking form. None of the activities included in any
of our tours can be deemed to be of a hazardous nature, i.e. of the type normally
excluded from any travel insurance cover. However, optional excursions may be
offered which could include trips in light aircraft or helicopters and these
have been deemed to be included under Titan Travel Insurance. Those clients
electing to take alternative insurance should check their policy to confirm
they are covered for these particular activities. Should
you while on holiday choose to take part in any such activity (e.g. hang gliding,
hot air ballooning, white-water rafting, etc.) which can be deemed as being
of a hazardous nature, we cannot accept any liability for death or injury. It
is also essential to ensure that cover is provided under the terms of your travel
insurance. The organisers of some adventure activities that you may choose to
take part in whilst on holiday may request you to sign a waiver of their liability
for risks involved. We must draw your attention to the fact that by signing
such a document you may well lose any rights to claim for damages in respect
of death, injury, or loss of or damage to property even if negligence on the
part of the activity organiser is proven to have occurred. Tour managers and
local representatives are instructed not to act as agents in booking any alternative
activities other than those approved by Titan Travel. Any assistance they may
offer at your request does not imply they have acted as an agent or that these
activities have been approved and are offered for sale by the company.
14.
DATA PROTECTION ACT
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/dietary requirements etc. We
take full responsibility for ensuring that proper security measures are in place
to protect your information. However, we must pass the information on to the
relevant suppliers of your arrangements such as airlines, hotels, transport
companies, etc. The information may also be provided to public authorities such
as cruise lines for customs/immigration purposes if required by them, or as
required by law.
Additionally,
where your holiday is outside the European Economic Area (EEA), controls on
data protection 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 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 process your booking. In making your booking, you consent
to this information being passed on to the relevant persons.
Note: We are committed to the on-going training of our staff and, on occasions,
this may involve the recording of telephone conversations.
|
Period
before departure within which notice of cancellation or major change is
received by us or notified to you.
|
IF
WE make a major change to your holiday.
|
IF
WE cancel your holiday amount you will receive from us.
|
IF
YOU cancel your holiday amount of cancellation charge.
|
|
More
than 56 days
|
£NIL
|
Deposit
Only
|
Deposit
Only
|
|
43
- 56 Days
|
£15
|
100%
of holiday cost + £15
|
20%
of holiday cost
|
|
29
- 42 Days
|
£30
|
100%
of holiday cost + £30
|
40%
of holiday cost
|
|
15
- 28 Days
|
£45
|
100%
of holiday cost + £45
|
60%
of holiday cost
|
|
0
- 14 Days
|
£60
|
100%
of holiday cost + £60
|
80%
of holiday cost
|
|
Day
of Departure or after
|
-
|
-
|
100%
of holiday cost
|
All contracts between Titan Travel Limited and its clients are made on the terms of the above booking conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times. Published June 2002.