Booking Conditions
Your contract is with Creative Traveller
Please read carefully the information on our website and check the details confirmed to you of a booking made with us, as these form the basis of your contract -
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 as soon as we issue our confirmation invoice. We reserve the right to correct errors or revise costs at any time prior to issue of the confirmation invoice. We also reserve the right not to accept any booking. 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. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
2 Your financial protection
3 Your holiday price
When you make your booking you must pay a deposit of 10% of the accommodation cost. Should we be required to purchase flight tickets for your booking you will be required to pay the full amount along with your deposit. The balance of the price of your travel arrangements must be paid at least 8 weeks 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 a travel agent are held by the travel agent on our behalf. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times World Currency Table on 30 September 2006 in relation to the following currencies: £1 = 1.476 Euros.
Please note that the price of your travel arrangements can be varied due to changes in transportation costs, such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser, also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation.
Surcharges
However once your booking has been confirmed and the deposit paid, we will absorb any increases up to 2% of the price of your travel arrangements, excluding any amendment charges. If you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 6 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. 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.
4 If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements, for example your chosen departure date, accommodation or names of the party 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 for each change that is made as well as any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, you should therefore contact us as soon as possible.
5 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 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 in clause 6. We will apply these
6 If we change or cancel your holiday
The arrangements we offer are planned many months in advance and while it is unlikely that we will have to make any changes to them, we must reserve the right to do so.
A major change would include a change of accommodation to that of a lower standard than booked, a change of resort, or a change in outward or return departure time by more than 12 hours. All other changes are treated as minor and we are not under any obligation to compensate you for these.
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 this clause.
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 travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than eight weeks 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 this clause.
| If you make a major change or cancel your holiday |
If we make a major change or cancel your holiday |
Period before departure within which notice of which notice of cancellation or major change is received in writing by us Cancellation expressed as a % of total holiday cost |
Period before departure within cancellation or major change is notified to you or your travel agent Compensation |
| 56 days or more |
Deposit* and insurance |
56 days or more |
Nil |
| 43 – 55 days |
40% |
43 – 55 days |
£20 |
| 29 – 42 days |
60% |
29 – 42 days |
£40 |
| 15 – 28 days |
80% |
15 – 28 days |
£70 |
| 0 – 14 days |
100% |
0 – 14 days |
£100 |
|
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, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
7 If you have a complaint
It is a condition of our contract that if you have a problem during your holiday, you must inform the relevant supplier (e.g. your hotelier) and our resort representative (or local agent) immediately, who will endeavour to put things right. If, in the unlikely event your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our office at 22 Wingrave road, London W6 9HF. Please give 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.
It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative (or local agent) without delay and complete a report form whilst in resort.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
8 What happens to complaints
9 Holiday insurance
It is a condition of our contract that you have adequate insurance cover while on holiday and you must provide us with the details of your own policy when you book your holiday.
10 Special needs or requests
If you have any specific needs or special requests with your holiday arrangements you must discuss this with us at the time of booking. We will always try to meet your requests where possible, but cannot guarantee their provision. Failure on our part to meet such requests cannot be considered a breach of contract and we are unable to accept any bookings that are conditional on a special request being fulfilled.
11 Seasonal factors and facilities
Fewer facilities may be available to clients staying in resort at the beginning or end of the season due to weather conditions or lack of support. This is usually reflected in the low season pricing and we cannot be held responsible for their lack of provision, although we shall endeavour, when possible, to advise you of the withdrawal of any facilities if and when we are given reasonable notice.
12 Website accuracy
Our website is edited and checked by our staff and every effort has been made to ensure that none of the information or descriptions are false or misleading. The photographs on the website are intended to give an impression only and the company cannot be held responsible for any changes made by the owner to furniture, décor or style of a property.
13 Our liability to you
13 (i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described on this website. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the 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 twice the cost of your travel arrangements.
13 (ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our 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 to you such damages as might have been awarded in such circumstances under English Law.
13 (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 international conventions are available from our offices on request.
14 Personal injury unconnected with your booked travel arrangements
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 holiday with us 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, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000. |