All holidays are organised and offered for sale in the United Kingdom by South Quay Travel & Leisure Limited trading as Smile Group Travel (ATOL 4619) and (ABTA V9945) ("South Quay"), ("us"), ("our") of Gateway House, Stonehouse Lane, Purfleet, RM19 1NS.
These conditions together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us for the travel arrangements making up your booking (your ‘arrangements’ or ‘trip’). . Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018.
In these Booking Conditions references to "you" and "your" include the first named person on the booking (the Tour Group Leader – who will be our sole point of correspondence and contact) and all persons named on the booking (including anyone added or substituted at a later date). By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
a. He/she has read these terms and conditions, has the authority to and agrees to be bound by them;
b. He/she consents to our use of information in accordance with our Data Protection Policy (see clause 17);
c. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
The key terms of our agreement are:-
1. You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges will increase to up to 100% of the cost of them, the closer you cancel to the date you travel;
2. You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
3. We may make changes to and cancel your confirmed arrangements but we will pay you compensation in certain circumstances if we do so;
4. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.
Your Financial Security
Tours not involving air travel are financially protected by South Quay Travel & Leisure Ltd.’s bond with ABTA. Membership Number V9945. In the unlikely event of South Quay Travel & Leisure Ltd.’s insolvency, ABTA will ensure that you are not left stranded abroad and will arrange to refund any money paid to South Quay Travel & Leisure Ltd for an advance booking.
Holidays involving air travel are financially protected by South Quay Travel & Leisure Ltd.’s bond with the Civil Aviation Authority ATOL 4619. The CAA will financially protect your holiday in the same way to ensure that you are not left stranded abroad, and will arrange to refund any money you have paid to us for an advance booking except where your contracted arrangements with us do not include transport to and from the UK. In this case, if already abroad, you will be returned to the point where your contracted arrangements with us commenced. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Many of the flights and flight-inclusive holidays advertised or on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services advertised or shown on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). 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
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
If you book arrangements other than an ATOL protected flight or a package tour, the financial protection referred to above does not apply.
1. Description, Prices & Payment
Important note: the information and prices shown may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the information and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. Should we become aware of the need to revise information or prices, we may do so by informing you before we accept your booking. In this case the revised information or prices will be considered to form part of our contract with you as if they had originally been published in our brochure and/or on our website.
Bookings can be made by calling us or by completing and signing the booking form, which you will need to post or email to us along with your deposit. Bookings confirmed by telephone, with a deposit payment taken and confirmation invoice issued, are legally binding agreements and are subject to the same booking conditions as a booking confirmed in writing. .
Once we have received all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. Upon receipt, if you believe that any details on the confirmation (or any other document) are wrong you must advise us immediately as changes may not be made later. It may harm your rights if you don’t. Your balance payment is due no less than 13 weeks prior to departure, for which we will not issue a reminder.
(6 hours or less)
(7 hours +)
(To secure your booking)
25% or £250 (lowest amount)
20% or £250 (lowest amount)
(6 months prior to departure)
30% or £500 (lowest amount)
No later than 13 weeks prior to departure
No later than 13 weeks prior to departure
If we do not receive all payments due in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 2 will be payable.
The price of your travel arrangements has been calculated using exchange rates known at the time of your booking enquiry. We reserve the right to amend the price of unsold travel arrangements at any time and correct errors in the prices of confirmed holidays. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 9.
The price of your confirmed package arrangements are subject to variations which occur solely as a direct consequence of changes in:-
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
(c) the exchange rates relevant to the package.
Price variations will be calculated by applying the cost differential we experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days before you are due to depart.
If that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 3.
If prices go down as a result of the above factors, a reflective refund will be made, but we/the applicable supplier will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due. Also, note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.
2. Changes and Cancellations by you
If you wish to change any part of your arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. We have no obligation to make these changes, however we will do our best to help. Where we can meet a request, all changes will be subject to an administration fee of £25. The administration fee that we charge is in addition to any charges levied by ground operators, hotels or airlines. You should be aware that these costs could increase the closer to the departure date you make a change or cancellation so if changes are required you should contact us as soon as possible. It should also be noted that a reduction or increase in the numbers traveling in the group from those originally booked may have an effect on the overall price per person. In other words, the price per person may be increased as your tour price will be re-calculated for the new party size. The price of your new travel arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first made your booking. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services. As most airlines do not permit name changes after tickets have been issued for any reason, for flight inclusive bookings, you will have to pay the full cost of an alternative flight (if available) if you wish to transfer after tickets have been issued.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
Cancellations must be made by the Tour Group Leader in writing by letter or email and will take effect when received by us. You will receive an invoice confirming your cancellation within two weeks of receiving your correspondence. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.)
Date Cancellation received
After deposit received
13 weeks or less
100% of total price
In addition please note that certain travel arrangements e.g. many scheduled transport providers and additional options such as excursions, a 100% cancellation fee may apply as soon as the booking is made. Please ask for full details of cancellation charges at time of booking. Where we have organised your flights, if you are travelling on a scheduled flight, we cannot give you any refund (if one is due) until we have received your old travel documents, including tickets.
Free of charge places for staff are given based on the pay members of the group. If any of these paying members drop out this will affect the free of charge places. Therefore any differences will have to be covered by the remainder of the group.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
3. Changes and Cancellations by us
We make travel arrangements many months in advance and this can mean that changes may have to be made to your itinerary. We therefore must reserve the right to change or cancel your travel arrangements. Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 8.
Changes and cancellations before departure
Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of your arrangements we will try to notify the change to you or your travel agent as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.
Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we or our suppliers significantly alter any of the main characteristics of your arrangements. Examples of significant changes include the following changes when made before departure:-
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of time that your arrangements cover of twelve hours or more.
- A significant change to your itinerary, missing out one or more destination entirely.
· Where we or our supplier can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation invoice and this will have a significant impact on your arrangements.
· Where we increase the price of your arrangements by more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services).
If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i (for significant changes) agreeing to the changed arrangements,
ii accepting the cancellation or terminating the contract between us and receiving a refund (without undue delay) of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Where you have booked a package; and subject to the following exceptions as well as the limitations and exclusions in section B of clause 8, we will where appropriate and depending on the circumstances and the length of time before the start of your arrangements we notify you of the significant change or cancellation, pay you reasonable compensation.
We will not pay you compensation where:-
i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9;
iii) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.
We will not make a price reduction or pay you compensation; and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations to package arrangements after departure
If we become unable to provide a significant proportion of your package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. Where our original agreement included return transport we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate and only where your arrangements are a package, we will pay you compensation subject to section B of clause 9.
Where we are unable to ensure your return from a package as agreed because of unavoidable and extraordinary circumstances which directly prevent you from travelling safely back to your point of departure, we will bear the cost of necessary accommodation if possible of equivalent category for a period not exceeding (a) 3 nights per traveller (exceptions apply in respect of persons with reduced mobility and people travelling with them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package); or (b) where a different period is specified in any passenger rights legislation applicable to the relevant means of transport for your return, for the period specified in that legislation.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
In accordance with European Community Regulations (EC) No 2111/2005, we are required to advise you of the actual carrier operating your flight. Any flights arranged by us may be operated by UK, European and International airlines and this will be detailed in your booking confirmation, however we may change airlines or aircraft at any time. We do not use any airlines that have been blacklisted by EU regulations due to failure to comply with International flight regulations. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm Flight times are provided by airlines and are subject to change owing to matters such as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. As between you and any individual airlines, the airline's standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from us on request.
Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of heading 3 (Changes and cancellation by us) will apply.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in clause 3 above. If the airline does not comply with these rules you should complain to the air transport users council on 020 7240 6061 http://www.auc.org.uk. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
We cannot accept liability for any delay which is due to any of the reasons set out in the ‘force majeure’ section of clause 9 of these booking conditions (which includes the behaviour of any passenger(s) on for any passenger who, for example, fails to check in or board on time). A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. However, you may be entitled to claim under the flight delay section of your travel insurance policy.
This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
5. Passports, Visas, Health Formalities & Travel Documents
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide guidance and general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your Doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. A full 10 year British passport is required for all our tours. If you do not hold a valid 10 year British passport, please note it can take up to twelve weeks to obtain a new one. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. You must ensure you have the correct travel documents in your possession before departure, failing which you will be liable for any costs. Please note children must now have their own passport. For all passport enquiries contact the UK Passport Agency on 08705 210 410 or http://www.ips.gov.uk. It is your responsibility to ensure that you are fit to travel and to take all necessary medication etc. with you. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Any cancellation that arises due to visa/passport requirement will be subject to the cancellation charges detailed above.
Any accommodation we arrange for you must only be used by the names stated on your confirmation document (or most up to date, amended documentation).
We have no control over the local organisation of your billets (homestay) accommodation. We use schools/clubs who have offered this hospitality previously. It is your responsibility to tell us if you are unhappy with this accommodation. We are responsible if you decide what you have been offered is unsatisfactory. Once written confirmation of these has been obtained by us/our local agent neither we nor our local agent can be financially responsible for any withdrawal or alteration of this offer. Should this occur, we undertake to provide the most suitable alternative at the time, at the least possible expense to you, with any hotel accommodation required in place of billets to be on a bed and breakfast basis only. An indication of possible additional costs can be provided on request at any time.
7. Sports Fixtures
With regards to fixtures will do our best to arrange suitable opponents on the basis that you provide us with the date of birth and standard of play, however we have no control of the final selection of the oppositions’ standard or their ages and will not be held responsible for this minor change. In addition fixtures are subject to change due to weather conditions, venue availability and opponent no shows.
8. Our Responsibility to you
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause.
A. Our responsibilities
We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact the office on 01708 893250.
B. Limitations of responsibility
In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:-
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 6.
We will not be responsible, make a price reduction or pay compensation:-
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by an International Convention
When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions. The extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask us for copies of these Conventions.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
The maximum amount we will have to pay you in respect of all such claims relating to bookings of packages is three times the price paid by or on behalf of the person(s) affected in total. The maximum amount we will have to pay you in respect of all such claims relating to other bookings is an amount equivalent to the price paid by or on behalf of the person(s) affected in total. These maximum amounts will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
Assistance to those on a package in the event of difficulty or unavoidable and extraordinary circumstances
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in clause 9. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact the office on 01708 893250.
9. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or give you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances as may any consequences of the UK’s decision to leave the European Union, or any consequences of it so leaving.
10. Suppliers' Conditions
Many of the services which make up your trip are provided by independent suppliers. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms are available on request from ourselves.
We cannot accept liability for any delay which is due to ‘force majeure’ as defined above. A delay to or cancellation of your transport service does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your transport. However, you may be entitled to claim under the delay section of your travel insurance policy.
12. Conduct & Behaviour
If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost services will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the applicable supplier prior to departure from the service in question. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
13. Disabilities, Medical conditions & Special requests
We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so.
If you have any special requests, please notify us at the time of booking. We will do our utmost to cater for any special requirements you may have, however we regret we cannot guarantee the suitability of your chosen arrangements or that any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request/requirements can be met.
If we reasonably feel unable to properly accommodate the particular requirements of the person(s) concerned, we will not confirm your booking. If full details are not given at the time of booking, cancellation may be necessary (in which case we will impose applicable cancellation charges) when we become aware of these details. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
We and the supplier concerned reserve the right to refuse boarding in the event that we reasonably feel that an individual is not fit to travel. We will deem that person unfit to travel if in the 48 hours or less before departure they have suffered with any medical symptoms suggestive of a viral illness including but not limited to diarrhoea, vomiting, high temperature or other flu-like symptoms.
It is a condition of booking with us that you take out appropriate travel insurance. Details of our insurance policy are available on request via Endsleigh Insurance. This policy includes cover for cancellation charges and the cost of assistance, including repatriation, in an emergency. 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. If you do not purchase this insurance you must arrange alternative insurance of at least comparable standard (we will not check it, this is your responsibility). If you choose to travel without adequate insurance cover, we will not be liable for any losses, in respect of which insurance cover would otherwise have been available.
If you experience a problem during your holiday, you must report it immediately to the relevant airline, ground handler, hotelier or other supplier, so that prompt efforts can be made to resolve the problem. At the time of booking you will be provided with emergency contact details should you need to contact us urgently. In the unlikely event that a problem cannot be resolved at the time and you wish to complain further, you must send us full written details within 28 days of your return. Failure to take either or both of these steps will prejudice our ability to resolve your problem and/or investigate it fully. In consequence, any right to compensation you may have will be extinguished or, at the very least, substantially reduced.
16. Law & Jurisdiction
This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your trip will be dealt with under the ABTA dispute resolution Scheme (if the scheme is available for the claim in question - see clause 17 – ABTA dispute resolution) or by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
17. ABTA dispute resolution
We are a Member of ABTA, membership number V9945. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Information provided by you to us in connection with your holiday will be collected and held by us in accordance with the General Data Protection Regulation and our full data protection policy which is available here . For the purposes of the General Data Protection Regulation we are a data controller. In order to process your booking and to ensure that your travel arrangements can be properly performed we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, their passport and insurance details, credit/debit card or other payment details and (with your specific consent), special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example your cruise operator, airline, hotels, credit/debit company or bank). The information may also be provided to public authorities such as customs/immigration if required by them, or otherwise as required by law. If you fail to provide us with this information, we may not be able to plan or confirm your booking. We have appropriate security measures in place to protect the personal details you give us. You are entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed; to delete, rectify or block the information we hold about you; to complete and restrict its use, and to port it to another organisation. You have the right to object to the processing of your data in some circumstances and where we have asked for consent to process your data in ways additional to those listed above (for example, for marketing purposes), you may withdraw this consent.
ABTA No V9945, South Quay Travel & Leisure Limited
Gateway House, Stonehouse Lane, Purfleet, Essex. RM19 1NS
Telephone: 01708 893250 Email: email@example.com
Notice applicable to packages pursuant to and Key Rights under the Package Travel and Linked Travel Arrangements Regulations 2018:-
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. SOUTH QUAY TRAVEL AND LEISUE Ltd will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, SOUTH QUAY TRAVEL AND LEISURE Ltd has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. SOUTH QUAY TRAVEL AND LEISURE Ltd has taken out insolvency protection with the Civil Aviation Authority or ABTA. Travellers may contact these entities if services are denied because of SOUTH QUAY TRAVEL AND LEISURE Ltd’s insolvency.
The Package Travel and Linked Travel Arrangements Regulations 2018