Terms and Conditions - Shearings Holidays
Please read the following terms and conditions carefully.Trading Charter
1. Why should I read this?
Because it is important. This Trading Charter, together with the important Holiday Information, forms the basis of a legally binding contract between you (the person making the booking and everyone else named) and us (Shearings Holidays Limited, Miry Lane, Wigan, Lancashire, WN3 4AG, ABTA No V6468, ATOL No 1666). If you take a few moments to study them you will see that they set out in simple terms what responsibilities we each have under the contract. Reading it now may help to avoid problems later.
2. How do I make a contract with you? You can make the contract in a number of ways on this website through your travel agent. The contract between us is made when your booking is entered on our computer and a booking reference number is produced. At that moment the contract between us begins. We will send you a confirmation usually within 24 hours; please check it carefully to ensure all the details are correct.
3. What if I have any special requests?
For more details on special requests/requirements please read what we have to say in the relevant section in the Important Holiday Information.
4. Do I have to buy your insurance?
We strongly advise all our customers to take out travel insurance to cover medical and repatriation costs, personal injury, loss of baggage and cancellation charges. You do not need to take out our travel insurance but you should have insurance, which is at least as good as or better than the insurance we offer. If you do not buy our recommended insurance you must inform us at the time of booking of the name and address of your insurance company and the policy
number, or sign our holiday insurance indemnity form. If you do not have adequate insurance and require our assistance whilst on holiday, we reserve the right to reclaim from you any medical repatriation or other expenses, which we may incur on your behalf, which would otherwise have been met by insurers.
5. What do I have to pay and when?
When you make your booking you must pay a deposit for every person named on the booking. Deposits per person and balance due dates (the period before departure date on which your full balance normally becomes due) are:
*An amount of Â£1 per person as part of the ATOL Protection contribution (APC) we pay to the Air Travel Trust Fund is payable with the deposit. If you book within the balance due date you must pay the total price of the holiday (including any insurance premiums) at the time you book. In other cases, you must pay thebalance of the price of the holiday on or before the balance due date. If you do not, we will cancel your booking and you will have to pay the cancellation charges set out in section 9. Deposit and balance payments made by credit card may be subject to a handling charge.
Oberammergau/special events deposit levels will be advised at time of booking.
6. When I pay my money to my travel agent who does it belong to?
Until we have a contract with you, your travel agent holds your deposit on your behalf. After that he holds it for us. Any money you pay him for the balance of your holiday he holds for you until the due date on your invoice. After that date he holds it for us. As soon as you pay any money to your travel agent in respect of a booking, which includes air travel, they will hold that money on our behalf at all times.
7. Do you have a price promise?
All prices quoted are correct at the time of printing (May 2009). We reserve the right to change our prices from time to time. This could mean that when you book your chosen holiday the actual price quoted may have gone up or down. The correct price will always be
confirmed at the time of booking.
Once a booking has been confirmed by us, we will only change prices in very limited circumstances. The price of your travel arrangements is subject to change for an increase or decrease on the following items: transportation costs including fuel, ferry operator fares and tolls, embarkation or disembarkation fees at terminals; scheduled airfares and any other airline charges which are part of the contract between airlines (and their agents) and us; currency in relation to exchange rates applied to a particular holiday booked; dues and taxes including changes in VAT or another Government imposed changes. In the case of a small variation an amount equivalent to 2% of the price of your holiday, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations, this 2% will still be absorbed for increases, but not retained from refunds. In either case, there will be
an amount to cover agents commission. If this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all monies paid except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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. Alternatively, you can accept an offer of an alternative comparable holiday of equivalent or superior quality, if available. You may then transfer payment made in respect of the original holiday to the alternative holiday. If the cost of the alternative holiday is less than the original holiday, the difference in price will be refunded. We will also pay compensation as set out in clause 12, overleaf. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. In addition to Sterling we use the following
currencies in calculating our holiday prices.
The price of your holiday in this brochure were calculated on 17th April 2009, using, where appropriate, the following exchange rates:
Â£1 sterling =Euro 1.13 Switzerland 1.70 Denmark 8.35 Norway 9.70
US 1.50 Canada 1.76 8.
8. Can I change my holiday arrangements once I have made them?
If you want to make any changes to your booking such as changing the date, or the room type, or joining point, we will do our best to help but we cannot guarantee to make the changes that you want. If we do
manage to make the changes we reserve the right to charge a fee to cover our administration costs, plus any extra charges if you are buying a more expensive holiday. Some changes however are so significant that we will treat them as cancellations and you must pay
the cancellation charges set out in section 9. Significant changes include (i) transfer to a different holiday or departure date within
the balance due date, (ii) transfer to a late availability offer or other special offer holiday, (iii) any changes to a holiday involving air travel where we are unable to secure seats from the airline at our contracted price. A transfer of a booking to someone else is not a significant change. If you wish to transfer your booking please see section 10.
9. Can I cancel my holiday?
Yes, you or any of your party may cancel your holiday at any time, but if you do so you will have to pay us cancellation charges based on the scale below. These charges are to compensate us for the risk of not being able to resell your holiday. When you cancel you must inform us or your travel agent in writing. Your cancellation will take effect from the date we or your travel agent receive your notice in writing, signed by the person who made the booking. You must also return any travel tickets or vouchers we may already have sent you. Please note, if only part of a booking is cancelled this may mean that the accommodation booked will be under-occupied and may result in the remaining passengers having to pay any applicable supplements, e.g. changing a twin room to a single. Cancellation charges are based on the following scale:see section 13.
If amendment fees have been added to the booking, these remain due in addition to the minimum cancellation fee.*Air fares, where holidays include flights, when cancelling your holiday we reserve the right to charge for the full cost of the flight if the charge exceeds our minimum deposit charge per person.
Please note that your insurance policy may cover you against the cost of cancellation or you may be able to transfer your booking to another person in some circumstances.
Please see cancellation charges below section 13
10. Can I transfer my booking to someone else?
You may transfer your booking to someone else if you give us reasonable notice. The transferee must be someone who satisfies
all the conditions for the holiday. We will make an administration charge of Â£20 per person for every transfer we make. We will also charge you for any extra costs caused by the transfer. Both you and the transferee remain responsible for paying for the holiday. If you do transfer your booking to someone else that person must take out separate insurance in accordance with section 4.
11. What if I misbehave?
If you or any member of your party are abusive or disruptive or behaves in a way which, in our reasonable opinion, could cause damage or injury to others or affect their enjoyment of their holiday, or which could damage property, we have the right, after reasonable consideration, to terminate your contract with us. In such circumstances we will have no further obligations or liability to you. The coach driver, ship captain, aircraft captain or authorized official of other means of transport is entitled to refuse boarding to you if, in their reasonable opinion, you are unacceptably under the influence of drink or drugs or being violent or disruptive. If you are refused boarding on the outbound journey or flight for this reason we will regard this as a cancellation of the contract by you and cancellation charges will be levied according to the scale in section 9. If the refusal is on the return journey or flight we have the right to terminate the contract. In such circumstances we will have no further obligations or liability to you. If you are disruptive during the journey or flight the coach driver, captain or other authorized official may have to divert, to off-load you. In those circumstances you will also be liable to us and/or the shipping airline or other transport provider for the costs incurred by the diversion.
12. What if things go wrong?
We accept responsibility if any part of your holiday arrangements, booked with us, is not as described in the brochure or not of a reasonable standard; or if you or any of your party suffer death or injury as a result of an activity forming part of your holiday arrangements which you booked with us before your departure; if the failure in the holiday arrangements or any death or personal injury is due to any fault on our part or that of our agents or suppliers whilst acting in the course of their employment. We do not accept responsibility if the failure, death or personal injury is not caused by any fault of ours or of our agents or suppliers or is caused by you or
someone not connected with your holiday arrangements; or if the failure, death or personal injury is due to unusual or unforeseen circumstances which, even with all due care, we, or our agents or suppliers, could not have anticipated or avoided. For claims, which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you, is twice the price per person affected paid for their holiday (not including insurance ).
13.Cancellation charges are based on the following scale:-
Period before departures within which written cancellation is received.Less than 5 days duration excl. New Year, Easter and air holidays.
More than 56 days Deposit
56 to 49 days deposit
48 to 29 days deposit cost or deposit if greater
28 to 22 days 50% of total cost or deposit if greater
21 to 8 days 70% of total cost or deposit if greater
7 to 1 days 90% of total cost or deposit if greater
Departure day or later= Total holiday cost
Period before departures within which written cancellation is received. Holidays of 5 days or longer, all air and 4 day New Year & Easter holidays.
More than 56 day deposit.
56 to 49 days 30% of total cost or deposit if greater.
48 to 29 days 50% of total cost or deposit if greater.
28 to 22 days 50% of total cost or deposit if greater.
21 to 8 days 70% of total cost or deposit if greater.
7 to 1 days 90% of total cost or deposit if greater.
Departure day or later = total holiday cost.