Orlando Holiday Shop are acting as your tour operator.
1. Your contract with 'Orlando Holiday Shop' – ATOL holder (6858)
2. Making a booking
3. Prices
4. Changes by You
5. If you cancel your booking
6. If we amend your booking
7. If we cancel your booking
8. Our Liability
9. Documentation
10. Conditions of carriage/accommodation
11. Contact
12. Unused services
13. Insurance
14. Complaints
15. Applicable law
1. Your Contract with Orlando Holiday Shop –
When you make a booking with 'Orlando Holiday Shop' you undertake that you
have the authority to accept and do accept these booking conditions on behalf of
yourself and your party. A contract will exist upon our accepting any monies from
you towards the booking, or upon the issue of our Confirmation/Invoice, whichever
is the earlier. These conditions in conjunction with the information set out in
our published literature or website form the entire agreement between yourself and
ourselves.
2. Making a Booking – When you or your travel
agent makes a booking with 'Orlando Holiday Shop' and we accept it, you must
immediately pay a deposit. PLEASE NOTE: payment for airfares (subject to the ticketing
deadline). After we receive your deposit or balance a confirmation/invoice will
be sent to you or your travel agent setting out all the travel arrangements and
balances remaining. Balance must be paid in full no later than 12 weeks prior to
departure. If you are departing within 12 weeks then the total cost of the holiday
is payable in full when the booking is made. If either deposit or balance is not
paid on time we reserve the right to cancel your arrangements with 'Orlando Holiday
Shop' and levy the cancellation charges set out in clause 5 below. Payment
retained by Orlando Holiday Shop in the event of cancellation must be no more and
no less than the cancellation charges set out in clause 5 below.
You are not covered by ATOL when tickets for scheduled flights are sent to you within
24 hours of payment being accepted, or where your payment is made direct to airlines.
3. Prices – Prices are fixed at the time of
booking and generally will not be subject to surcharges. The only exception to this
will be an increase in our costs arising as a result of any government action including
but not limited to new or increased taxes such as VAT. When a surcharge is payable
an administration charge of £2.50 per person together with an amount to cover travel
agents commission (if applicable) will be added. If this means that you have to
pay more than 20% of the original booking price you will be entitled to a full refund
of all monies paid in respect of your overland tour booking with Orlando Holiday
Shop except an amendment charge. Should you decide to cancel because of this then
you must exercise your right to do so within fourteen days from the date we advised
you or your travel agent of the amount due. We reserve the right to change our prices
at any time before you book including any special offers we may from time to time
have which may not be the same as set out in our publicity material.
4. Changes by You – If you wish to change your
booking with 'Orlando Holiday Shop' in any way, and we can accept the change,
a charge of £40.00 per person per amendment will apply provided that your instructions
in writing are received two months or more prior to departure. Thereafter, except
as provided by applicable law, cancellation charges, as specified in clause 5 below,
apply.
5. If you cancel your booking – You or any
member of your party may cancel your booking at any time providing that the cancellation
is made in writing by the person who made the original booking and is communicated
to us either direct, or via your travel agent. You will receive a refund of the
amount paid (excluding any amendment charge) less the cancellation fees specified
below. Refunds are made only through the original booking office:
Period before Scheduled Departure Date that Notice of Cancellation is Received
84 days or more
30 - 83 days
15 - 29 days
14 days or less, or 'no-show'
Cancellation Charge as % of Booking Price
Deposit
50%
75%
100%
Booking amendments or cancellations must charged for according to the details of
our terms and conditions or according to the airline rules whichever is greater.
6. If we amend your booking – Due to the nature
of our holidays it may be necessary for us to make changes to your itinerary, which
we reserve the right to do at any time. Most of these changes are minor and we will
advise you at the earliest possible date of any changes. Flight timings and carriers
set out in publicity material are subject to change and all details given to you
are for guidance only. Confirmed dates will be as shown on your ticket and/or tour
voucher. We are not aircraft operators and only act as agents for the airlines.
Should an airline make a material change to your travel arrangements then we will
endeavour where possible to accommodate those changes. If this involves an extra
cost then you will be invoiced for this cost. If it is not possible to accommodate
changes that occur because of a changed airline itinerary then providing your original
departure date is more than 6 weeks from the date of notification of the change
then we will cancel the contract and provide you with a full refund for our part
of the services. Refunds for air tickets are subject to the rule laid out by the
airline. The following paragraph in italics is an indication of how an airline may
describe a material change although this wording and meaning may differ from airline
to airline and operator to operator. This paragraph in no way forms part of your
contract with 'Orlando Holiday Shop':
'A material change is one made to your travel arrangements before departure involving
change of departure or arrival airport (other than between airports within the same
city airport system. Heathrow, Gatwick, London City, Luton and Stansted are all
considered part of the same airport system) outward or return flights being re-scheduled
by more than 12 hours or by substitution of accommodation originally booked with
one of a lower grade'.
The remainder of this document forms part of your contract with Orlando Holiday
Shop. As we do not control the day-to-day management of your accommodation, it is
possible that we may be advised that the reserved accommodation may not be suitable
or available to you upon arrival at your destination. If this happens, we will endeavour
to provide accommodation of at least the same standard in the same resort area.
If only accommodation of a lower standard is available then we will refund the difference
between the accommodation booked and that available together with compensation of
£15.00 per person for any inconvenience.
IMPORTANT NOTICE : We are not responsible for changes which arise as a result
of events outside of our control, such as technical or maintenance problems with
means of transportation, changes imposed by re-scheduling or cancellation of flights
by an airline or main chartered, war or threat of war, civil strike, industrial
disputes, natural disasters, bad weather or terrorist activity.
7. If we amend your booking – We reserve the
right in any circumstance to cancel your booking. However, in no case will we cancel
your booking less than 8 weeks prior to departure unless it is for reasons outside
of our control or for late or non-payment by you.
If we have to cancel your booking (other than for late or non-payment by you) you
will have a choice of taking an alternative holiday, (where this is of a lower price
we will refund the difference to you, however, if the holiday is of a higher price
you will be expected to pay the difference) or cancelling the contract in which
case a full refund will be paid to you. Occasionally we will have to cancel a trip
due to under booking. If a tour is cancelled due to under booking then we will inform
you no later than 8 weeks prior to departure.
8. Our liability – (i) Our obligations, and
those of our suppliers providing any service or facility involved in any part of
your Holiday or Excursion, are to take reasonable skill and care to arrange for
the provision of such services and facilities and, where we or our supplier is actually
providing the service or facility, to provide them with reasonable skill and care.
Compliance with any applicable regulatory requirements (such as, for example, those
of the Civil Aviation Authority) will be proper performance of our, and our suppliers',
obligations. You must show that reasonable skill and care has not been used if you
wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability,
subject to paragraph (i) above and (iv) below, should any part of your Holiday or
Excursion not be as described in the brochure or elsewhere by us before you leave
the U.K. If we accept liability, we will, subject to paragraphs (v) and (vi) below,
pay you reasonable compensation in accordance with English law. However, the maximum
we will pay you in any circumstances is twice the price of the original Holiday
or Excursion cost. This maximum will only be payable when every aspect of your Holiday
or Excursion has gone wrong and you have not received any benefit from your Holiday
or Excursion. Any sums received by you from suppliers, such as from airlines due
to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute
the full amount of your entitlement to compensation for all matters flowing from
the airline's actions), will be deducted from any sum paid to you as compensation
by us.
(iii) For claims which involve death or personal injury as a result of an activity
forming part of your Holiday or Excursion, we accept liability subject to paragraph
(i) above and (iv) below. If we accept liability, we will, subject to paragraphs
(v), (vi) and (vii) below, pay you reasonable compensation in accordance with English
law.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above
and subject to paragraphs (v), (vi) and (vii) below except where the cause of the
failure in your Holiday or Excursion or any death or personal injury you may suffer
is not due to any fault on our part or that of our servants, agents or suppliers,
and is either attributable to you, or attributable to someone unconnected with the
Holiday or Excursion and is unforeseeable or unavoidable, or due to unusual or unforeseeable
circumstances beyond our control, the consequences of which could not have been
avoided even if all due care had been exercised, or an event which neither we, nor
our servants, agents or suppliers could have foreseen or forestalled.
(v) Where a claim (whether for personal injury or non personal injury) arises out
of loss or damage suffered during the course of air travel, rail travel, sea travel,
road travel or hotel accommodation, the amount of compensation you will receive
will be limited in accordance with and/or in an identical manner to the provisions
of any relevant International Conventions, namely the Warsaw Convention 1929 (including
as amended by the Hague Protocol) the Berne Convention 1961, the Athens Convention
1974, the Geneva Convention 1973 and the Paris Convention 1962. You can get copies
of the relevant conventions if you ask us. For the avoidance of doubt, this means
that we are to be regarded as having all benefit of any limitations of compensation
contained in any of these Conventions or any other international conventions applicable
to your Holiday or Excursion.
(vi) You are obliged to assist us in recovering from any third party any sum which
may compensate us for any sums we pay you. In particular, you are obliged to assign
to us any rights that you may have against any other person whose acts or omissions
have caused or contributed to our legal liability to pay you compensation. You must
also provide us with all assistance we may reasonably require. Finally, you must
follow the procedures for the notification of complaints set out in the clause below
entitled “Complaints”.
(vii) Should you become ill while on Holiday, you must, in addition to reporting
your illness to our representative, consult a local doctor and also consult your
GP upon your return to the UK. Should you then wish to make a claim against us as
a result of that illness, you must provide us with details of both the local doctor
whom you saw and your GP, together with written authority for us to obtain a medical
report from both those doctors.
(viii) If you or any member of your party suffers illness, injury or death, through
misadventure, as a result of any activity which does not form part of your contracted
Holiday or Excursion arrangements, we will provide you with all reasonable assistance.
This assistance may include our making a contribution towards your initial legal
costs in taking action against the person/s) responsible providing you request this
within 90 days of the incident in question. All assistance (financial or otherwise)
is subject to our reasonable discretion and a maximum total cost to us of £1500
per booking form. If you are entitled to have any costs and expenses arising from
such an incident met by or from any insurance policy or if you obtain a costs order
against anyone in relation to the incident, you must repay to us the costs and expenses
we spend in assisting you.
(ix) Other than as set out above, and as is detailed elsewhere in these booking
conditions, we shall have no legal liability whatsoever to you for any loss, damage,
personal injury or death which you suffer arising directly or indirectly from any
aspect of your Holiday or Excursion.
9. Documentation – Where travel and health
documents are necessary to comply with the requirements of the country you may wish
to visit then it is your responsibility to procure them. If failure to obtain any
such documents results in fines, surcharges or any other financial penalty, being
imposed upon us then you shall reimburse us accordingly. You must ensure, by consulting
your own Doctor if necessary of specific precautions deemed prudent for the country/resort
you intend to visit and the appropriate medication/inoculations are complied with.
10. Conditions of carriage / accommodation –
We are neither a carrier nor a provider of accommodation. Each journey (whether
undertaken or not) that you book by land, sea or air is governed by the conditions
of the carrier undertaking to provide that carriage. Some of these conditions limit
or exclude liability and are often the subject of international agreements. Copies
of the applicable agreements are available for inspection at the offices of the
carrier concerned.
It is your own responsibility to re-confirm the onward or return sectors of any
air journey with the carrier concerned or such carrier's duly authorized agents
and according to such carrier's regulations. When you book accommodation (whether
provided or not) its availability or provision is subject to the 'house rules' of
the hotel or other accommodation providing or undertaking to provide such accommodation.
11. Contact – We reserve the right in our absolute
discretion to terminate your arrangements without notice should your behaviour be
such that it is likely in our opinion to cause distress, damage, annoyance or danger
to any other person. In such circumstances, no refund or compensation will be due
to you.
12. Unused services – No refund will be due
to you in respect of non-utilization of any part of the excursion arrangements made
for you.
13. Insurance – We cannot stress enough the
importance of your taking out adequate holiday insurance against cancellation charges,
unexpected curtailment of your holiday, medical expenses arising overseas, loss
or damage to luggage and personal liability claims against you.
Should you elect not to effect suitable travel insurance cover despite this advice,
then you undertake on behalf of yourselves and all members of your party to indemnify
both ourselves and our overseas agents and representatives (as applicable) for any
costs that arise which would otherwise have been met had such insurance cover been
taken out.
14. Complaints – We do our very best to ensure
that your holiday arrangements go according to plan. However, if you have a complaint
arising out of what we have agreed to provide for you please let us know at the
earliest opportunity, if necessary by telephoning our UK office from wherever you
may be. If a problem arises during your Holiday or Excursion it is important that
you advise the supplier and/or our representative at the earliest opportunity who
will endeavour to put things right.
If your complaint cannot be resolved locally you should advise us within 28 days
of the incident, in writing, giving your original booking reference number and all
other relevant information. Your letter will be given prompt attention.
If your complaint cannot be resolved locally you should advise us within 28 days
of the incident, in writing, giving your original booking reference number and all
other relevant information. Your letter will be given prompt attention.
15. Applicable law – This contract between
us and these booking conditions are governed by and construed in accordance with
English Law. Both parties agree to submit to the exclusive jurisdiction of the Courts
of England and Wales. ATOL Protection extends primarily to customers who book and
pay in the United Kingdom.
According to CAA rules, the ATOL protection scheme does not extend to any booking
with a non UK departure point (this includes the Channel islands and the Isle of
Man). All 'multi leg' trips which travel via the UK are classed as non UK departure.