Page 210 - Typically Italian WEB72dpi RFS 2015

YOUR CONTRACT IS WITH Britaly Travel Limited, a member of ABTA.
Trading as Typically Italian Holidays
1. Your Holiday Contract
You can make a booking with us through your local Independent Travel Agent. Once we
know your requirements and have checked availability, we will tell you the up to date price
of your chosen holiday. Before the booking is confirmed we reserve the right to increase
or decrease the cost.
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. At this point we will
issue you with a confirmation number and a contract will exist. This contract is made on the
terms of these booking conditions, which are governed by English Law, and the jurisdiction
of the English Courts. You may however, choose the law and jurisdiction of Scotland or
Northern Ireland if you wish to do so. We will then send you a confirmation invoice verifying
the details and prices of the holiday booked. Please check the details of the invoice carefully
and contact us immediately if there is any discrepancy.
ALL HOLIDAYS AND OFFERS ADVERTISED IN THIS BROCHURE ARE SUBJECT TO
AVAILABILITY.
2. Your Financial Protection
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.
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.
We provide full financial protection for our travel arrangements that do not include a flight
by way of a bond held by ABTA The Travel Association.
3. ABTA
We are a Member of ABTA, membership number W6934. We are obliged to maintain a high
standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration
scheme for the resolution of disputes arising out of this contract. The scheme is arranged by
ABTA and administered independently. It is a simple and inexpensive method of arbitration
on documents alone with restricted liability on you for costs. The upper limit on claims is
£5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which
are solely in respect of physical injury or illness or their consequences. It can however deal
with claims which include an element of minor injury or illness subject to a limit of £1,500
on the amount the arbitrator can award per person in respect of this element. Your request
for arbitration must be received by ABTA within eighteen months of the date of return from
holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and
we have the option to agree to mediation. Further information on the Code and ABTA’s
assistance in resolving disputes can be found on www.abta.com.
4. Your Holiday Price
1) We reserve the right to alter the prices of any of the holidays shown in our brochure.
You will be advised of the current price of the holiday that you wish to book before your
contract is confirmed.
2) When you make your booking you must pay a deposit of £180.00 per person. Should the
travel arrangements be on a low cost carrier or on a restricted saver ticket the payment for
this part of your booking will be due for payment in full at time of booking (any cancellation
or changes to ticketed flights will result in a full loss) and will alter the deposit due. The
balance of the price of your travel arrangements must be paid at least 12 weeks before your
departure date. If the deposit and/or balance is not paid in time, we shall 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 our behalf at all times. Payments made directly
to Britaly Travel Ltd made by MasterCard, Visa, American Express will incur an additional
processing charge of 2%.
The price of your travel arrangements was calculated using exchange rates quoted in the
Financial Times Guide to World Currencies on 16/08/2014 in relation to the following
currencies: Euro 1.14
The Price Policy
The price of your travel arrangements may vary due to changes in transport costs, including
the cost of fuel, scheduled airlines and other cost changes which are part of the contract
between the airlines (and their agents) and the tour operator, taxes or fees chargeable for
services such as landing taxes or embarkation or disembarkation fees at ports and airports
and exchange rates. Government action, such as VAT and other changes mean that the price
of your travel arrangements may change after you have booked. However there will be no
change within 30 days of your departure.
In the case of a small variation, an amount equivalent to 2% of the price of your travel
arrangements, which excludes insurance premiums and any amendment charges will be
absorbed or retained. You will be charged for the amount over and above that, plus an
administration charge of £1.00 per person together with an amount to cover agent’s
commission. If this means that you have to pay an increase of more that 10% of the price of
your travel arrangements, you will have the option of accepting a change to another holiday
if we are able to offer one (if this is of equivalent or higher quality you will not have to pay to our Customer Services Department at 8-10 London Road, Peterborough, PE2 8AR giving
more but if it is of lower quality you will be refunded the difference in price), or cancelling
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and receiving 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 the price of your holiday go down due to the change mentioned above, by more than
2% of your holiday cost, then any refund due will be paid to you. However, 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.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel
arrangements in any way, for example your chosen departure date or accommodation, 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 £20.00 per person, per
change, and any further cost 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 and you
should contact us as soon as possible.
Note: Certain travel arrangements (e.g. flight tickets purchased from low cost carriers
or restricted tickets) may not be changeable after a reservation has been made and any
alteration request could incur a cancellation charge of up to 100% of that part of the
arrangements.
6. 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 7.
Note: If the reason for your cancellation is covered under the terms of your insurance policy,
you may be able to reclaim these charges.
7. 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 to cancel your holiday in the event of a major change and will inform the travel agent as
soon as reasonably possible. However, we will not cancel your travel arrangements less than
10 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 (we will refund any price difference if the alternative
is of a lower value).
In accordance with EU Regulations we are required to advise you of the actual carrier
operating your flight/connecting flight/transfer. We do this by providing you with written
confirmation as soon as the booking is confirmed. Any changes to the actual airline after
you have received your tickets will be notified to you as soon as possible and in all cases
at check-in or at the boarding gate. 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, change of accommodation to another of the same standard.
YOUR CONTRACT IS WITH Britaly Travel Ltd, a member of ABTA,
trading at Typically Italian Holidays.
Period before departure IF WE MAKE A MAJOR IF WE CANCEL YOUR IF YOU CANCEL
within which notice of CHANGE TO YOUR HOLIDAY YOUR HOLIDAY
Cancellation or major
change is received by HOLIDAY Amount you will receive Amount of cancellation
us or notified to you from us charge
Amount you will receive Amount paid
More than 84 days from us Deposit Only
100% of holiday cost 40% of holiday cost
83-43 days NIL 60% of holiday cost
100% of holiday cost 80% of holiday cost
42-29 days £10 100% of holiday cost
100% of holiday cost
28-16 days £20
100% of holiday cost
Less than 15 days £30
£40
The compensation that we offer does not exclude you from claiming more if you are entitled
to do so.
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 unusual or unforeseeable
circumstances beyond our control. These can include, for example, war, riot, industrial
dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse
weather conditions, epidemics and pandemics, unavoidable technical problems with
transport.
8. If You Have a Complaint
If you have a problem during your holiday, please contact the relevant supplier (e.g. your
hotelier, airline, car rental supplier etc) and our resort representative immediately (contact
numbers are provided with travel documents) who will endeavour to put things right. If
your complaint cannot resolved, then you must contact our Emergency our of hours service
(number can be found within travel documents) to inform us of any problems. Matters can
most easily be resolved for you on the spot, when the supplier can see and understand the
exact nature of any problems you have. It is unreasonable not to take any action whilst on
holiday and then complain.
If you are still unsatisfied please follow this up within 28 days of your return home by writing