NOMADIC EXPEDITIONS TERMS AND CONDITIONS 2012
It is very important that you read and understand the following booking conditions before you decide to book with Nomadic Expeditions Limited (Trading as Nomadic Schools). It is also important that you read the relevant itinerary and understand what is involved in the type of Tour you are intending to book. Nomadic Expeditions Limited only accepts bookings subject to the following booking conditions. By making a booking you agree that you have fully read and understand these terms and conditions.
These booking conditions, the relevant web pages, each itinerary that the Client has booked and the booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Company and the Client. : –
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 and has the authority to and does agree to be bound by them;
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.
Your booking is made with Nomadic Expeditions Limited herein referred to as the “Company”. Our Registered Office is Unit 3, 24 Barkham Ride, Finchampstead, Wokingham, Berkshire, RG40 4EU. Our UK Registered No is, 3411151.
2. PAYMENT AND DEPOSIT
A Contract enters into force only after the Company receives a non-refundable booking fee, a signed and completed booking form, may be submitted by post, fax or through an online form and the Client receives confirmation of acceptance in writing with a confirmation invoice. The booking fee is dependant on the Tour chosen and will vary accordingly. The booking fee is paid at the time of booking, is accepted as part of the total cost and will not be refunded, unless the applicant cannot be offered a place. If a Tour booking is made within 84 days of departure the booking fees will be the entire Tour price. Signed and completed booking forms must be received by the Company within 10 days of receipt of booking fee by the Company or the Company will treat the booking as cancelled by the Client and the booking fee shall be retained. The balance of the total cost, where relevant, must be paid no later than 84 days before departure for Tours. If the balance has not been received at this time before departure, the Company will treat the contract as cancelled by the Client. Cancellation charges are applicable please see below.
3. FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our brochure / website and for your repatriation in the event of our insolvency. We have total financial protection for all of our clients. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 10349 and through ABTA number Y3529.
In respect of all arrangements including flights you will receive a Confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence. This means that in respect of all arrangements including flights, in the unlikely event of our insolvency, the CAA will ensure that you are not left stranded abroad or 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.
For further information, visit the ATOL website at www.atol.org.uk. 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. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
We are also a member of the Association of British Travel Agents (ABTA number Y3529). If your holiday does not include flights, ABTA will financially protect your holiday in the same way.
The Company operates a Total Expedition Price which comprises a Tour price paid to the Company and a Tipping Kitty paid to the Tour leader at point of departure.. You will be responsible for additional costs such as entrance fees however we will advise you of any additional costs you will be responsible for prior to departure to enable you to budget accordingly.
The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, scheduled airfares and any other airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport provider; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates and to dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. 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 agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any amendment charges and/or additional services or 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 more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements and /or credit card fees. 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. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed 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.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
5. SINGLE SUPPLEMENT
There is no mandatory single supplement charge. Clients will share with the same sex in a twin or triple room however you can choose to book a single room at an additional cost. Where a tour consists of an odd number of clients, the Company will choose one client on a random basis to be upgraded to a single room at no additional cost. This is entirely at the discretion of the Company.
Travel insurance is vital. It is your responsibility to ensure that you take out a comprehensive travel insurance policy to cover you during your travel. We will require full details of your insurance before you travel. You will not be able to travel without valid travel insurance. We will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.We do offer free travel insurance to all our school clients.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
8. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your own specific circumstances. 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 indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk. It is your responsibility to check visa requirements for your destination. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. The Foreign and Commonwealth Office (FCO) provide up to date information on safety issues worldwide, visit www.fco.gov.uk/knowbeforeyougo. Non British Citizens, including other EU nationals, should contact the Embassy, High Commission or Consulate of your destination, for up to date advice on passport requirements
9. AMENDMENT BY YOU
We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. Any changes to the original booking must be confirmed in writing by the person signing the booking form and must be accompanied by an administration fee of £50 per booking, in addition to the cost of any extra services required.
10. TRANSFER OF BOOKING
Transfer of booking to another person is at the Company’s discretion; however we will endeavour to assist wherever possible. Where a Client is prevented from undertaking a Tour, the Client may transfer their booking to another person who satisfies all the relevant conditions to the Tour. A transfer administration fee of UK£50 will be charged, or UK£50 if the transfer is made less than 56 days before departure. Additional fees may also be charged to cover the cost of re-issuing transport tickets or other items where necessary. Alternatively the Client may transfer to another tour up to 4 weeks before departure only if the Company receives written confirmation of the intended tour change along with a signed booking form. An additional deposit plus an administration fee of £50 along with any other non-recoverable charges will be required.
11. CANCELLATION BY YOU
You, or any member of your party, may cancel your travel arrangements at any time. The cancellation will take effect from the date that written notification from the person who made the booking is received at our offices / via email. We recommend that you use recorded delivery/ read receipt. Any cancellation will incur a charge to reflect the reasonable costs incurred by us in arranging and cancelling your booking. Charges for cancellation after the balance due date will vary due to the complex nature of our travel itineraries. Please note, the costs of many international flights are non refundable. This will be advised to you at the time of booking. The full costs of cancellation will be communicated to you at the point of cancellation. We have prepared the following cancellation charges below as a guide only, and these are subject to variation.
(The cancellation charge detailed will be calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.):-
|More than 84 days||57 to 84 days||29 to 56 days||0 to 28 days|
|Loss of deposit.||Loss of deposit.||Loss of deposit.||No refund|
|Full refund of balance||50% refund of balance||25% refund of balance|
Please note, flight cancellation charges will be applicable in addition to the cancellation fees outlined above.
The Company appoints the tour guide who will represent the Company and the Client agrees to accept the decisions of the tour guide, who shall have absolute discretion and authority to implement any necessary decisions to ensure the safe and timely running of the tour. Therefore when booking flights it is the Clients responsibility to ensure that the same are organised to allow sufficient time to arrive promptly at the outset of the tour and coincide correctly with the end of the tour. The Company will not be liable in any way should the Client fail to meet this obligation and subsequently fail to arrive for the departure of their tour.
13. CHANGES AND CANCELLATION BY US
Nomadic Expeditions will take all reasonable precautions and apply reasonable checks to ensure the safety and comfort of its clients. It is unlikely that the Company will have to make changes to the Clients suggested tour, but these tours are by necessity planned many months in advance. Accordingly, due to the unpredictable nature of some of our tours, the Company reserves the right to make any necessary alterations or amendments to the schedule for any reason, anytime before or after departure. We strongly recommend that you to take out insurance against irrecoverable cancellation costs. If the change is a material change (for example, change of destination, or to a lower standard of accommodation), we will notify you as soon as practically possible and offer you the choice of (i) accepting alternative arrangements; (ii) transfer to another tour with cash adjustments being made; or (iii) cancelling your tour with full refund. Regardless of the option you choose we will pay you compensation, unless the change has been caused by Force Majeure or low bookings, as outlined below:
In addition to the above, the Company reserves the right at any time up to 4 weeks before the departure of any of our tours, to cancel a tour due to the pre determined minimum number of Clients not being reached. A full refund of all monies paid to the company will be refunded to the Client, however no compensation will be payable by the Company upon such a cancellation.
It is occasionally necessary for us to make changes to advertised products and services. In exceptional circumstances we may have to modify your holiday after booking. If the change is minor we will do our best to notify you in advance. No compensation is payable in relation to a minor change. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification. If any additional expenses are incurred through delays, accidents or disruption of planned itineraries because of situations or events beyond the Company’s control or considered advisable by the Company, such expenses are to be borne by the Client. The Client accepts that situations or events beyond the control of the Company may prevent the Company from supplying services and/or itineraries as described.
14. CHANGES DURING THE HOLIDAY
If we are unable to provide a significant proportion of your holiday whilst you are away, suitable alternative arrangements will be made for you at no extra cost or, alternatively, you will be returned to your point of departure and given a pro-rata refund for any part of the holiday not received. This does not apply to minor changes in your accommodation, itinerary or transportation. If any additional expenses are incurred through delays, accidents or disruption of planned itineraries because of situations or events beyond the Company’s control or considered advisable by the Company, such expenses are to be borne by the Client. The Client accepts that situations or events beyond the control of the Company may prevent the Company from supplying services and/or itineraries as described.
15. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. 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 control. Advice from the UK Foreign Office to avoid or leave a particular area or country may constitute Force Majeure. We will follow the advice given by the UK Foreign Office.
16. LEAVING THE TOUR
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or 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 booking 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 accommodation or any other service 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 hotel manager or other supplier prior to departure from the hotel. 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.
17. TRAVEL DELAYS
We have based our holidays on the services of major international airlines and whilst these airlines are rarely subject to lengthy delays, there are occasions regrettably when delays do occur. Unfortunately we cannot accept responsibility for such events however will provide you with prompt assistance. Unfortunately we cannot cover the costs of meals, overnight accommodation or any other cost resulting from delay. If you face a delay or are denied boarding we advise you to first contact your airline, who may be able to assist.
18. OUR LIABILITY
Tours operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of potential risk and exposure to potential hazards over and above those associated with normal ‘package’ holidays. All bookings are accepted on the understanding that the Client appreciates such risk and hazards.
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. 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.
(2) We will not be responsible or pay you compensation for any 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 the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above or involving injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel.
i) The extent of our liability 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 for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(3) 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.
(4) 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.
(5) Please note, we cannot accept any liability 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 booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or any business losses.
(6) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or on our websites. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
19. PERSONAL BELONGINGS
The Company shall not be liable for any loss of or damage to baggage, personal possessions, passports and other documents or any consequential loss resulting there from, and its staff or agents are not authorised to accept responsibility for their safekeeping. We strongly recommend that you to take out insurance against loss of or damage to personal belongings.
20. DOMESTIC FLIGHTS
We act as AGENT for all reservations for domestic flights offered in the country in question. Your contract will be with the Principal advised to you at the time of making the reservation, the Principals terms and conditions will apply. These flights do not form part of your package booked with Nomadic Expeditions.
21. YOUR RESPONSIBILITY
You agree to comply strictly with the laws and customs of all countries visited, whether in respect of health, immigration, exchange control, drugs or any other matter. You agree to comply with all reasonable instructions of the Tour leaders, employees and agents. It is your responsibility to be in possession of a valid passport, visas, permits, necessary certificates, logbooks and medical certificates, as required by the Tour. The Company accepts no responsibility for change in visas or requirements for visas. The Company is not held responsible for the failure of a Client to obtain or produce the necessary visas, certificates, logbooks or medical certificates.
22. HEALTH AND FITNESS
All Clients must satisfy the Company and themselves, prior to confirmation of booking, that they are fit and able to undertake and complete their chosen Tour as outlined in the relevant itinerary details published on the website or in correspondence. . No unaccompanied minors (under 18 years of age) are accepted on any of the Company’s Tours. Any Client with an illness or disability, or undergoing treatment for such a condition must declare the exact nature of the condition at the time of booking and make provision for any treatment or medication required during the Tour. For tours which involved a high level of physical exertion we may require participants to complete a medical questionnaire. Any failure to make this disclosure will constitute a breach of these booking conditions and result in the termination of the Contact, and all monies paid to the Company will be forfeit. On Tours that include any activities or travel in or on water including diving, cruises, sailing, rafting or any other transfer by boat, the Client must declare at the time of booking if they are unable to swim. Clients unable to swim will not be excluded from a Tour, with the exception of a rafting or diving Tour, but rather the Company will take additional precautions, where necessary, to ensure the safety of the Client. In the case of diving and rafting, any Client unable to swim will be excluded from the Tour. Before commencing any diving Tour the Client must declare that they have met the requirements of a standard PADI diving medical questionnaire. Any failure to make these disclosures will constitute a breach of these booking conditions and result in the termination of the Contact, and all monies paid to the Company will be forfeit. Some activities may be unsuitable for young children and some Tours may have a minimum age limit.
23. DATA PROTECTION
For the purposes of the Data Protection Act 1998 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’s members, credit/debit card or other payment details and 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 airline, hotels, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or otherwise as required by law. Where you provide us with personal details such as those mentioned above, you consent to this information being used as described above. We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. We have appropriate security measures in place to protect the personal details you give us. We may have to pass your details to organisations outside the European Economic Area, (EEA), controls on data protection in these places may not be as strong as the legal requirements in this country. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request.
Any comments, likenesses or images of you secured or taken on any of our Tours may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
24. ACCEPTANCE OF RISK
Clients are only accepted on the understanding that they accept, appreciate and understand the possible risks of adventure travel. The Client will comply strictly with the laws and customs of all countries visited, whether in respect of health, immigration, exchange control, drugs or any other matter. The Client agrees to comply with all reasonable instructions of the Tour leaders, employees and agents.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform your tour guide immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by telephone. Contact numbers for our local suppliers will be provided before departure and they should be contacted first as they will be best placed to resolve the problem quickly. You may also contact us in the UK on +44 (0)1189 737 011 (24 hours). Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
We are a Member of ABTA, membership number [Y3529]. 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, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation 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. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. 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. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
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.
All the flights and flight-inclusive holidays on this website/ Brochure and any marketing material are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate”
28. LAW AND JURISDICTION
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.