Every villa we rent has been meticulously inspected by us to ensure the highest possible standards of accommodation.
USAIRTOURS HOLIDAYS LIMITED
BOOKING CONDITIONS
USAIRTOURS HOLIDAYS LIMITED ("USAIRTOURS") ACT AS ORGANISER FOR PACKAGE HOLIDAYS OR PRINCIPAL IN RESPECT OF TAILOR MADE ITINERARY EXCEPT FOR THE SALE OF AIRLINE TICKETS WHERE THEY ARE SOLD AS A SINGLE COMPONENT. IN THESE CIRCUMSTANCES USAIRTOURS ACT AS AGENT ONLY FOR THE AIRLINE.
PLEASE READ THESE BOOKING CONDITIONS CAREFULLY. THEY SET OUT THE TERMS AND CONDITIONS AS THEY SET OUT OUR RESPECTIVE RIGHTS AND OBLIGATIONS.
USAIRTOURS HOLDS AN AIR TOUR OPERATORS LICENCE (ATOL3085) AND ABTA LICENCE (Y1468) THAT PROVIDES FULL FINANCIAL PROTECTION AND IN THE UNLIKLEY EVENT OF OUR INSOLVENCY.
USAIRTOURS CONTRACTUAL OBLIGATIONS WILL DEPEND ON WHETHER YOU BUY:-
A) PACKAGE HOLIDAY:
This is where USAirtours selects and prepares in advance a certain combination of two or more travel components of flights/transport, accommodation or other tourist services on specific travel dates where any individual component may not be cancelled and which is sold or offered for sale at a prearranged inclusive price. USAirtours act as Organiser in accordance with the Package Travel Regulations 1992 for all "Package Holiday."
B) TAILOR MADE ITINERARY:
This where you choose from a range of individual travel components such as flights, accommodation and car hire that have not been pre-arranged by USAirtours. You may purchase any of your chosen travel components either individually or together for one total price. You may also cancel individual components after making a confirmed booking and before departing on your trip. USAirtours act as Principal in relation to a Tailor Made Itinerary, and do not act as Organiser in accordance with the Package Travel Regulations 1992. These holidays are purchased with the full knowledge and acceptance by you that they do not fall within the Package Travel Regulations 1992.
C) FLIGHT SEAT ONLY
This is where USAirtours sells or offers for sale a flight only ticket. USAirtours acts as agent only for the airline under our IATA licence. This means that a legally binding contract will be created between you and the Airline. You will be subject to the terms and conditions of that airline which are available from us upon request.
We will communicate prior to confirming the booking the type of booking you have made. The booking confirmation we send you via your travel agent will either show the words ‘Package Holiday’ or ‘Tailor Made Itinerary’ or ‘Flight Only’ and this will confirm which type of holiday you have purchased from us.
A) PACKAGE HOLIDAYS
1. Your Holiday Contract
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. If you are booking for more than one person you are ultimately responsible for paying the holiday invoice, even though by booking on behalf of others, you are representing that every person booked accepts that they are bound by this Agreement. A contract will exist as soon as any payment is received and we issue our confirmation invoice.
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 (if not referred to ABTA Arbitration.)
You should also refer to our website www.usairtours.co.uk for any updated information or changes concerning your holiday that may have occurred since you booked your holiday and where these conditions are also available.
2. Your 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 this brochure and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 3085. 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.
3. ABTA
We are a member of ABTA and are obliged to maintain a high standard of service to you detailed in the ABTA’s Code of Conduct. Should any dispute arise between us in relation to this contract you can take advantage of ABTA’s arbitration scheme to achieve a resolution. The scheme is administered independently by IDRS part of the Chartered Institute of Arbitrators and 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 either £5000 per person or £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 £1000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 12 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 may like to use the ABTA/IDRS 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.Booking with us and your Holiday Price
a) We reserve the right to alter the prices of any of the holidays we have advertised online, or in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Please see our website at www.usairtours.co.uk for our latest pricing indications and for the latest updates on the facilities and amenities at your selected accommodation and information about our flights and other services.
b) When you make your booking you will be liable to pay a non refundable deposit of at least £200 per person (unless you are booking a Special Offer or promotional air fare when full payment is required immediately). We will advise you of the amount of deposit required at the time of your booking which will depend on the supplier of the flights or travel service concerned. Occasionally we may allow you to make a partial deposit of less than £200 per person but you will still be liable to pay any difference between the partial deposit and the full deposit of £200 per person in the event that you cancel your booking or fail to pay the full balance of your entire invoice. The balance of your travel arrangements must be paid at least 10 weeks prior to departure. On occasions an airline will impose a requirement for us to issue tickets early for operational reasons and in those circumstances you will be required to pay your balance within 7 days of notification from us. If the deposit and/or balance is not paid to your travel agent on time, we reserve the right to cancel your travel arrangements. If the balance is not paid on time we shall retain your deposit. Please see the cancellation charges set out at clause 6 below. All monies you pay to the travel agent are held by him on our behalf at all times. The price of your travel arrangements was calculated using an exchange rate of $1.6796 quoted in the Financial Times Guide to World Currencies on 17/11/09 in relation to the US Dollar and the Pound Sterling.
c) Changes in transportation costs such as fuel, duties taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. If your booking confirmation from USAirtours states the words ‘Package Holiday’ there will be no change within 30 days of your departure and we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements. You will be charged for the amount over that plus an administration charge of £1per person together with an amount to cover agents’ commission. If this means that you have to pay more than 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 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, except for any amendment charges.
Should the price of your holiday go down due to the changes 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.e) Many of our bookings are taken directly by telephone when spelling and other errors may be made. It is a condition of our contract with you that you carefully check our confirmation immediately this is received to ensure that the names of all passengers are correctly spelt and are identical to the names shown in the passport (including the initial or first name), and the dates and time of travel, departure, arrival cities and other relevant information. You should check the confirmation for accuracy and that the travel details match what you have booked. If there is any discrepancy you are required to notify us or your travel agent within 24 hours and to take a note of who you report it to. We cannot be responsible if you do not advise us of any discrepancy unless you follow this procedure to give us the opportunity to resolve any problem and mitigate any loss.
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 You will be asked to pay an administration charge of £25 per person, 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. Where changes are possible we will issue a revised invoice including all additional charges. Any passenger name or spelling changes are not permitted and are treated as a cancellation – see below. Note: Special promotions may not be changeable after a reservation has been made and any alteration request could incur cancellation charges of up to 100% of that part of the arrangements.
If you change, amend or fail to take any part of your travel arrangements as stated your itinerary once your trip has commenced without getting prior confirmation, from the airline, hotel, car rental company or USAirtours that this is acceptable within the relevant terms and conditions, the remainder of your itinerary will be cancelled and you will be not be entitled to any refund or compensation.
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 on your behalf must be given to either your travel agent or 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. Please note that some travel arrangements such as APEX or non refundable tickets carry 100% cancellation charges and no refunds can be made. 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 of them at the earliest possible date. No compensation or refund is payable where a minor change is made. Examples of "minor changes" include the following when made before departure: any change in the advertised identity of the airline(s), flight timings, and/or aircraft type; a change of outward departure time or a change of accommodation to another of the same or better standard of classification, a "ticket change" for example tickets to a show in Las Vegas where a similar show or refund is offered.
We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 6 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 that are the same or similar, 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 or if it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
In accordance with EU Regulations we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We will advise you of the identity of the airline at the time of booking or when this becomes known to us. 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 a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, routing (including from a direct non-stop service to one with airport changes), change of accommodation to another of the same standard, or a change to your departure airport between Heathrow, Gatwick or Stansted. Similarly, changes between nearby departure airports in the USA (within 100 miles or 90 minutes drive) shall be treated as minor changes. We do not have to tell you about minor changes before you go on holiday and we will not pay compensationIf we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your booked holiday and receiving a full refund of all monies paid. If you do not wish to take the alternative we offer you, then you can choose another holiday from of comparable standard from us if available (we will refund any price difference if the alternative is of lower value), or cancelling your holiday and receiving a full refund of the price paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
|
|
Column 1 |
Column 2 |
Column 3 |
|
Period prior to departure |
Amount you will receive from us in compensation |
Amount you will receive from us (in addition to the compensation as set out in column (1) |
Amount of cancellation charge payable |
|
More than 70 days |
£15 |
100% of monies paid to USAirtours |
Deposit only |
|
More than 56 days |
£30 |
100% of monies paid to USAirtours |
100% of holiday cost |
|
More than 42 days |
£45 |
100% of monies paid to USAirtours |
100% of holiday cost |
|
More than 14 days |
£50 |
100% of monies paid to USAirtours |
100% of holiday cost |
|
14 days or less |
£60 |
100% of monies paid to USAirtours |
100% of holiday cost |
Volcanic Ash: Whilst there is no reason to believe that future disruption may occur as a result of the volcanic eruption in Iceland, should unexpected incidents that suspend flights occur, it is not the responsibility of USAirtours. Whilst we will always offer assistance to our customers to ensure their wellbeing and safety we are not responsible for any additional costs or expenses incurred where you might be unable to travel due to the consequences of the ash cloud.
Prompt Assistance: The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses X (2) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
8. If You Have A Complaint
If you have a problem during your holiday and cannot get an immediate satisfactory resolution from the on site manager, it is essential that you contact USAirtours immediately by calling our Freephone number 1 866 359 3412 which is manned 24 hours a day year round. If you ring us outside normal UK working hours you call will be answered by our duty office who will record details of your problem and give you the appropriate telephone number of the local department that can help you resolve the issue quickly. They will also give you a reference number for your call that you should make a note of. Failure to contact us promptly with any problem would deprive us of the opportunity to deal with and resolve the issue as quickly as possible, minimising any inconvenience. In such circumstances you accept that this would absolve USAirtours of all responsibility in the settlement any subsequent claim. In the unlikely event that your problem could not be resolved satisfactorily while on holiday and you wish to make a formal complaint, you must follow this up within 14 days of your return home by writing directly to: Customer Services, USAirtours, 2 Loughton Business Centre, Langston Road, Loughton, Essex IG10 3SJ as your contract is with USAirtours and not your travel agent. We will write and acknowledge your letter within 14 days of receipt and follow up with a detailed reply within 28 days of your letter. Please note that as email is not a secure form of communication we can only respond to written complaints received by post.
9. Our Liability to You
(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.
10. Insurance
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 reserve the right to request details of your policy to us before you travel. If you choose to travel without adequate travel insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. When considering making a claim in relation to your holiday, it is your responsibility to make an application to your Insurers for damages or compensation before pursuing a claim against ourselves. We reserve the right to request verification that such an application has been made, prior to processing your claim.
11. Flights
(a) Details of the airline, aircraft type routing and destination will be given to you when your booking is confirmed. Please note that sometimes it is necessary to change the airline, routing (for example form direct non-stop to indirect with stops) or aircraft type before you travel. It is a specific condition of this contract that you accept that these are considered to be treated as minor changes and no compensation is payable.
(b) All flights are subject to the airlines own Conditions of Carriage (copies are available on request and also available from the airlines website). These and the Montreal Convention which applies to all international flights, limit the airlines liability to you in connection with death and injury, lost and delayed baggage, missed connecting flights and delayed departures and cancellations of flights.(c) Delayed or lost baggage can cause difficulties whilst on holiday. Liability for all baggage issues lies with the airline who will assist you in seeking to recover your baggage. In the unlikely event that you have these difficulties you should report the problem to the airline upon arrival and they will seek to trace any missing items and advise about the purchase of necessities.
(d) You must ensure that you comply with all requests from your airline in respect of security (including giving any advance passenger information required by US Government, and all security measures in place when you travel. You must ensure that you arrive well before the latest check in time for check-in and at the boarding gate. In the event that you are denied boarding by the airline for these reasons USAirtours shall have no responsibility.
(e) There is no guarantee that you will be given any particular seat (even if previously confirmed by USAirtours) or a seat adjacent to others in your party when you board the aircraft, which is at the discretion of the airline.
(f) We offer our customers the opportunity to purchase Scheduled Airline Failure Insurance, to protect the cost of your flight in the event that the airline fails financially. These insurance policies do not apply to any airline which has entered into "Chapter 11" protection under US Insolvency law.
(g) Should you miss or not take any flight in your itinerary without informing the relevant airline, your remaining flights will be automatically cancelled in accordance with the airline’s terms of business and you will not be entitled to any refund or compensation.
12. Passports, Visas and Pre-travel Requirements
It is your responsibility to ensure that your passport, any required Visa or other entry requirement is obtained before you travel. Before departing for the USA you are required to obtain travel approval from the online Electronic System for Travel Authorisation (ESTA) if you wish to enter the USA on the current Visa Waiver Program (VWP). It is operated by the US Department of Homeland Security and there is currently a fee of $14. The minimum pre-departure approval time is 72 hours but we strongly recommend it is completed immediately after booking as in the unlikely event that ESTA approval is declined you will require sufficient time to apply for a Visa from the US Embassy. A link to the US ESTA website is available at www.usairtours.co.uk. ESTA information is required in addition to that required through the Advance Passenger Information System (APIS) which should be completed online via your airlines website. Conditions relating to VWP are subject to change and you are strongly advised to check with the US Embassy information line before purchasing your tickets by calling their automated information line on 09068 200 290 or the operator assisted line on 09042 450 100 or visit www.usembassy.org.uk. Please allow sufficient time for your visa application to be processed before your departure date. We cannot be responsible if you are not permitted to travel due to your failure to obtain the correct entry documents in good time before you travel and any monies paid to us will be non-refundable.
You or an agent on your behalf, are also required to provide Secure Flight Passenger Data (SFPD) through our website which is passed on to the U.S. authorities for security reasons. Failure to provide this information accurately and within 72 hours of your booking being made may result in your flights being cancelled and no refund or compensation will be payable. Important safety related information regarding all of our overseas holidays can be found at the Foreign Office website www.fco.gov.uk.
B) TAILOR MADE ITENRARY
When you book a tailor made itinerary with us it does not fall within the Package Travel Regulations but we still act as the Principal for the sales of all items except for flights sold as a single item. We will tell you that that the type of holiday you are about book is a tailor made itinerary before we confirm the booking. You will continue to be receive the full level of financial protection through both our ATOL licence and ABTA membership while fully abiding with their Code of Conduct.
C) USAIRTOURS HOLIDAYS LIMITED BOOKING CONDITIONS FOR AIR TICKET SALES
1. This is where we sell or offer for sale a flight ticket only.
2. If we sell or offer this for sale to you as an agent of a supplier we will advise you of this and confirm to you that we act as the agent of the holder of an ATOL licence and its identity and ATOL number which will be sent to you following your booking. If we have sold to you as agent for another ATOL holder then that other party’s booking conditions will apply to your booking. All booking conditions for our suppliers are available from us on request but will usually be available to you or on their website.
3. The flight ticket may be sold to you by USAirtours acting as the agent for the airline under our IATA Licence. In this case your contract will be directly with the airline and their Conditions of Carriage will apply to your purchase, their performance of the flight and your rights, together with details of check in times, fuel charges where applicable and baggage allowances. Please note that with some types of flight seats may not be cancelled (such as APEX) cancellation charges of 100% will apply to any cancellations.4. The sale of a flight ticket may be offered to you under USAirtours’ own ATOL licence in which case the terms and conditions set out below will apply :-
i. In accordance with our ATOL Licence we have automatically included Scheduled Airline Failure Insurance on all scheduled airline tickets to cover you against Scheduled Airline failure. If your airline fails prior to your departure, we will refund the value of the ticket to you (up to £1500 per person). If you have already departed we will offer alternative onward or return flights to the UK. This Insurance does not apply to airlines in Chapter 11 insolvency. For scheduled airline ticket sales that are not covered under our ATOL we are able to sell to you Airline Failure Insurance to cover the cost of your ticket if the airline becomes insolvent.
ii. Airlines reserve the right to increase the price you have paid by the imposition of fuel and other charges. We reserve the right to pass these on to you as well as any other unexpected price increase including taxes, airport charges and landing taxes charged to us by the airline concerned.
iii. If you wish to cancel or change your flight booking then you should contact us to see if this is possible and what additional charges may be required by your airline. Some discounted scheduled flight seats may not be changed or cancelled without incurring 100% cancellation charges.
iv. Transfer of booked seats to another person may not be possible.
v. Flight timings are provided for guidance only and we are not responsible for flight delays or for cancelled flights caused by the operations of the carrier concerned. All flights must be reconfirmed – we cannot be held responsible for missed flights due to rescheduling or other reasons.
vi. The liability of USAirtours is limited to making arrangements with the airline to make the tickets available to you. We have no liability for the operation of the flights or the terms of your carriage which are the subject of the airlines own Conditions of Carriage, the Montreal Convention 1999 and EC Regulation 261/2004 (see below) regarding overbooked, cancelled and delayed flights.
vii. EC Regulation 261/2004 sets out minimum rights and compensation levels payable to passengers by airlines for overbooked delayed and cancelled flights. Information about your rights is available from your departure airport or from the airline concerned. It is for you and not for USAirtours to claim or seek to enforce these rights.
5. These conditions replace any previous conditions printed before 01 May 2011.