1. Your Holiday Contract
2. Your Financial Protection
We provide financial security for flight inclusive packages and ATOL protected flights by way of a bond held by the Civil Aviation Authority under ATOL number 10180. If you buy an ATOL protected flight or flight inclusive package holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. 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. ATOL protection extends primarily to Customers who book and pay in the United Kingdom. We are also a member of the Association of British Travel Agents ABTA number Y2136. If your package holiday does not include flights or you book accommodation only we provide security by way of a bond held with ABTA. If you book any other arrangements, your monies will not be financially protected. Please note that in relation to sales of flights which depart and arrive into the UK, we act as booking agent only and the above financial protection will not apply. Please ask us to confirm what protection may apply to your booking.
3. Booking and Paying for Your Arrangements
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation, and b) you pay us a deposit see clause 4 (or if booking within 8 weeks of departure, full payment) and c) we issue you with a booking confirmation. A binding contract will come into existence as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a booking confirmation. Upon receipt, if you believe that any details on the confirmation, ATOL certificate (if applicable) (or any other document) are wrong you must advise us immediately as changes may not be able to be made later. The balance of the cost of your arrangements is due not less than 8 weeks prior to the start of your arrangements. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable. Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. If your booking is made through a travel agent all communications by us will be made to that address. If you arrange your holiday directly with us the correspondence will be forwarded to the lead passenger on the booking unless otherwise stipulated.
The amount of deposit you pay will vary depending on the type of service you book and will be advised to you at the time of booking. Our minimum deposit amount is £250 per person or 5% whichever is the greater amount. Higher deposits may be required during peak periods and where prepayments to suppliers are necessary. Some airlines require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket and may not be refundable or transferable.
5. Our Price Policy
Our brochure has been prepared and costed many months before travel and is based on known costs and exchange rates as advertised in the Financial Times Guide to World Currencies on 22nd August 2012. The prices in this brochure are for guidance purposes only and the price of your holiday will be confirmed at the time of booking. Once your booking is confirmed and you have paid a deposit or full amount if you book within eight weeks of departure, the price of your holiday as shown on your confirmation invoice is guaranteed and will not be subject to any changes or surcharges, [except where an error has been made by us] unless you elect to change the confirmed booking. In return for this commitment to you at no time are we liable to give you a breakdown of costs nor refund you for any exchange rate movements or cost adjustments that may reduce the cost of your holiday. Please note that we reserve the right to amend the price of unsold holidays at any time and correct errors in the price of confirmed holidays.
6. Method of Payment
We accept all forms of payment. For Visa, Mastercard and American Express transactions we charge a fee which will be advised to you at the time of booking. Cheques should be made payable to Lusso Travel Ltd. Details for Bank Transfers are available upon request.
7. Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible either directly or via your travel agent. This should be done by the lead name on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Any alterations are only possible if permitted by our suppliers. Where we can meet a request, all changes will be subject to any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. We will charge an administrative charge of £25 per amendment. 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 we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. Cancellation by You
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices at 17 London Road, Alderley Edge, Cheshire, SK9 7JT. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.):-
|Number of days prior to departure date when written notice of cancellation received||% of price payable|
|Up to 56 days prior||deposit only|
|55 - 43 days prior||50%|
|42- 22 days prior||70%|
|21 - 14 days prior||90%|
|13 - 0 days prior||100%|
Note: We strongly advise you to obtain adequate Travel Insurance with appropriate cancellation cover. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you) providing they are suitable for our holiday and we are notified not less than 14 days before departure and you pay an amendment fee of £25 per person per amendment and meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers. In the event of you transferring your booking to another person you are jointly and severally liable for the payment of the holiday cost and other associated expenses. The person to whom the booking is transferred will be deemed to be in acceptance of these booking conditions. No refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. In these circumstances the applicable cancellation charge will be advised to you at the time of booking.
9. Changes to a Confirmed Booking after Commencement of Travel
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and we will not be responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
10. 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 reservethe 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 in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure (see Clause 11) or failure by you to make full payment on time. Examples of major changes include the following when made before departure; a change of accommodation area for the whole or asignificant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your holiday of more than twelve hours, the closure of the only or all advertised swimming pool(s) at your accommodation for a significant proportion of your holiday.
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 we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting 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). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 14 days before departure, we will also pay you compensation of £20 per person for each affected day. The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 14 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you. Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" (see clause 11) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
11. Force Majeure
Note on Force Majeure: Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations (or prompt performance of 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's control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office.
12. Our Responsibilities and Liability to you
Any passports, visas, health certificates, International Driving Licences, entry requirements and other travel documents required for your holiday must be obtained by you, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by you or by us on your behalf) as a result of failure to comply with such requirements. You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so. The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet under the address http://www.fco.gov.uk
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 the 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 any other guests or individuals who have no connection with your booking arrangements with us.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. We, or the suppliers of the services you have bought, will provide you with the services you have bought (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).
Flights, Delays and Denied Boarding
The following clause applies to arrangements booked with us that are inclusive of flights.
Please note the existence of a "Community list" (available forinspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. The carrier(s), flight timings and types of aircraft shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used by detailing these on our Airline Information Pages and we shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know and in all cases at check-in or the boarding gate. Such a change is deemed to be a minor change in accordance with clause 9.
We use the scheduled services of the worlds international airlines and whilst these airlines are rarely subject to lengthy delays there are occasions where airlines are subject to operational delays, change of aircraft and routing, over which we have no control. Where this does occur it is the responsibility of the airline or transport provider concerned to provide refreshments and/ or appropriate accommodation. We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If the airline does not comply with these rules you should complain to the Aviation Consumer Advocacy Panel which is part of the Civil Aviation Authority www.caa.co.uk. This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
Special Requests, Disabilities and Medical Problems
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. If you develop a serious medical problem after making a booking or a medical problem worsens, we reserve the right to reasonably refuse or cancel your booking, if in the unfortunate event that we cannot accommodate the booking / reservation. In these circumstances we will endeavour to limit any cancellation charges applicable.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our local representative (where applicable) immediately who will endeavour to put things right. Please note that failure to follow this procedure may affect your rights under this contract and reduce or extinguish any claim against us or our suppliers as we have been denied the opportunity to investigate and rectify the problem and/or take steps to reduce or entirely prevent any loss or damage being suffered. If your complaint or problem is not resolved locally, please contact us by email, by telephoning our UK Office on +44 1625 591111, or our 24 Hour Emergency Telephone Number as detailed on your Itinerary. If the problem cannot be resolved and you wish to complain further, please send formal written notice of your complaint to us at Client Services Lusso Travel Ltd, 17 London Road, Alderley Edge, Cheshire, SK9 7JT within 28 days of the end of your stay, giving your booking reference and all other relevant supporting 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 Y2136. 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 is 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. The application for arbitration and Statement of Claim must be received by ABTA within eighteen months of the date of return from the holiday. For injury and illness claims, you may like to use the ABTA Mediation Procedure. This is a voluntary scheme and requires us to agree formediation to go ahead. Further information on the Code and ABTA's assistance in resolving disputes can be found on www.abta.com.
Brochure Accuracy & Pricing
The information contained within this brochure and on our website is for guidance purposes only. It is prepared many months in advance and we endeavour to ensure that all the information and prices in our brochures / website are accurate at the time of publication. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. Descriptions of accommodation, facilities and services are obtained from our suppliers in advance of publication and it is possible that an advertised facility may be withdrawn or changed for reasons such as lack of demand, bad weather, maintenance or renovation. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Please note prices in this brochure / website do not include charges for payment by Credit / Debit Card.
Due to ongoing renovations some hotels or their surroundings may have changed, sometimes quite dramatically since the latest update of this brochure or our website. In the majority of cases the images featured are those provided by the relevant suppliers. Please note that the imagery provided is purely for your guidance and need not necessarily provide a current representation of the hotel and its surroundings as further developments may have taken place since these images were taken.
It is a requirement of booking that adequate travel insurance cover is obtained prior to booking. Please ensure that any policy obtained provides adequate cover for cancellation, missed departure and unused accommodation. You must also ensure that any activities considered hazardous (scuba diving, etc) and travel in light or single engine aircraft are covered by your policy where you intend to take part in such activities. We advise you to read the details of your policy carefully and take them with you on your holiday. Please note that the majority of insurance policies will exclude any undisclosed pre existingconditions, medical or otherwise, and we advise you where you have any doubt check with your insurer prior to booking. We do not sell travel insurance, but on request we would be happy to provide contact details of an insurer who may be able to assist you.
Jurisdiction and Applicable law
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 Arbitration under clause 18). 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. If any part of this contract is found by a competent authority to be invalid, unlawful or unenforceable then that provision shall be deemed not to be a part of this contract and it shall not affect the enforceability of the remainder of this contract. No term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Subsequent Versions of these Conditions
These booking conditions are accurate at the time this brochure was printed. We may alter these terms and conditions at any time. If we do so, all subsequent bookings will be governed by the newer version. You must check our website for the applicable up to date version of these terms and conditions.