1.
YOUR HOLIDAY CONTRACT is with Amoun Travel and Tours Ltd, a member of ABTA and a
Civil Aviation Authority licence holder. We will make arrangements to
provide you with the various services which form part of the holiday you have
booked with us. Prior to the confirmation of your booking and therefore, when a
contract comes into existence, we reserve the right to increase or decrease
brochure prices and to decline any booking. The booking is unaccepted until the
date shown on the balance invoice, which will be sent to you or to your travel
agent. On receipt of this balance invoice a binding contract then exists between
you and us.
2. If we alter
your holiday before your departure-
We hope and expect to be able to adhere to the services we have confirmed with
you at the time of booking. However, we make arrangements many months in advance
of your holiday and use the services of independent suppliers such as airlines,
hotels etc, over whom we have no direct control. On occasion, changes will need
to be made and we reserve the right to make these changes. The majority of these
changes will be minor but in the event of a major change we will notify you or
your travel agent as soon as possible, subject to time available. We consider a
major change to be one of a change of resort, accommodation of a lower category
and/or price, a change of flight time of more than 12 hours, and a change of
airport (except between London airports). In the event that you are notified of
a major change, your options are as follows:
To accept an alternative offer or to select and pay for another available
holiday from us at the appropriate price or to cancel your holiday and to accept
a full refund of all monies paid to us.
Whichever one of the options you choose, we will pay you compensation of £30 per
person in the event that a major change is notified to you or your travel agent
within 61 days of your scheduled departure date.
Important: We will not pay any compensation for alterations which are as a
result of events beyond our control. For example, any acts of force majeure,
namely war, or threat of war, terrorist activity, riots, civil strife, strikes
and other industrial disruption, natural disasters, fire, quarantine, epidemics,
bad weather conditions, Government action, or other such unforeseen events.
3. If we change your holiday accommodation
whilst in resort –
We do not control the day to day management of your accommodation, and in
exceptional circumstances it is possible that we may be advised that the
reserved accommodation is not available to you on your arrival at a resort. In
this event we will provide alternative accommodation of the same standard in the
same resort. If only accommodation of a lower standard is available we will
refund the difference of the website price of that reserved and that available
and will pay £30 per person for any inconvenience.
4. If we cancel your holiday-
We reserve the right to cancel your holiday for any reason. However, we have no
intention of cancelling your holiday within 61 days of departure unless it is
for a reason beyond our control (see important notice above). In the event that
we cancel your holiday we will offer you-
An alternative holiday of a comparable type but if that alternative offered is
subject to an additional cost, that cost will be paid by you, or a full refund
of all monies paid. In both cases compensation as offered for major changes will
also be paid.
The above offers will not apply in the event that cancellation by us is as a
result of non payment or late payment on any part of the cost of your holiday,
or for alterations requested by you within 61 days of departure when amendment
or cancellation charges will apply.
5. Our commitment to you related to your
holiday arrangements –
Amoun Travel and Tours Ltd is a member of ABTA, registration no.W1220. When you buy an ATOL protected air holiday package and
/or flights from us 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 number 3440. In the
unlikely event of our insolvency, the CAA will ensure that you are not stranded
abroad and will arrange to refund any money you have paid to us for an advance
booking. For further information visit the ATOL website at
www.atol.org.uk
If you book a package holiday that does not include flights your monies are
protected by way of a bond held by ABTA. For non package sales the financial
protection referred to above does not apply.
The cost of your travel arrangements was calculated using exchange rates quoted
in the Financial Times Guide to World Currencies on 17 May 2010 in relation to
Egyptian currency and the Euro. The cost of your holiday quoted in our tariffs
is subject to change prior to booking. However, the price we confirm at
the time of booking is guaranteed.
We will accept liability for matters which arise as a direct result of our
negligence and/or breach of our contractual duty to exercise care in making
arrangements for you, including any acts or omissions by our employees or
agents. Furthermore, we will accept liability for any negligent act or
omission of our suppliers whilst they are acting within the scope or in the
course of their employment to provide any service or arrangement forming part of
the holiday that you have booked with us, including any claim involving death,
personal injury accordance with the relevant international conventions. We
are able to supply copies of these conditions at your request.
6. Our commitment to your for personal injury
claims (unconnected with arrangements made by us)-
Should you or any member of your party suffer illness, personal injury or death
through misadventure during your holiday, as a result of activity which does not
form part of your holiday arrangements, nor part of an excursion sold
through us, we shall offer you, subject to our reasonable discretion, assistance
in pursuing any claim you intend making against the offending party, provided
that you request such assistance within 90 days from the date of the
misadventure.
7. Unused Services-
No refund or compensation will be made or given for any unused hotel/cruise
accommodation, meals or any unused services or features of the tour / holiday,
nor will such be exchangeable for any other accommodation, meals, services and
features.
8. Dealing with complaints -
The arbitration scheme is arranged by ABTA and administered independently by
IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple
and inexpensive method of arbitration on documents alone with restricted
liability on you in respect of costs. Full details will be provided on request
or can be obtained from the ABTA website. 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 £1,000 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 IDRS within 13 months of the date of return from the
holiday. Outside this time limit arbitration under the Scheme may still be
available if the company agrees, but the ABTA Code does not require such
agreement. For injury and illness claims, you may like to use the ABTA/Chartered
Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and
requires us to agree for mediation to go ahead. The aim is to help you resolve
your dispute in a quick and cost effective way. Details on request or from
www.abta.com.
9. Jurisdiction-
This agreement shall be governed by English law and be subject to the exclusive
jurisdiction of the English, Scottish or Northern Irish courts.
10. Note-
We pride ourselves on the commitment and care of our sales staff. We
provide on-going training, part of which sometimes involves the recording of
phone calls.
11. Your commitment to us – booking your holiday-
When you or your Travel Agent intends to confirm a holiday booking, you must
sign a booking form and pay a non-refundable deposit of £100 per person.
When you sign the booking form, you are confirming that you understand and have
accepted our commitment to you (our code of conduct), and the important general
information. You are also accepting that the terms of our commitment to you form
the basis of any contract between Amoun Travel and Tours Ltd and yourself, which
is subject to English law and the exclusive jurisdiction of the English courts.
The person signing the booking form warrants that he or she has the authority of
all other persons included in the holiday to make the booking on their behalf.
12. Paying for your holiday -
After your booking is taken and a deposit received, a balance
invoice will be sent to you detailing the total cost due. Full payment is due
not less than 61 days before departure. If you do not pay in full 61 days before
departure, we reserve the right to cancel your booking, and cancellation charges
will apply. If you make a holiday booking within 61 days of your departure date,
then you must pay the full cost of the holiday at the booking stage. Any monies
paid by you to a travel agent acting on our behalf are held by the agent on our
behalf at all times.
13. Making changes to your holiday booking-
When booking your holiday, if you wish to make a modification to a
holiday shown on the website, we will try to assist. Should you wish to change
to an alternative featured hotel, this will be charged at the difference in
published price, as long as Amoun Travel and Tours Ltd holds the space required.
If we have to make a special request for alternative or extra space, an
administration fee of £25 per booking will apply. If you want to change any part
of your holiday arrangements after the balance invoice has been issued, this can
be done (up to 61 days prior to your departure) for a charge of £25 per booking,
subject to availability and any extra costs incurred. If you want to make any
changes within 61 days of your departure date, then these will be treated as a
cancellation of the original booking and cancellation charges will apply.
14. Cancelling your
holiday-
If you or anyone stated on your holiday booking decides to cancel the holiday,
we must be notified of the decision IN WRITING. The cancellation will take
effect from the day the written confirmation is received.
The following scale of charges will be payable depending upon when the
notification of cancellation is received.
Prior to 61 days: deposit forfeited
60 – 42 days: 30% of total holiday cost
41 – 28 days: 50% of total holiday cost
27 – 7 days: 75% of total holiday cost
Less than 7 days: 100% of total holiday cost.
For hotel reservations only, the following scale
of charges will be payable depending upon when the notification of cancellation
is received.
Prior to 7 days – 10% charge – Less than 7 days – 20% – 1 day or less prior to
arrival – 100%.
15. Insurance-
It is essential for you to have comprehensive insurance cover, adequate
to your needs, when travelling.
16. Transferring bookings-
If you are unable to travel, in certain circumstances, we may be able to allow
you to transfer your booking to another party. However, this cannot be
guaranteed and the arrangements must remain EXACTLY the same and, will only be
permitted if all suppliers such as airlines, hotels and cruise ships, are
prepared to accept the transfer. In cases where a transfer is allowed, an
administration charge of £50 per person outside 61 days of departure, and £100
per person inside 61 days, will be made, in addition to any charges that may be
levied by suppliers.
17. If you have cause for complaint-
In the event that you wish to complain about accommodation or any other
services whilst on holiday, you must bring it to the attention of the company
local representative or agent, so that the problem may be amicably resolved
without delay. This should be backed up by a letter signed by you and our
representative before you return home, followed by a further letter to Amoun
Travel and Tours Ltd to be received within 28 days of the end of your holiday.
It is unreasonable to take no action whilst on holiday, but then to write a
letter of complaint upon your return: this may affect your right to claim under
this contract.
18. Our liability to you-
If the contract we have with you is not performed or is improperly performed by
us or our suppliers we will pay you appropriate compensation if this has
affected the enjoyment of your travel arrangements. However we will not be
liable where any failure in the performance of the contract is due to: you; or a
third party unconnected with the provision of the travel arrangements and where
the failure is unforeseeable or unavoidable; or unusual and unforeseeable
circumstances beyond our control, the consequences of which could not have been
avoided even if all due care had been exercised; or an event which we or our
suppliers, even with all due care, could not foresee or forestall. Our
liability, except in cases involving death, injury or illness, shall be limited
to a maximum of twice the cost of your travel arrangements. Our liability will
also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for
your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention
in respect of travel by air, the Athens Convention in respect of travel by sea,
the Berne Convention in respect of travel by rail and the Paris Convention in
respect of the provision of accommodation, which limit the amount of
compensation that you can claim for death, injury, delay to passengers and loss,
damage and delay to luggage. We are to be regarded as having all benefit of any
limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies’ contractual terms, or the
international conventions, from our offices (insert address and telephone). Under EU law (Regulation
261/2004) you have rights in some circumstances to refunds and/or compensation
from your 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. However reimbursement in such cases will not
automatically entitle you to a refund of your holiday cost from us. Your right
to a refund and/or compensation from us is set out in clause 6. If any payments
to you are due from us, any payment made to you by the airline will be deducted
from this amount. If your airline does not comply with these rules you should
complain to the Air Transport Users’ Council on 020 7240 6061
www.auc.org.uk
19.Prompt assistance in resort- if
the contract we have with you is not performed or is improperly performed as a
result of failures attributable to a third party unconnected with the provision
of the services, or as a result of failures due to unusual and unforeseeable
circumstances beyond our control, the consequences of which could not have been
avoided even if all due care had been exercised, or an event which we or our
suppliers, even with all due care, could not foresee or forestall, and you
suffer an injury or other material loss, we will offer you such prompt
assistance as is reasonable in the circumstances.
20.Passport, visa and immigration requirements-
Your specific passport and visa requirements, and other immigration requirements
are your responsibility and you should confirm these with the relevant Embassies
and/or Consulates. We do not accept any responsibility if you cannot travel
because you have not complied with any passport, visa or immigration
requirements.
21.Excursions-
Excursions or other tours that you may choose to book or pay for whilst you are
on holiday are not part of your package holiday provided by us.
This website 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.
