| Booking Conditions |
 |
|
|
|
|
|
Your contract is with Inspired By Asia, a division of The Curzon Corporation Ltd, a member of ABTA.
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. A contract will exist as soon as we issue our confirmation invoice. This contract
is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of
the English Courts.
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 2949 and
a Bond is held by ABTA. If you book arrangements other than a package holiday from this brochure, your monies are
protected by way of a bond held by ABTA under number W156X. When you buy an ATOL protected air holiday package
from us you will receive a Confirmation Invoice confirming your arrangements and your protection under our Air Travel
Organiser’s Licence number 2949. 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
3. ABTA
We are a member of ABTA, membership number W156X. 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. Further information on the Code and arbitration can be found at
http://www.abta.com 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 the IDRS within nine
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.
4. Your Holiday Price
We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current
price of the holiday that you wish to book before your contract is confirmed. When you make your booking you must
pay a deposit of £300.00 per person or 10 percent of the holiday cost – whichever is the greater. For certain holidays,
such as those including extended overland tours, higher deposits may be required. In additon to this some airfares
carry specific ticketing deadlines and on ocassions the full airfare will be required at the time of booking, in order for
us to meet these ticketing restrictions. The balance of the price of your travel arrangements must be paid at least 8
weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel
arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent
are held by them on our behalf at all times. The price of your holiday was calculated using the following exchange
rates: THB54.70, US$1.63, MYR5.75, SG$2.18, HK$12.79. Changes in transportation costs, including the cost of fuel,
dues, 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.
However there will be no change within 30 days of your departure. 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. You will be charged for the amount over and above that. If this means that you have to pay an
increase of 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. We will consider an appropriate refund of insurance premiums paid
if you can show that you are unable to transfer or reuse your policy. Should 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. 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.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example
your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always
be possible. Any request for changes to be made must be in writing from the person who made the booking or
your travel agent. You will be asked to pay an administration charge of £30 per altered item, and any further cost we
incur in making this alteration. You should be aware that these costs could increase the closer to the departure date
that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Apex
Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation
charge of up to 100% of that part of the arrangements. Please note that on scheduled airlines, name changes
cannot be made under any circumstances.
6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person
who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in
cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum
shown in clause 7. Note: if the reason for your cancellation is covered under the terms of your insurance policy, you
may be able to reclaim these charges.
7. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements
many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time.
Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date.
We also reserve the right 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 8 weeks before your departure date, except for reasons of force
majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you
can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard
from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary
to cancel your travel arrangements, we will pay to you compensation as set out in this clause. Any changes to the actual
airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in
or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include
alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to
another of the same standard. If we make a major change to your holiday, we will inform you or your travel agent as
soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the
change of arrangements, 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), or cancelling your booked holiday
and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of
force majeure, we will pay compensation as detailed below:
| Period before departure within which notice of Cancellation or major change is received by us or notified to you |
IF WE MAKE A MAJOR
CHANGE TO YOUR HOLIDAY |
IF WE CANCEL
YOUR HOLIDAY |
IF YOU CANCEL
YOUR HOLIDAY |
Amount you will
receive from us |
Amount you will
receive from us |
MAXIMUM amount of
cancellation charge |
More than 56 days
55-43 days
42-31 days
30–0 days
|
Nil
£20
£30
£50
|
Deposit Only
Monies paid + £20
Monies paid + £30
Monies paid + £50 |
Deposit Only
30% of holiday cost
45% of holiday cost
100% of holiday cost |
Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel
arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include,
for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse
weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
8. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative
immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow
this up within 28 days of your return home by writing to our Customer Services Department, Inspired by Asia, Southfield,
Station Parade, Harrogate HG1 1HB 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. It is strongly recommended that you communicate any complaint to the supplier of the services in
question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow
this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst
you were in resort and this may affect your rights under this contract.
9. 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. Inspired
By Asia does not accept any liability for any services or facilities which your hotel or any other supplier agrees to provide
for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange
them. 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. For any excursion or other tour that you book, your contract will be with the operator
of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything
that happens during the course of its provision by the operator.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of
your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner with any
relevant international convention. You can ask for copies of the transport companies' contractual terms, or the international
conventions, from our offices in Harrogate. 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. Your right
to a refund and/or compensation from us is set out in clause 7. 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
10. 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.
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.
Published November 2009. Registered Office Milton House, 33a Milton Road, Hampton, Middlesex TW12 2LL. |
|
|
