| Easy Gulet (a Travel holiday shop company) accepts bookings subject to
the following conditions: |
| Your
Contract with Easy Gulet (a travel holiday shop company):
|
To secure a booking easy gulet (the ‘Company’) or its
agent requires a completed booking form together
with a non-refundable deposit per person per tour
or full payment for travel within 56 days. Clients
booking by telephone, facsimile, web or e-mail will
be deemed to have read and accepted the Booking
Conditions set out below. THEREFORE, PLEASE READ
THEM CAREFULLY. A booking is accepted and becomes
legally binding only from the date when the Company
has confirmed its acceptance in writing and issued
a confirmation invoice. It is at this point that
a contract between the Company and you (the ‘Client’)
comes into existence. The Contract is between the
Company and the Client, being all persons named
on the booking form travelling or intending to travel
with the Company. The person signing the booking
form (which incorporates these conditions) warrants
that he/she has full authority to do so on behalf
of all persons whose names appear on the booking
form (the ‘Party’), and confirms that
all such persons are fully aware of and accept these
conditions. However, for the avoidance of doubt,
that person’s signature confirms his or her
responsibility for all payment due in respect of
all persons within the Party. No agent or employee
of the Company other than a director has the authority
to vary or omit any of these conditions or promise
any discount or refund. |
| Payment
for your Holiday: |
The balance of all monies
due, including any surcharges applicable at that
time, must be paid to the Company or their agent
not later than 56 days before departure. The Company
will not accept responsibility for any monies sent
by post. The Company reserves the right to pass
on any charges relating to returned cheques and
credit card charge backs. Payment can be made by
debit cards and all major credit cards. The Company
reserves the right to charge 2% of the total of
all monies due in relation to payments made by credit
card. In accordance with mail order regulations,
all documents will be posted to the billing address
of the credit/debit cardholder and not the address
of the passenger (unless they are one and the same).
The Company will not be responsible for documents
mislaid or lost in the postal system. Documents
can be sent by registered post or courier but will
be subject to an additional fee. In the case of
non-payment of the balance by the due date, the
Company will treat the booking as cancelled by the
Client and reserves the right to charge the Client
a cancellation charge in accordance with the scale
set out in paragraph 5 (below). Monies paid to an
agent acting on behalf of the Company, for tours
operated by the Company, are held by the agent on
behalf of the Company. |
| Changes
by the Client: |
Any changes to the original
booking (for example, hotel, passenger names but
not departure dates (see below) must be confirmed
in writing by the person completing the booking
form and must be accompanied by an administration
fee of £25 per booking in addition to any
further costs that the Company may incur. Whilst
every reasonable effort will be made to accommodate
changes and additional requests, their availability
cannot be guaranteed. A change of departure date
must be requested in writing by the person completing
the booking form and must be accompanied by an administration
fee of £50, unless the request is within 56
days of departure in which case cancellation fees
will be applied as detailed in paragraph 5 (below). |
| Substitution
of Client: |
|
If any number of the Party
is prevented from travelling it may be possible
to transfer the booking to another suitable person
provided that written notice is given at least 56
days prior to departure. An administration fee of
£50 will be charged plus any additional costs
that are imposed on the Company. Airlines may impose
100% cancellation charges and the cost of a new
ticket.
|
| Cancellation
by the Client: |
|
The Client may cancel the
booking at any time provided that the cancellation
is communicated to the Company in writing. Cancellation
charges will be applied as shown below calculated
from the day when written notice is received by
the Company. The more notice that the Company receives,
the less the Company will charge the Client. However,
in addition to the charges shown below many air
tickets have no refund value whatsoever and, therefore,
airlines may impose 100% cancellation charges and
the cost of a new ticket.
Period
before departure |
Cancellation
Charge
|
14 weeks or more |
Forfeit
of deposit and 10% of total cost of tour |
till
- 8 weeks |
Forfeit
of deposit and 30%
of total cost of tour |
till
- 5 weeks |
Forfeit
of deposit and 75%
of total cost of tour |
till
- 3 weeks |
Forfeit
of deposit and 100%
of total cost of tour |
If the reason for cancellation is covered
by the Client’s travel insurance policy, the
Client may be able to reclaim these charges. |
| Changes
by Easy Gulet (a travel holiday shop company): |
|
The Company’s aim is
to operate all tours as advertised but by entering
into the Contract the Client accepts that it may
prove necessary or advisable to vary or modify a
tour itinerary or its contents due to prevailing
local conditions or any other reason. The Company
reserves the right at any time to cancel or change
any of the facilities, services or prices described
in its brochures or websites (including flights,
accommodation or other arrangements) and to substitute
alternative arrangements of comparable monetary
value without compensation to the Client and accepts
no liability to the Client whatsoever for loss of
enjoyment as a result of these changes. If a major
change becomes necessary the Company will inform
the Client as soon as reasonably possible. The definition
of “major change” will depend on the
individual tour and circumstances.
When a major change is made the Client will have
the choice of either:
(i) accepting the change of arrangements; or
(ii) purchasing another available tour; or
(iii) cancelling the tour and obtaining a full refund.
Provided that the major change is because of “Force
Majeure” or “Low Bookings” (see
below) compensation will be limited to £40
per person travelling. “Force Majeure”
includes war, threat of war, riot, civil strife,
terrorist activity, natural or nuclear disaster,
fire or adverse weather conditions, technical or
maintenance problems with transport, closures or
congestion at airports or ports, or other similar
events beyond the control of the Company. “Low
Bookings” is where the minimum number of passengers
to run a tour and make it viable, as set out in
the Company’s brochures/websites, is not achieved.
|
| Cancellation
by Easy Gulet (a travel holiday shop company): |
|
The Company reserves the right
to cancel a tour in any circumstances but, except
for Force Majeure, Low Bookings or the Client’s
failure to pay the final balance, will not cancel
a tour less than 42 days before departure. Unless
the Client fails to pay the final balance, the Company
will, upon cancellation, return all monies paid
excluding payment for travel insurance or offer
an alternative tour of comparable standard. No compensation
will be paid to the Client if cancellation is because
of Force Majeure or Low Bookings.
|
| Surcharges: |
The Company reserves the right
to increase the tour cost to take account of the
following: government action, currency exchange
rates, transportation costs (including the cost
of fuel), overflying charges, airport charges, local
taxes and increase in scheduled air fares. If the
surcharge results in an increase of more than 10%
of the tour cost excluding insurance premiums and
amendment charges, the Client may cancel the booking
within 7 days of being notified of the surcharge
and obtain a full refund. No surcharge will be imposed
within 28 days of departure. |
| Travel Insurance: |
The Client MUST take out suitable
travel insurance in order to take part in a tour
organised by the Company. Clients are wholly responsible
for arranging their own insurance. A suitable insurance
policy should provide adequate cover for medical
expenses arising through illness or accident prior
to or during the holiday and loss of holiday monies
through cancellation and curtailment of the holiday
for insurable reasons. The Company is able to assist
the Client in obtaining a suitable insurance policy.
Clients making their own arrangements should ensure
that there are no exclusion clauses limiting protection
for the type of activities in their tour. Clients
should satisfy themselves that any travel insurance
arranged through travel holiday shop is what they
require and should arrange supplementary insurance
if need be. |
| Passports, Visas and Vaccinations: |
|
Clients must ensure that they
are aware of all relevant passport and visa requirements
and that they allow adequate time to obtain them.
Please note that many countries require that passports
are valid for six months beyond the period of the
Client’s stay. Requirements can change and
it is the Clients’ responsibility to ensure
that they comply with current passport, visa and
health requirements and take all necessary documents
with them to gain access to any country or region
which forms part of the tour. The Client will be
solely responsible for any cost, loss or damage
which he or the Company incurs as a result of a
failure to obtain all necessary passports, visas
and/or vaccinations.
|
| Behaviour: |
|
It is the Clients’ responsibility
to ensure that he and the members of his Party do
not behave in a way which causes offence or danger
to others or which risks damage to property belonging
to others. In such circumstances all suppliers (e.g.
hotel managers, airline pilots) and the Company
have the right to terminate arrangements made on
the Clients’ behalf, in which case the Company’s
responsibility to the Client ceases immediately.
Therefore, the Company will not be liable for any
refunds, payment of compensation or reimbursement
of any cost or expenses incurred as a result. Further,
the Client will be liable to reimburse the Company
for any expenses whatsoever that it incurs as a
result of such behaviour.
|
| Age,
Fitness and Participation: |
All Clients are expected to
satisfy themselves prior to booking that they are
fit and able to complete the itinerary of their
chosen tour as described in the Company’s
brochures. No unaccompanied minors (i.e. those under
18 years of age) can be accepted on tours operated
by the Company, however older teenagers may travel
provided that they are accompanied by a parent or
a guardian who accepts full responsibility for them
and subject, in all cases, to the ultimate discretion
of the Company. Clients agree to accept the authority
and decisions of the Company’s employees,
tour leaders, and agents whilst on tour with the
Company. If in the opinion of such person, the health
or conduct of a Client before or after the departure
appears likely to endanger the safe, comfortable
or happy progress of the tour, the Client may be
excluded from all or part of the tour, in which
case all monies paid will be forfeited and the Company
will not be liable to pay any compensation whatsoever
to such Client. |
| Local Laws: |
All participants in tours
operated by the Company are expected to obey the
laws and regulations of the countries visited and
any failure to do so will relieve the Company of
all obligations that it may otherwise have under
the Contract. |
| Illness
or Disability: |
Anyone suffering from illness
or disability or undergoing treatment for any physical
or medical condition must declare the true nature
of such condition at the time of booking and make
arrangements for the provision of any medication
or other treatment required during the tour. Failure
to make such disclosure will constitute a breach
of these Booking Conditions and may result in such
persons being excluded from the tour in which case
all monies paid will be forfeited and the Company
will not be liable to pay any compensation whatsoever.
If the chosen tour includes a cruise or excursion
or transfer by boat of any sort the Client must
make it known at the time of booking if he/she is
unable to swim. This will not prevent the Client
from participating in the tour but will enable the
Company to take additional precautions for the Client’s
safety at such times as may be appropriate. |
| Complaints: |
If the Client has a complaint
about any of the tour arrangements, the Client must
bring it to the attention of the tour leader or
other representative of the Company at the time
so that they may use their reasonable endeavours
to rectify the situation. Failure to complain at
the time will affect the Client’s ability
to claim compensation from the Company. Should the
problem remain unsolved a complaint must be made
in writing to the Company within 28 days of the
completion of the tour. The Company accepts liability
should any part of the tour arrangements booked
not be of reasonable standard. In such a case, the
Company will pay reasonable compensation if the
Client’s enjoyment of the tour arrangements
has been adversely affected but will pay no compensation
if there has been no fault on the part of the Company
or its partners and the reason for the failure in
the tour arrangements was the Client’s fault,
or due to the actions of someone unconnected with
the tour arrangements, or if the circumstances could
not have been reasonably foreseen or avoided by
the Company or its partners. The Client is also
referred to the Company’s right to make changes
to any tour, as set out at paragraph 6 (above). |
| Easy Gulet's responsibilities: |
The tours operated or supplied
by the Company have been designed to provide participants
with an exposure to the true nature of the environment
visited and therefore involve an element of potential
risk and exposure to potential hazards over and
above those associated with normal ‘package’
holidays. All bookings are accepted on the understanding
that the Client appreciates such risks and hazards
and that they undertake all tours at their own volition.
If a Client participates in an activity not included
as part of a tour operated by the Company, the Client
accepts all responsibility for taking part in such
an activity and indemnifies the Company against
any and all claims related to such an activity.
Where the Client suffers death, personal injury
or any other loss whatsoever as a result of an activity
forming part of the tour arrangements booked with
the Company, the Company shall only accept responsibility
if the death, personal injury or loss was caused
by the negligent acts and/or omissions of the Company’s
employees, officers, agents, suppliers or sub-contractors.
For the avoidance of doubt, the Company shall not
be liable for such death, personal injury or any
other loss suffered whatsoever if there has been
no fault on the part of the Company or its partners,
or if the cause was the fault of the Client or due
to the actions of someone unconnected with the tour
arrangements or due to circumstances which neither
the Company nor its partners could have reasonably
anticipated or avoided. The Company’s acceptance
of liability to pay compensation pursuant to this
paragraph 16 is limited, in the case of air travel,
rail travel, sea travel or hotel accommodation,
to the amounts set out in the provisions of, respectively,
the Warsaw Convention 1929 (as amended by the Hague
Protocol 1955), the Berne Convention 1961, the Geneva
Convention 1973, the Athens Convention 1974 and
the Paris Convention 1962. The Company’s acceptance
of liability under this paragraph 16 is subject
to assignment by the Client to the Company of the
Client’s rights against any agent, partner
or sub-contractor of the Company which is in any
way responsible for the unsatisfactory holiday arrangements
or the Client’s death or personal injury. |
| Special Requests: |
If the Client has any special
requests, he should inform the Company at the time
of booking. The Company and its suppliers will try
to meet such requests but, as these do not form
part of the Contract, the Company does not guarantee
to do so, including for pre-bookable seats. If the
Company confirms that a special request has been
noted or passed to the supplier or refers to it
on the confirmation invoice or elsewhere, this is
not a guarantee to meet it. The Client will not
be specifically notified if a special request cannot
be met. The Company does not accept bookings which
are conditional on the fulfilment of any special
request. |
| Departure
Taxes: |
It is not always possible
to include all departure taxes on the Client’s
ticket. In some cases departure taxes must be paid
locally and these are payable to the Government
of the country departed and are non-refundable. |
| Your
Financial Security: |
easy gulet a (travel holiday shop company) acts as
an agent for ABTA and ATOL registered operators on all its flight bookings and some of its tours. When booking and paying for any tour by credit card and debit card all customers are covered for any financial losses, directly by the insurance cover provided by the card issuer. |
| Data
Protection: |
In order to process your booking,
easy gulet a (travel holiday shop company) needs to collect certain personal
details from you. These details will usually include
the names and addresses of party members, credit/debit
or other payment details and special requirements
such as those relating to any disability or medical
condition that may affect the holiday arrangements.
We take full responsibility for ensuring that proper
security measures are in place to protect all your personal information.
We must pass some information
on to the relevant suppliers of your travel arrangements
(airlines, hotels, transport companies etc.). Such
suppliers may be outside continental Europe if your
holiday is to take place or involve suppliers outside
these countries. The information may also be provided
to security or credit checking companies, public
authorities such as customs/immigration if required
by them, or as required by the law of the country.
Except where expressly permitted
by the Data Protection Act 1998, easy gulet a (travel holiday
shop company) will only deal with the personal details you
give to easy gulet as set out above unless
you agree otherwise. We may make contact with you
or members of your holiday party by post, e-mail,
or telephone for the purposes set out. We will also
use your information to inform you of offers in
the future or to send you brochures. If you do not
wish to receive such approaches in the future then
please let us know as soon as possible by telephone,
letter or e-mail us at info@easygulet.com If
we do contact you by e-mail about our new brochures
or special offers, you will also be able to unsubscribe
yourself from our database at this time. travel
holiday shop will assume that you do not object
to being communicated with unless you have previously
opted out or contacted us. We have the appropriate
security measures in place to protect your confidential
information.
We may provide your details
to carefully selected third parties for similar
purposes, if you would prefer us not to do so, please
contact us by letter, telephone or e-mail. You are
entitled to ask for a copy of your information.
Please contact us in writing if required. |
| Entire
Agreement: |
The Contract constituted by
the Company’s acceptance of the Client’s
booking subject to these Booking Conditions shall
constitute the entire agreement between the Client
and the Company in relation to the relevant booking,
and shall exclude all other terms and conditions
(except for the relevant suppliers’ conditions
and any applicable international conventions) and
shall supersede all prior or contemporaneous communication
or information provided. |
| Governing
Law: |
The Contract (incorporating
these Booking Conditions) and all matters arising
from it, is subject to English Law and the exclusive
jurisdiction of the English Courts.
“travel holiday shop”
is
a private limited company incorporated in Scotland.
BY APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS
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