Terms & Conditions
Introduction —
Section 1 —
The following terms apply to all bookings made with or through VPUK.
1. The types of arrangements we offer, availability and ABTA membership
We offer and you can book through us 3 types of arrangements as set out below. Who you will have a contract with and the terms which will apply to that contract depend on the type of arrangements you book.
(a) accommodation only – your contract will be with the provider of the accommodation and not VPUK. VPUK acts only as agent for the accommodation provider;
(b) packages arranged by a tour operator - your contract will be with the tour operator and not VPUK. VPUK acts only as agent for the tour operator;
(c) packages arranged by VPUK – your contract will be with VPUK.
All advertised arrangements are subject to availability at the time we confirm your booking request. Apparent on line availability may not always exist in real time.
VPUK is a member of ABTA. Where VPUK acts as agent, our membership number is L7778. Where you purchase a package arranged by VPUK and your contract is with VPUK, our membership number is L7778.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see clause 16 in section 1), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com
2.In these booking conditions, the following words have the following meanings (except where the context otherwise requires);
“you” and “your” means all persons named on the booking, or any of them where applicable (including anyone who is added or substituted at a later date);
“party leader” means the person who makes the booking;
“VPUK”, “we”, “us” and “our” means Voyage Prive UK Ltd trading as Voyage Prive UK acting as agent in relation to any booking of accommodation only or a tour operator package or as principal in relation to any booking of a VPUK package;
“accommodation only” means any accommodation (of whatever type) which is arranged by us and does not form part of a package;
“tour operator package(s)” means a combination of accommodation, transport and/or other services for the same holiday which are arranged by a tour operator or other travel business and booked by you at the same time;
“VPUK package” means a combination of accommodation and flights for the same holiday (with or without any additional services) which is booked by you with VPUK at the same time. A VPUK package does not include a tour operator package;
“arrangements” and “holiday” means accommodation only, a tour operator package or a VPUK package, as applicable;
“accommodation provider(s)” means the provider of the accommodation in relation to an accommodation only booking (who may or may not be the owner of the accommodation);
“booking” means any booking of any arrangements or holiday;
“flight(s)” means any flight forming part of a tour operator package or a VPUK package;
“ticket(s)” means the document which, subject to compliance with all applicable requirements, will enable you to gain access to your flight. References to a “ticket” includes an e-ticket and any equivalent document;
“tour operator(s)” means the tour operator who arranges the tour operator package;
“departure” means the commencement of your arrangements.
3. Prices
All our prices are shown in pounds sterling and include VAT.
VPUK offers its services at discount, negotiated and public prices. The descriptions of the arrangements on our website specify the services that are included in the price and any special conditions that apply.
Please note, changes and errors occasionally occur. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the correct price at the time of booking.
The price for arrangements varies significantly depending, in particular, on the period when the holiday is taken, the number of people travelling and the airline / type of flight ticket booked. Our prices are contractual tariffs. No claim relating to the price of any arrangements will be considered once the booking has been confirmed.
For arrangements including accommodation and transport, the prices are calculated on the basis of the number of nights stayed and not the number of whole days.
Unless otherwise stated in the description of the offer, prices do not include:
• booking fees
• charges for the issuing of tickets or travel vouchers (these vary depending on the form of issue chosen)
• personal travel insurance
• territorial exit charges required by certain countries, which must be paid on the spot in cash, when checking-in
• excess baggage charges
• airport parking
• visas and charges for any necessary administrative and health formalities for the envisaged travel: vaccinations, medical treatment, etc.
• visitor’s tax
• single room supplement
• meals not included in the formula chosen for the holiday, and meals consumed during stop-overs
• drinks, including those consumed with meals (including bottles of water when the hotel does not have drinking water)
• infant charges which must be paid direct to the hotel on the spot
• telephone calls
• optional visits and excursions, entrance charges to museums and sites
• activities for which a charge is payable
• personal expenses
• obligatory tips in certain countries
• optional tips to guides or drivers in the context of a tour or cruise.
a. Reference Price
Hotel offers
In order to show a percentage discount, we compare our offer price with a 'reference' price (as shown against each offer). This reference price is provided to us by the hotel and corresponds to the prices displayed in the hotel. We include the cost of additional services such as room upgrades, welcome drinks, treatments, etc. as negotiated by our team, when calculating the reference price.
Tour operator packages
In order to show a percentage discount, we compare our offer price with a 'reference' price (as shown against each offer).This reference price corresponds to the tour operators’ brochure price for the same holiday or a holiday of an equivalent standard.
b. Airport taxes
Airport taxes payable in advance are included in our prices. The amount of these is generally to be found in the description and is included in the price quoted at the time of booking.
Apart from the airport charges collected directly at the time of your booking, additional local taxes may be imposed by the local authorities in certain countries and these must be paid by you locally.
c. Price increases after confirmation
An increase in the confirmed price of your arrangements may occur after booking as set out in section 2 or 3, as applicable.
d. Booking fees
A fixed booking fee will be added for all online bookings
The applicable booking fee is shown on our website and advised to you at the time of booking. Booking fees may change.
4. Making your booking
The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
Only fixed, irrevocable orders can be accepted. A booking request can only be processed where you have provided us with payment authority (including credit / debit card details) and it has been accepted as a firm booking as set out below. Please ensure you carefully check all booking details before you submit your booking request as it will not be possible to make changes later without paying any applicable charges. We accept no liability for any errors you make.
All arrangements advertised online are normally available. Where you book any arrangements other than a flight inclusive tour operator package online, a confirmation of your booking will be sent to you automatically using the e-mail address provided.Your credit / debit card will be debited immediately with the applicable amount due. You will also receive an invoice by email. If you book a VPUK package which includes flights, you will also receive an ATOL certificate immediately we receive any payment from you. Please see section 3 clause 6 “Your financial protection” for further information on the ATOL Certificate.
If you book a flight inclusive tour operator package online, an ATOL Certificate will be sent to you by us using the e-mail address provided as soon as we receive payment. Please see section 2 clause 5 “Your financial protection” for further information on the ATOL Certificate. Your credit / debit card will be debited immediately with the applicable amount due. We will then send you a booking confirmation from the tour operator. A binding contract between you and tour operator will come into existence when the tour operator sends out this confirmation to us. You will in addition receive a confirmation and invoice from us as applicable to all other arrangements. However, these documents purely acknowledge your booking.
Occasionally, advertised arrangements will not be available when your booking request is processed. Where this occurs, we will, where possible, offer you similar alternative arrangements. Where we cannot do so or these are not acceptable to you, we will reimburse the payment you have made to the credit / debit card from which payment was deducted.
Telephone bookings are confirmed and a contract comes into existence once all elements have been verbally confirmed and accepted by you and the applicable payment has been made. Where the arrangements include a flight, an ATOL Certificate will be emailed or posted to you immediately payment is received from you.
Where applicable, the issue of an ATOL Certificate confirms receipt of your payment and that this is financially protected under the ATOL scheme. It does not, however, confirm the booking. A contract between you and the tour operator or VPUK, as applicable, only comes into existence as referred to above.
Please also check your confirmation and invoice carefully as soon as you receive them. Contact us immediately if any information which appears on the confirmation, invoice or any other document appears to be incorrect or incomplete.
Where you book online or otherwise request us to, we will communicate with you by e-mail in relation to your booking. You must accordingly check your e-mails on a regular basis, including your Spam inbox. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include electronic communications through our website or by e-mail.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to customer.relations@voyageprive.com.
5. Payment
Payment may be made using the following international credit/debit cards:
• VISA credit cards displaying the three-coloured VISA symbol on the right (blue, white, ochre) and a dove in a hologram
• MasterCard, recognisable by their “MC” hologram
• VISA debit card
• Maestro debit card (coming soon)
6. Travel documents
The method for issuing travel documents and/or tickets is as stated below or otherwise advised in writing and depends on the time available between the date of issue of tickets and your date of departure, and/or type of service. Travel documents will not be issued unless full payment has been received.
Tour operator package or VPUK package
Vouchers for land services (hotel stays, transfers, etc.) and the booking confirmation to enable you to collect any ticket on departure at the airport will be sent to you either by post or e-mail, depending on the type of service. The party leader must provide a postal address, an e-mail address to which we can send you certain documents relating to the holiday between the hours of 09.00 to 18.00 Monday to Friday.
Flights
If, five days before departure, you have not received your travel documents, you must inform us so that we can get them to you in time. If you provide us with incorrect information, VPUK has no liability if the holiday is adversely affected or made impossible by the non-receipt of travel documents. In addition, we would recommend that you regularly consult your e-mail and your telephone messages up to the point of departure, even if you have already received your travel documents.
In the case of a last minute booking on charter flights, tickets will be collected at the airport.
7. Special requests and medical conditions / disabilities
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant accommodation provider / tour operator / supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation, invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you have any medical condition or disability which may affect your holiday or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
8. Duration of the holiday
The duration of the advertised holiday includes:
• the date of scheduled departure from your departure airport for your outward flight (where arrangements include flights) or the date from which your accommodation is available for your occupation (where the arrangements do not include flights); and
• the scheduled date of arrival at your return airport of your return flight (where arrangements include flights) or the date you are required to leave your accommodation (where the arrangements do not include flights)
The prices are calculated on the basis of the number of nights, and not the number of whole days. The term ‘night’ means the period during which the room is available to you, i.e. usually between 14.00 and 12.00 on the following day.
The first and last day are generally taken up with travel (where included). For this reason if, as a result of the timetables operated by the airlines, the first and/or last day are shortened, in the form of a late arrival or morning departure, you will not receive any compensation, refund or reduction in the price. The same applies if the duration of the holiday is lengthened. No compensation will be payable for return on the day following the contractual date. When travelling by charter flights, this possibility must be taken into account and the necessary arrangements should be made both personally and professionally
9. Accommodation and stays
a. Hotel classification
The number of stars attributed to the hotel appearing in the description corresponds to a classification established as a point of reference in accordance with local standards in the host country. They may differ from UK and European standards. We will endeavour to keep you informed as accurately as possible regarding the condition of your accommodation. The comments we make in our descriptions are from our knowledge of the establishments and the comments we have received from customers. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
b. Taking possession of and vacating your room
It is not generally possible to have access to hotel rooms until 14.00, whatever the time of arrival of the flight, and rooms must usually be vacated before 12.00, whatever the time of the return flight. These are standard times for the hotel industry but please check the details of your particular booking as these may vary slighty from time to time.
For all hotel reservations, not including travel, you may arrive at your chosen accommodation from 2.30pm onwards unless otherwise stated in your travel documents.
For all self-catering reservations, not including travel, you may arrive at your accommodation from 4.30pm onwards unless otherwise stated in your travel documents. All rooms must be vacated before 12.00pm on the day of departure.
c. Types of room
Single rooms. These have a single bed. They are subject to a supplement, are available in a limited quantity and are often less spacious, less comfortable, and less well situated than the other rooms, particularly in the case of cruises, where they are often situated near the engine room.
Double rooms. These have either two single beds (more common) or a double bed.
Triple rooms. In most cases these are like double rooms, with the addition of a single bed (note: this bed may be less than standard size).
Quadruple rooms. In most cases these are like double rooms, with the addition of two single beds (note: these beds may be less than standard size). In the case of 2 adults and 2 children, if the area of the room is not big enough for more than three people in the same room, 2 adjacent or interconnecting (if possible) double rooms will be requested and the adult rate will then be applied (unless specifically stated).
Family rooms. Some triple or quadruple rooms have 3 of 4 proper beds of standard size and there is therefore no reduction.
On cruise ships cabins generally offer more restricted space than a hotel room. In addition, for an equivalent classification in terms of stars, the amount of space and degree of comfort in river cruise cabins in Egypt is generally less than that offered by local hotels.
d. Meals
These depend on the meal plan chosen / applicable. The following are guidelines only so please check your specific holiday as these details may vary.
• All-inclusive. This includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol), generally between 10.00 and 22.00. Some alcoholic drinks may not be included in the formula and will be billed separately by the hotel.
• Full board. This includes accommodation, breakfast, lunch and dinner, but no drinks.
• Half board. This includes accommodation, breakfast and either dinner or lunch, without drinks.
In the case of full board or half board, drinks are not included, unless specifically mentioned in the description. In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the customer’s expense.
Payment for any additional food and drink not included in the applicable meal plan must be paid for locally.
It is necessary to comply with the hotel’s rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
e. Activities offered during the stay
Some activities offered may present particular risks for young children. We will not be liable in the event of an incident or accident which is due to a lack of vigilance on your part. It may happen that certain activities referred to in the description are no longer provided by our local provider for climatic reasons, in the event of force majeure, a stay out of the tourist season or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s club). In such cases VPUK cannot be held liable. In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed and maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., is insufficient for the demand. The opening hours of bars, restaurants, and discos, etc., may be irregular and dependent on the management of the establishment in question. Please also see clause 18.
Most beaches, even so-called “private” beaches, are open to the public. It is possible that they are not regularly cleaned.
The sports activities offered for collective participation are often organised by providers outside the hotel. We have no liability for such activities. Any travel costs related to such activities are at the customer’s expense. Similarly these activities may be withdrawn at the discretion of the organiser if there is insufficient demand. This will not give rise to any entitlement to compensation.
f. Infants
We would ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their holiday destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
g. Pregnant women
For all sea, bathing and spa treatment reservations: We would advise pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to undergo sea treatments, or other treatments included in the package. We would inform you that none of the treatments is designed or suitable for pregnant women, and that treatment may not be possible in certain cases. Please inform us of the stage of pregnancy when making your reservation, so that we can inform our suppliers.
We cannot be held liable in the event that treatment is only partially completed or not all; and no compensation will be payable under such circumstances.
10. Alterations by you
Should you wish to make any alterations to your confirmed arrangements, the party leader must notify us in writing by post, fax or e-mail as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, we will then send you a document advising you of the applicable amendment costs which you must approve within the stated time in order to confirm your request. Any approval received outside the stated time frame allowed may result in additional costs, of which you will be informed by e-mail. It is essential that you return your written approval as otherwise your original booking will stand.
As a general rule, alterations, whatever their nature, are likely to result in cancellation of your existing booking followed by a new booking, involving payment of the relevant cancellation charges. However, in certain circumstances, it may be possible to make alterations to your existing booking.
Any alteration to arrangements (with the exception of the departure date) before departure will involve the following charges:
• More than 30 days before departure: £16 per person
• Between 30 and 21 days before departure: £40 per person
• Between 20 and 8 days before departure: £77 per person
• Up to 7 days before departure: £100 per person
These charges will be added to any costs charged by the supplier of which you will be informed before the alteration is made.
Note:
• An alteration of the departure date will result in the booking being cancelled. Consequently, such an alteration will involve the payment of cancellation charges as referred to in clause 11.
• Any alteration affecting a scheduled or a low cost flight requires the payment of 100% of the ticket price by way of cancellation charges together with the purchase of a replacement flight at the then applicable cost.
• A ticket for a show or any leisure activity cannot be sold back or exchanged except in the case of cancellation of the show or a decision, by the organiser, to refund the tickets. Generally, it is not possible to change the date of your reservation in order to see the show on a different date. Whatever the circumstances such requests will be reviewed at the discretion of the organiser. In all cases cancellations of reservations for shows will result in cancellation charges of 100% of the cost and there can be no refund.
11. Cancellation by you
Should you need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing by post, fax or e-mail. We will then send you a document advising you of the cancellation charges and any other applicable costs which you must approve within the stated time in order to confirm your request. Any approval received outside the stated time frame allowed may result in additional costs, of which you will be informed by e-mail. It is essential that you return your written approval as otherwise your original booking will stand. Subject to receipt of your written approval of the above document within the stated time, your notice of cancellation will only be effective when received by us in writing.
Any external costs or costs which aren’t included in your booking (such as the issuing of visas, other travel documents, vaccination costs, etc.) are non-refundable.
The cancellation of your booking for whatever reason does not exempt you from paying all the sums that you owe to VPUK.
The cancellation charges payable vary depending on the suppliers concerned. Subject to any special provisions applicable to the arrangements confirmed, the following scale of charges will apply where you have booked accommodation only or a VPUK package. Where you have booked a tour operator package, the tour operator’s cancellation charges will apply. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums, booking fees and amendment charges. Insurance premiums, booking fees and amendment charges are not refundable in the event of cancellation. This scale shows the maximum charges applicable. In practice the charges will often be lower. Charges depend on the date we are notified of the cancellation in writing. References to departure are to the start date of the arrangements contracted. Airport taxes are always refundable, whatever the reason for cancellation, providing these have been received from the airline.
• up to 30 days before departure = 30% of the holiday price
• between 30 and 16 days before departure = 55 % of the holiday price
• between 15 and 7 days before departure = 75% of the holiday price
• less than 7 days before departure = 100% of the holiday price
• non-arrival or late arrival at the start point of the services = 100% of the holiday price.
In addition to the above cancellation charges, an administration charge will be payable to VPUK where you cancel an accommodation only booking.
Cancellation and administration charges will be deducted from any refund payable in the event of cancellation, and will be charged to you in the event of an alteration.
Important: Any cancellation affecting the flight element of a tour operator package or a VPUK package will involve minimum cancellation charges equivalent to the price of the flights.
For day treatments: 30% of the cost of the service will be payable if you have not yet fixed your reservation date with the treatment centre
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, discount(s) ,concessions or included services agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Any interrupted or shortened stay, or any service not actually taken up by you, for whatever reason, (including in the event that you do not arrive at the starting point or fail to arrive in time), does not entitle you to a refund.
12. Transfer by you
This clause applies where you have booked a tour operator package or a VPUK package.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure with full details of the names, addresses and any other required information / evidence of the replacement person(s) and any replacement person(s) satisfy any applicable conditions relevant to the holiday (for example, children’s ages must be in the same range).
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with the following amendment fees must be paid before the transfer can be effected. Any overdue balance payment must also be received. For flight inclusive bookings, the charges levied by the airline concerned must be paid. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight and no refund will be available for the original flight booking.
The transferor or transferee must pay the following minimum amendment fees (per person transferring) in advance:
• Over 30 days before departure: £16
• Between 30 and 21 days before departure: £40
• Between 20 and 8 days before departure: £77
• Up to 7 days before departure: £100
The transferor and the transferee will be jointly liable for payment of any balance due, and for payment of any additional costs caused by the transfer.
In all cases where additional costs are payable to effect a transfer (for example, non-changeable flight ticket, etc.), either the transferor or transferee must pay VPUK the full amount concerned. Personal insurance is not under any circumstances refundable or transferable.
13. Insurance
We consider adequate travel insurance to be essential. Please ensure that you have a valid travel insurance policy for the countries you will be travelling to or through. It is essential that all members of the party are covered by the policy (in case of families) or have their own policy. Details of policies which may be available to purchase are shown on our website. You must ensure you read all conditions and information applicable to any policy you purchase.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
14. Force majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, "force majeure". In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, closure of airspace or airports, volcanic activity, fire and all similar events outside our control.
15. Complaints and problems
Before making your booking, it is up to you to find out about any local events, such as carnivals, religious festivals, national holidays, etc. which could affect the smooth running of your holiday. No claim regarding such matters may be made against VPUK subsequently.
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the supplier of the service(s) in question and our / the tour operator’s local representative or agent (where applicable). Any verbal notification must be put in writing and given to the supplier and representative / agent (where applicable) as soon as possible. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 30 days of the end of your holiday giving your booking reference and full details of your complaint. Only the party leader should write to us. Any claim must be made individually (one per booking). We cannot accept collective claims or petitions. Please send any correspondence to: Customer Services, Voyage Prive UK Ltd,Ground Floor, 1 Waterhouse Square, Office Suite R10,London, EC1N 2ST,UK
Where we act as agent, we will pass your complaint or claim to the relevant accommodation provider or tour operator who may deal with it directly. Any assistance we offer in resolving any such complaint is provided without any liability on our part.
For any VPUK package, we cannot accept liability if you fail to notify any complaint or claim entirely in accordance with this clause except where the claim involves death, personal injury or illness caused by our negligence.
Acknowledgement of receipt of your communication, and that it is being duly processed by the relevant department, will be sent to you within a maximum of 14 days. In most cases the final response will depend on how soon a response is received from the accommodation provider / tour operator / supplier in question. We will provide you with a full response within 28 days or, if this is not possible, a detailed explanation for the delay. No claim or request for reconsideration will be accepted by telephone. A written communication must be sent to the relevant department in order that the claim can be re-examined. You must bear the costs of informing us of your dissatisfaction. Our offices are not open to the public and any claim must be in written form.
In the event of the loss of or damage to your baggage during transportation by air, before submitting any claim to our after-sales department, you must contact the airline:
• informing it of the loss or damage to your baggage before you leave the airport; and
• sending it a declaration. You must attach the originals of the following documents: the flight ticket, a declaration of loss and baggage check-in coupon.
You must also obtain a copy of the airline’s procedure for notifying loss or damage to baggage and ensure you follow this in all respects including time limits for doing so.
16. Arbitration
If you have a complaint or claim which concerns the acts or omissions of VPUK in relation to the making of your booking (where VPUK acts as agent) or which is connected with your contract (where you have a contract with VPUK) which cannot be amicably settled, this may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com) or from ABTA (for further contact details see clause 6 in section 3). This 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. 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. The application for arbitration and other required document must be received by ABTA within 18 months of the date of return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this.
Please note, the ABTA arbitration scheme and mediation procedure is not available where your complaint or claim relates to the performance of your accommodation only or tour operator package contract or the acts or omissions of the accommodation provider or tour operator unless the accommodation provider or tour operator is also a member of ABTA.
17. Behaviour and damage
You accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the accommodation provider / tour operator / we (as applicable) are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. The accommodation provider / tour operator / we will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and no expenses or costs incurred as a result of the termination will be paid.
18. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not run, supervised, controlled, inspected or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of any contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in section 3, clause 4 of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
19. Photographs
We endeavour to illustrate the services we offer using photographs or illustrations that provide a realistic representation of the services offered. However please note that photographs and illustrations appearing in descriptions are for illustrative purposes only. They are binding only to the extent that they illustrate the type or standard of such services.
20. Passports, visas and health requirements
A full and valid passport is required for most destinations that we feature for all persons travelling (including children who now require their own passport). British citizens require a full British passport. For visa requirements for the destinations we feature as applicable to British citizens holding a full British passport see below. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If anyone travelling is 16 or over and hasn't yet got a passport, they should apply for one at least 6 weeks before travel as the UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel before booking. Most countries require that passports are valid for at least six months after the departure from their country. For countries requiring visas, there should be at least one blank page in the passport to facilitate the visa stamp. Please note that some countries may require two blank pages for entry and departure visas. Some countries require you to be in possession of a return ticket or exit ticket and have sufficient funds, etc. Similarly, certain countries require that the passenger produces evidence of insurance/repatriation cover before it will issue a visa.
For travel to and via the USA and US Virgin Islands, every person travelling (including children) must have a visa unless they qualify for the Visa Waiver Program (VWP). Most British citizens travelling on holiday will qualify for the VWP but please see the important note below. All visitors who are eligible for the VWP must now apply for authorisation to travel to the US in advance in accordance with the Electronic System for Travel Authorization (ESTA). You must complete an online application for authorization to travel on the ESTA website (details below) at least 72 hours before your flight to the US departs but you are recommended to apply earlier. Providing the application is accepted, you will be provided with approval via the website. Approval is usually provided very quickly but can take up to 72 hours if data needs to be checked. You should make a note of the ESTA approval number when you receive it.
It is your responsibility to obtain ESTA approval or a US visa if required. If you fail to obtain authorization to travel through the ESTA website or a US visa in advance of travel, you will not be allowed on your outbound flight to the US. Full cancellation charges will then apply.
The ESTA website can be found at https://esta.cbp.dhs.gov/esta
Important note; Not all British visitors to the USA will qualify for the Visa Waiver Program. You cannot apply for the VWP and will require a visa if you do not have a machine readable passport. All new style, burgundy coloured UK passports are machine readable. You will also need to apply for a visa if you have ever been arrested (even if you were not convicted of an offence) or have a criminal record of any description. Other exemptions also apply. If you are in any doubt as to whether you may require a visa, please contact the US Embassy, Consular Information Unit, 24 Grosvenor Square, London W1A 1AE or visit the website www.usembassy.org.uk before making your booking. Further information on entry requirements for the USA is available at http://travel.state.gov. Authorisation to travel under ESTA does not guarantee entry into the United States; that decision rests with the immigration official at the point of entry in the same way that travelers currently entering the U.S. under the Visa Waiver Program or with a visa are subject to inspection. Warning: If your passport has ever been reported lost or stolen to the authorities and then recovered, please do not attempt to use it for travel to the United States. If you input the passport details into ESTA, your application will be denied.
You must check entry requirements at the time of booking and in good time before departure as requirements may change.
Single parents and adults who are not a child’s parents (including grandparents) travelling with children without their parents should be aware that some countries require documentary evidence of parental responsibility or permission before allowing lone parents / other accompanying non parent adults to enter the country or, in some cases, before permitting the children to leave the country. VPUK will not accept bookings for any unaccompanied children. VPUK cannot be held liable in the event that, despite this restriction, an unaccompanied minor is booked for a holiday without its knowledge.
You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers, when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.
Details of any compulsory health requirements applicable to British citizens for your holiday are shown on our website. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org Information on health is also contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure.
21. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.fco.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
22. Flights
a. Banned carriers
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which you are not offered a suitable alternative the provisions of section 3, clause 3 will apply where you have booked a VPUK package.
b. Airline conditions
The conditions governing the provision of air transport are determined by the airlines. Changes to times and routes, stop-overs, changes of airport, delays, missed connections, flight cancellations, are part of the constraints that are specific to air transport. Most of the time they are due to crowded air space at certain periods, to compliance with the air traffic control regulations, and to passenger handling delays at airports, the aim being to ensure passenger safety.
c. Direct / non direct flights and stopovers
Direct flights may be “non stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same) whether or not this involves a change of crew, of which we will not be informed. The same applies to connecting flights that may be subject to crew changes. When you book a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. We will not be able to reimburse you for these costs, nor will we be liable if you miss the second flight.
The airport name, when the town in question has a number of airports, will be specified, though this may be subject to subsequent alteration.
d. Flight timings
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on our website and/or detailed on your confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets / e-tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched. We will contact you as soon as possible if this occurs. In addition, we would recommend that you regularly consult your e-mail and your telephone messages up to the point of departure, even if you have already received your travel documents.
e. Changes
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying the normal applicable charges except where specified in these conditions.
f. Special conditions applying to charter and low cost flights
In addition to the conditions mentioned above, charter and low cost flights are subject to the special conditions described below. Any seat on a charter flight which is not used by you, for either the outward or return journey, is not subject to reimbursement, even in the event of a date alteration. If, on your own initiative, you decide to switch from a charter or low cost flight to a scheduled flight, you will have to pay the full amount for such tickets at the current tariff.
g. Failure to check in
Failure to check in for a flight on the outward journey (charter or scheduled flight) will automatically result in cancellation of the return flight by the airline. We would encourage you to contact us on the date of departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline.
h. Flight connections
If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.).
If you organise your own connecting transport with the arrangements booked with us, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. You are also advised not to make any important appointments for the day following your return date.
VPUK cannot accept responsibility for the consequences of delays (such as a cancelled flight) in the context of connecting transport organised by you.
i. The return
You may be required to re-confirm your return flight locally with the airline within 72 hours prior to the envisaged date of departure. For package holidays this formality is generally performed by the local representative or agent. Where applicable, if you fail to do so, your seat cannot be guaranteed by the airline, which has the right to allocate your seat to someone else. In addition, this procedure also gives you the opportunity to confirm the times of your return flight which may have been altered in the meantime.
j. Loss of air tickets
If you lose your air ticket or if your ticket is stolen, you must make a special declaration to the police and to the airline, and guarantee your return, at your own expense, by buying another ticket from the airline. All the consequences resulting from the loss of an air ticket must be borne by you. However, at the airline’s discretion, you may apply for a refund. Your application for a refund should be accompanied by all the relevant, original documents (ticket stubs, boarding cards, etc.).
k. Luggage
Each airline has its own policy regarding luggage. More often than not the maximum weight permitted is 15 kg on charter and low cost flights (these airlines typically have an extra charge for luggage) , and 20 kg on scheduled flights. If you exceed this limit, and if the excess is permitted, you must pay a supplement direct to the airline at the airport. The airline is liable to you, for the baggage you entrust to it, only for the compensation contemplated in the applicable international convention.
In the event of damage, late forwarding, theft or loss of luggage, you should contact the airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration.
It is recommended that you take out an insurance policy covering the full value of your possessions.
l. Babies and infants
Babies (up to 2 years of age) do not occupy a seat; the price of the ticket is generally 10% of the official rate.
On certain scheduled flights children (from 2 to 11 years of age) may be granted a reduction.
m. Pregnant women
Airlines may sometimes not permit pregnant women to fly when they are of the view that, because of the stage of pregnancy in question, there is a risk of giving birth during the flight.
23. Denied Boarding Regulations
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by email to passengercomplaints@caa.co.uk or see www.caa.co.uk - Referring Your Complaint to the CAA.
24. Website / advertising material accuracy
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
25. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. You must take all sensible precautions to protect your own safety and wellbeing while you are on holiday. Please ensure you are familiar with the layout of your hotel or other accommodation and in particular the location of fire exits, escape routes and alarms as soon as possible after arrival. Children of all ages should be appropriately supervised at all times given local safety standards may be very different to those found in the UK, particularly in the vicinity of swimming pools and balconies which present inherent risks. Balconies may not be enclosed in a way which would prevent a child or adult falling from them. Swimming pools may not have regular or reliable depth markings and may contain unexpected and unmarked changes of depth. Swimming pool surrounds may be slippery when wet. You must personally familiarise yourself with the depth of the pool and any hazards it contains. The pool should be checked before every use and any apparent defects immediately reported. You must not enter any pool after drinking any alcohol, even a moderate amount, or when it is closed and must not dive into it except into any area which is specifically designated as suitable for diving and then only after you have personally checked the depth.
Section 2 —
Terms which additionally apply where you book accommodation only or a tour operator package.
Section 3 —
1. Your contract Your
contract will be with Voyage Prive UK Limited. We both agree that English law
(and no other) will apply to your contract and to any dispute, claim or other
matter of any description which arises between us (“claim”) (except as set out
below). We both also agree that any claim (and whether or not involving any
personal injury) must be dealt with by the ABTA arbitration scheme (where
available for the claim in question – see clause 16 in section 1) or by the
Courts of England and Wales only unless, in the case of Court proceedings, you
live in Scotland or Northern Ireland. In this case, proceedings must either be
brought in the Courts of your home country or those of England and Wales. If
proceedings are brought in Scotland or Northern Ireland, you may choose to have
your contract and any claim governed by the law of Scotland/Northern Ireland as
applicable (but if you do not so choose, English law will apply). 2. The cost of your holiday We
reserve the right to make changes to and correct errors in advertised prices at
any time before your holiday is confirmed. We will advise you of any error of
which we are aware and of the then applicable price at the time of booking. 3. Changes and cancellation by us Occasionally,
we have to make changes to and correct errors in advertised details both before
and after bookings have been confirmed and cancel confirmed bookings. Whilst we
always endeavour to avoid changes and cancellations, we must reserve the right
to do so. Period before departure a significant change or
cancellation is notified to you Compensation per person (excluding infants) More
than 56 days Nil 42 to
56 days 28 to
14 days £40 14 to 7
days £80 7 days
or less £100
Once the price of your chosen holiday has been confirmed at the time of
booking, then subject to the correction of errors, we will only increase or
decrease the price in the following circumstances. Price increases or decreases
after booking will be passed on by way of a surcharge or refund. A surcharge or
refund (as applicable) will be payable, subject to the conditions set out in
this clause, in the event of any change in our transportation costs or in dues,
taxes or fees payable for services such as landing taxes or embarkation or
disembarkation fees at ports or airports or in the exchange rates which have
been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of any increase in our costs
exceeds 2% of the total cost of your holiday (excluding insurance premiums and
any amendment charges) will we levy a surcharge. If any surcharge is greater
than 10% of the cost of your holiday (excluding insurance premiums and any
amendment charges), you will be entitled to cancel your booking and receive a
full refund of all monies you have paid to us (except for any amendment
charges) or alternatively purchase another available holiday from us at the
applicable price (paying or receiving a refund in respect of any price
difference).
You have 7 days from the issue date printed on the surcharge invoice to tell us
if you want to cancel or purchase another holiday (where you have the right to
do so as set out above). If you do not tell us that you wish to choose either
of these options within this period of time, we are entitled to assume that you
do not wish to do so and will pay the surcharge. Any surcharge must be paid
with the balance of the cost of the holiday or within 14 days of the issue date
printed on the surcharge invoice, whichever is the later. See below for
surcharges of £15 or less per person.
Please note that arrangements are not always purchased in local currency and
some apparent changes have no impact on the price of your holiday due to
contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the
total cost of your holiday as set out above. Where a refund is due, we will pay
you the full amount of the decrease in our costs.
We promise not to levy a surcharge within 30 days of departure. No refund will
be payable during this period either.
If any surcharge is £15 or less per person (where you are not entitled to
cancel or purchase an alternative holiday as a result of the surcharge as
above), the charge will be automatically made against your debit / credit card straight
away (unless you have only paid a deposit and the surcharge is notified before
the date the balance of the holiday cost is payable in which case it will be added
to and will be payable with the balance) and a corresponding message will be
sent to you.
Most changes are minor. Occasionally, we have to make a “significant change”. A
significant change is a change made before departure which, taking account of
the information you give us at the time of booking and which we can reasonably
be expected to know, we can reasonably expect to have a major effect on your
VPUK package. Significant changes are likely to include the following changes
when made before departure; a change of accommodation to that of a lower
official classification or standard for the whole or a major part of the time
you are away, a change of accommodation area for the whole or a major part of
the time you are away, a change of outward departure time of 12 or more hours,
a change of UK departure point to one which is more inconvenient for you and,
in the case of tours, a significant change of itinerary missing out one or more
major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as
possible. If there is time to do so before departure, we will offer you the
choice of the following options:
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing an alternative VPUK package from us, of a similar standard to
that originally booked if available. You must pay the applicable price of any
such VPUK package. This will mean your paying more if it is more expensive or
receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a
full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a
minor one. A change of flight time of less than 12 hours, airline (except as
specified in clause 22), type of aircraft (if advised) or destination airport
will all be treated as minor changes.
If we have to make a significant change or cancel we will as a minimum, where
compensation is appropriate, pay you the compensation payments set out in the
table below depending on the circumstances and when the significant change or
cancellation is notified to you subject to the following exceptions.
Compensation will not be payable and no liability beyond offering the above
mentioned choices can be accepted where (1) 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 or (2) we have to cancel because the minimum number of bookings necessary
for us to operate your VPUK package has not been reached (see above). No
compensation will be payable and the above options will not be available if we
cancel as a result of your failure to comply with any requirement of these
booking conditions entitling us to cancel (such as paying on time) or where a
change is a minor one.
Very rarely, we may be forced by "force majeure" (see clause 14) to change or terminate your VPUK package after departure but before the scheduled end of your time away. This is extremely unlikely but 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 any compensation or meet any costs or expenses you incur as a result.
4. Our liability to you
- We promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
- We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
- 'force majeure' as defined in clause 14 above
- Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 18 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
- The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 4 (1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
- Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected unless a lower limitation applies to your claim under this clause or clause 4(6) or 4(7) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
- For all claims which do not involve death or personal injury (other than those referred to in clause 4(5), if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 4(7) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
- Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, or rail carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 protocol with effect from 31 December 2012)and COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
- Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses (including without limitation self employed loss of earnings).
5. 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. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions (see clause 4(6) above). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
6. Your financial protection
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 10170). When you buy an ATOL protected air inclusive 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. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (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 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).
*The flight inclusive holidays we arrange are
ATOL protected providing they are made available in the UK. For further information,
visit the ATOL website at www.atol.org.uk.
7. Delay
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in clause 14 of these booking conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
Gift Cards
The Voyage Privé Gift Card is valid for 1 year from the date of purchase. It can only be used on the Voyage Privé [name of country] site and not as a mean of payment in our partner hotels. To use the gift card you must be a member of Voyage Privé.
You can pay a trip with several gift cards. You can also combine gift cards with other Voyage Privé vouchers. If the total amount of your trip is greater than the amount of the gift card, the supplement must be paid by credit card.
The full amount of the gift card must be used in one booking. If the amount of the gift card is greater than the total amount of the booking, the remaining balance will be credited to your account. The gift card has no cash value. The gift card cannot be exchanged or refunded even partially, and cannot give rise to any change back. It is not replaced or refunded if lost, stolen or expired.
A Gift Card cannot be bought using another gift card.
Updated: October 2012
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