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9. Changes or cancellations by the principal
We will inform you as soon as reasonably possible. If the principal offers alternative accommodation or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the principal is entitled to asume you wish to receive a full refund.
10. Responsibility for your booking
10.1 Your contract is with the principal and its booking conditions apply. As agent, we accept no responsibility for the provision of the accommodation by the princpal.
10.2 Our responsibilities are limited to making the booking in line with your instructions. We also do not accept responsibility for any information about the accommodation that we pass on to you in good faith.
However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death of personal injury that arises as a result of our negligence of that of any of our employees whilst acting in the course of their employment.
11. You indemnify us in the event of damage caused by you
Please be aware that the booking conditions of the principal will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Principals will also often require you to pay for any damage you cause to the accommodation. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the principal of any third party as a result.
12. Complaints
Because the contract for your accommodation is between you and the principal, any queries or concerns should be addressed to them via ourselves. If you have a problem whilst on holiday, this must be reported to the principal or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the principal via ourselves. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, see clause 13.
13. ABTA
13.1 We are a member of ABTA, membership number D0670. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes out of, or in connection with this contract.
13.2 The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs.
The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element.
Your request for arbitration must be received by ABTA within 18 months of the date of your return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but 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 mediation. Further information on the Code and ABTA's assistance in resolving disputes can be found on ABTA's website
www.abta.com/home.
14. Privacy and your personal information
The booking information that you provide to us will be passed on only to the relevant principal or other persons necessary for the provision of your accommodation. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information on as above, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
15. Financial protection
Many of the principals that we act for offer protection for your monies. This means that, if in the unlikely event of their insolvency your accommodation cannot be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
If the principal that you have chosen does not offer such protection we may be able to offer suitable insurance cover under the ABTA Protection Plan. Please ask for full details.
16. Law and Jurisdiction
These terms of business are governed by English law and the courts of England and Wales have jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable).
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