Holmes Travel Ltd Terms and Conditions of Booking

BOOKING CONDITIONS

HOLMES TRAVEL LIMITED
TERMS AND CONDITIONS OF BOOKING
1. Conditions of booking
All bookings accepted by Holmes Travel Limited of 42G Barrack Square, Martlesham Heath, Ipswich, Suffolk IP5 3RF, company registration number 1576252 are subject to these terms and conditions. Office hours are 0900-1730 hours Monday-Friday.
2. Booking procedure/payment terms
2.1 Clients should contact Holmes to ensure that the accommodation, flights and other services are available for the dates required.
2.2 Any provisional booking will be held for two days pending receipt of the signed booking form and a deposit of 25% of the total booking cost. A booking is confirmed and contract comes into effect when the booking is confirmed on the computer system or when our confirmation invoice is issued whichever is the sooner. This contract is made on the terms of these booking conditions, which are governed by English law, and the jurisdiction of the English courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
2.3 At the time of confirmation an invoice will be issued showing the balance due. This is payable eight weeks prior to date of departure. Bookings made within 56 days of departure are payable in full at time of booking. It is your responsibility to check the confirmation/invoice carefully and to let Holmes know in the event of any
error.
2.4 The person signing the booking form does so on behalf of all persons named on it and becomes directly responsible to Holmes for the payment of the total holiday price and if applicable and where appropriate, for cancellation charges.
3. Prices
3.1 Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked.
3.2 No price increase shall be made within thirty days of your departure.
3.3 Holmes will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay any more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse the policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
3.4 The price at which the accommodation may be booked will be governed by the lastest price list or special offer from Holmes.
4. Cancellation or alteration
4.1 The client may cancel the holiday booked at any time after it has been confirmed. Cancellation must be in writing by the person who signed the booking form.
4.2 Holmes reserve the right to cancel the holiday if payment has not been received in accordance with clause 2.3 above.
4.3 The following cancellation charges will apply to all holidays cancelled in accordance with clauses 4.1 and 4.2 above:
More than 56 days prior to departure - loss of deposit.
42-56 days - 30% of total cost.
29-41 days - 50% of total cost.
14-28 days - 75% of total cost.
Within 14 days - 100% of total cost.
4.4 Holmes may at its discretion and at a client's request make amendment to a booking. Amendments are governed by availability. A minimum fee of Ł20 per person and any further costs Holmes incur in making this amendment will be charged if the amendment is accepted. All amendments must be confirmed in writing by the person who signed the booking form.
4.5 Once the holiday has been confirmed, Holmes will use its best endeavours to ensure that none of the arrangements has to be altered or cancelled. Where a significant change is made to the holiday or where Holmes cancel the holiday, the client will be entitled to:
a) accept the change, or cancel the holiday and receive a full refund of all monies paid
b) accept the cancellation of the holiday and receive a full refund of all monies paid, or
c) book an alternative, available holiday with Holmes and, where the price of the alternative holiday is less, receive a refund of the difference in price.
In addition to the above, except where the cancellation or significant change is necessitated by circumstances amounting to force majeure, Holmes will additionally pay to the client compensation depending on the length of time before the date of departure that you are notified of the change or cancellation:
0-14 days - Ł25.
15-42 days - Ł20.
More than 42 days - Ł10.
Important note
i) "Force majeure" means circumstances where performance and/or prompt performance of the contract is prevented by reason of war, threat of war, riots, civil strife, industrial dispute affecting employees of any person other than Holmes, terrorist activity and its consequences, natural or nuclear disasters, fire or adverse weather conditions, pandemic or epidemic illness and other similar events beyond Holmes' control.
ii) Examples of "significant change" are change of UK departure airport, resort area, time of departure or return by more than 12 hours or offering accommodation of a lower standard.
4.6 Insurance cover cannot be cancelled once issued and the premium remains payable in full and is excluded from the total holiday price for the purpose of calculating cancellation charges/refunds.
This paragraph may not apply if surcharged more than 10% which is subject to clause 3.3 above.
5. Late arrivals/delays
Holmes cannot accept responsibility for clients

missing aircraft due to the late arrival of connecting flights or late arrival at the airport.
6. Flights
6.1 At time of publication we are not in a position to confirm your airline, aircraft type, or definite timings either of departure or return. Where this information appears in our website, it is intended as a guideline only and is subject to change.
6.2 When you contact Holmes to make a booking, Holmes act as agent for the relevant carrier which will be disclosed on your documentation. Holmes reserve the right to substitute the carrier if necessary. When Holmes have confirmed your booking a contract exists under which Holmes accept responsibility for the provision of all the services described in Holmes invoice subject to clause 9.6 and to the carriers conditions of carriage.
In accordance with EU Directive - (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers that are subject to an operating ban within the EU community. The Community list is available for inspection at web address below*
7. Accommodation
7.1 The accommodation provided is only for the use of persons named by the client on the booking form and subletting, sharing or assigning is prohibited.
7.2 Persons under the age of 18 must be accompanied by an adult.
Sotogrande Villas and Apartments
7.3 All accomodation must be vacated by 10 a.m. on the day of departure.
7.4 Clients will be required to pay a security deposit of Ł500 for villa accommodation or Ł250 for apartment accommodation with the final balance. This will be refunded, after deduction for breakage or telephone use, within 180 days after the end of the holiday.
Other Accommodation
7.5 The standard international practice is to let rooms from midday to midday. However times do vary. Check-in times are usually between 2 p.m. and 3 p.m., check-out times between 10 a.m. and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night's accommodation. Similarly if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management.
8. Complaints
8.1 If during the course of the holiday the client has any reason for complaint or dissatisfaction they must contact the Holmes representive/agent immediately so that remedial action may be taken.
8.2 It will be very difficult for Holmes to deal with any complaints not reported at the destination as a proper investigation will not be possible.
8.3 Any complaints made after the end of the holiday must be made in writing within 28 days of the end of the holiday.
8.4 Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the client so wishes, under a special scheme which, although devised by arrangement with ABTA, is administered quite independently by the Chartered Institute of Arbitrators. 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). The scheme does not apply to claims for an amount greater than Ł5,000 per person. There is also a limit of Ł25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of Ł1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
9. Liability
9.1 Holmes always does its best to make sure that your holiday arrangements are satisfactory.
9.2 Holmes accepts responsibility for ensuring that your travel arrangements, which you book with Holmes, are supplied as described. If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers Holmes will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements subject to the term 9.4. This paragraph does not apply when you suffer personal injury which is subject to the terms and paragraphs 9.3, 9.4, 9.6 and 9.8 below.
9.3 Holmes accepts liability for personal injury or death that you suffer as a result of the negligent acts or omissions of Holmes, its servants or agents under its control or as a result of the negligent acts or omissions of any supplier contracted or sub-contracted to provide services in connection with this holiday. This paragraph is subject to the terms of paragraphs 9.4, 9.6 and 9.8 below.
9.4 Holmes does not accept liability where there has been no fault on behalf of itself, its servants or agents under its control or any of its suppliers and where the event is one which neither Holmes nor its suppliers could have foreseen even if all due care had been exercised.
9.5 Holmes' liability shall be limited to twice the value of the holiday arrangements in respect of compensation not connected with bodily injury.
9.6 Holmes' liability pursuant to clauses 9.2 and 9.3 above shall be subject to any limitations provided by the relevant international conventions e.g. The Montreal Convention in respect of Travel by Air, the Athens Convention in respect of Travel by Sea, the Berne Convention in respect of Travel by Rail and the Paris Convention in respect of the provision of accommodation. These Conventions limit the amount of compensation that you can claim for death, injury or loss of or damage to luggage. You can ask for copies of the Conventions from ourselves.
9.7 Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from Holmes. Your right to a refund and/or compensation from us is set out in clause 4. If any payments to you are due from Holmes, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 or visit website www.auc.org.uk.

9.8 If any payment is made to the client pursuant to the provisions of this clause 9 then if required the client will assign to Holmes any right or rights the client may have against any person or organisation relating to such a claim. If either Holmes or its insurers wish to enforce any such rights which have been assigned or to which it is subrogated then the client agrees to co-operate fully in pursuing such a claim.
9.9 Baggage and personal possessions remain at all times and in all circumstances at the owners' risk.
9.10 No one has authority on Holmes' behalf to make any warranty or representation in connection with the holiday arrangements.
9.11 The conditions imposed by all carriers shall be deemed to have been accepted by the client and are available on request from the carriers or ouselves.
10. Passports, Visas and Driving Licences
Clients are responsible for the provision of all necessary valid documents. Please see
Documents and Health Inoculations
for general information regarding passport and visa requirements. We cannot accept responsibility if you are refused passage on any transport or entry into any country due to the failure on your part to carry the correct documentation. If failure to do so results in fines, surcharges or other financial penalties being imposed on Holmes, you will be responsible for reimbursing Holmes accordingly.
11. Health requirements
Clients are responsible for obtaining the necessary vaccinations and clearance to travel. Please see
Documents and Health Inoculations
for general information regarding inoculations.
12. Insurance
A signed insurance indemnity form is required from clients declining to take the holiday insurance offered by Holmes. The person signing the insurance indemnity form does so on behalf of all persons named on the booking form not taking holiday insurance offered by Holmes.
13. EHIC
Clients travelling in most European countries will require an EHIC European Health Insurance Card. Please see
European Health Care - EHIC.
14. Financial security
14.1 When you buy an ATOL protected flight from Holmes Travel Ltd., you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser's Licence 3498. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
Not all travel services offered and sold by us will be protected by the ATOL scheme. Please ask us to confirm what protection may apply to your booking.
14.2 Scheduled flight only bookings where tickets are sent to you within 24 hours of payment being accepted are not protected in the event of a failure of the airline. Financial Failure Insurance if required can be purchased from ourselves.
14.3 Where no flight is purchased your monies are protected under the ABTA financial protection scheme. Our ABTA Tour Operator number is V8957. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at www.abta.com/heretohelp.shtml.
14.4 Under certain circumstances we will act as an agent for other flight carriers in respect of your flight arrangements and your flights will be subject to their terms and conditions copies of which will be provided to you at the time of booking together with our Agency Terms of Business. In this respect your money will be protected under the ATOL Licence of that company.
15. Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements Holmes need to use the information you provide such as name, address, any special needs/dietary requirements, etc.
Holmes take full responsibility for ensuring that proper security measures are in place to protect your information. Holmes must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. 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.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements.
Please note that British Airways and other airlines are required by new laws introduced in the US and other countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
(If Holmes cannot pass this information to the relevant suppliers, whether in the EEA or not, Holmes cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
You are entitled to a copy of your information held by us. If you would like to see this please contact Holmes. We may make a small charge for providing this to you.
16. Foreign Office Travel Advice
For up-to-date information about your holiday destination from the Foreign and Commonwealth Travel Advice Unit view BBC2 Ceefax, page 470 onwards, or visit website
www.fco.gov.uk/knowbeforeyougo
or by calling 0870 606 0290 or alternatively contact the ABTA Information Department on 0901 201 5050 (calls charged at 50p./minute).
17. Rates of exchange
The price of your travel arrangements are calculated using exchange rates quoted in the "Financial Times Guide to World Currencies" on 02.03.07 in relation to the following currencies: Spain 1.4761 Euros, Morocco 16.4491 Dirham, South Africa 14.458 Rand.
18. Terms and Conditions of Booking issue date
These Terms and Conditions of Booking were issued April 2007 and relate to departures from May 2007 to April 2008.

* Visit website www.europa.eu.int/comm/transport/air/safety/flywell_en.htm for a list of air carriers banned from undertaking operations within the EU.

This site is intended to be viewed in frames. Click here to restore the frame environment.