TERMS & CONDITIONS – CONTRACT
Essence of the Caribbean is a trading name of Prestige World Destination Marketing Ltd. These booking terms and conditions govern all bookings that you make with Prestige World Destination Marketing Ltd whose registered office is at 3 Copenhagen Gardens, London. W4 5NN. They vary depending on whether you make a booking with us for a flight only or a Package, accommodation only or other separate holiday arrangements, (“Individual Components”). A “package” is a combination of Flight as one component and at least one of the following: – (i) transport (ii) accommodation (iii) another tourist service, providing those two or more components are sold to you at the same time at an inclusive price with full payment being made to the Company. Anything else (e.g. air tickets only, air tickets and accommodation booked at different times or a cruise only) constitutes “other holiday arrangements” or “Individual Components”, If you book Individual Components with us, we will make the booking as an agent for the relevant supplier(s) (e.g. the airline or hotel supplier) and your contract will be subject to the supplier’s own terms and conditions which could limit or exclude liability to you, often in accordance with international conventions. Copies of the supplier’s terms and the international conventions are available on request.No contract will come into existence between us until we accept your booking and we receive your payment in cleared funds and issue a confirmation invoice. We reserve the right to refuse, at our sole discretion, any booking. For online bookings, the contract will come into existence upon acceptance of the booking conditions presented at the end of the booking process and once we have received your full payment in cleared funds.When you make a booking, you confirm that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking. Booking services with the company are currently only available to persons who are at least 18 years old. By submitting a booking you warrant and confirm to us that you comply with those arrangements. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
All contracts with the Company and all matters arising from them are subject to English law and to the exclusive jurisdiction of the courts of England and Wales. All services offered are subject to availability.
YOUR FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked with us and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 10803 for Prestige World Destination Marketing Ltd. If you book other holiday arrangements the financial protection referred to above does not apply.
DATA PROTECTION POLICY
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address, and any special needs/dietary requirements, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We 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 and immigration if required by them, or as required by 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 pass any information on to 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 or religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot proceed with your booking. In making this booking, you consent to this information being passed on to the relevant authorities.
BOOKING YOUR TRAVEL ARRANGEMENTS
Bookings made by Telephone: If you make a booking by telephone you must provide us with all information which we require. You must also ensure that all information which you provide is accurate and that the credit or debit card you are using is your own or, subject to our agreement, if it is a third party’s you have their express authorization to use their credit or debit card and that sufficient funds are available to cover the cost of the arrangements which you book with us.
If we accept your booking, we shall debit payment from you and send you a confirmation invoice. From this point cancellation charges will apply: Please note that a telephone booking confirmation is as firmly confirmed as if it were made/confirmed in writing immediately. As soon as you receive the confirmation, please check the details carefully and inform us immediately, the very same day of the booking if anything appears to be incorrect as it may not be possible to make changes later.
Bookings Made Online: If you book online, you must provide us with all information which we require. You must also ensure that the credit or debit card you are using is your own (or, subject to our agreement, if it is a third party’s you have their express authorization, to use their credit or debit card) and that sufficient funds are available to cover the cost of the arrangements which you book with us.
When we receive and accept your booking we will send you a confirmation e-mail and invoice and debit payment from you. We do not make any representation or warranty as to the availability of any package holiday, flight or Individual Components nor that our booking services are free from infection of viruses or anything else that has a contaminating or destructive effect on your property.
Deposit: No booking will be confirmed unless the required deposit has been received by the Company. Deposits are non refundable. Fares are not guaranteed until full payment has been received.
Balance: Pay the balance by the due date shown on the confirmation invoice. Please note for some telephone bookings full payment may be required IMMEDIATELY at the time of booking i.e. before you receive our confirmation invoice. If this applies you will be advised when the booking is made. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your holiday/flights and still leave you liable to pay cancellation charges.
Where an extra “booking charge” applies this will have been advised at the time of booking. All credit card payments are subject to a surcharge of 2.5%, debit cards carry no charge. All cheque payments require 7 days to clear. Until full payment has been received the price of your booking may increase as a result of fuel or other surcharges which may be imposed by suppliers. Please note we do not accept responsibility for cash sent by courier or post, even if sent by registered or recorded delivery post or any other special delivery. If you are travelling immediately (same day of booking or within three days of booking) and you do not meet the credit/debit card security measures, we may ask you to pay cash directly into our Bank Account.
Should your flight be cancelled your rights and remedies will be governed by the airline’s conditions of carriage. As a result you may be entitled to: (a) Carriage on another flight with the same airline without additional costs; (b) Re-routing to your destination with another carrier without additional costs; (c) Receiving a full refund; or (d) Some other right or remedy. If a schedule change occurs to your itinerary prior to our receipt from you of the full price, or prior to the issue of your tickets (on either the outbound or return flight) we will do our best to notify you on behalf of the carrier. Should a schedule change occur to your itinerary after full balance/ticket issue, on both the outbound or return flights the relevant supplier’s decision will be final and amendment charges may apply.
CHANGES & CANCELLATION BY YOU:
If you wish to change any item – other than increasing the number of persons in your party – and providing we can accommodate the change, you will have to pay an amendment fee per person. These fees can vary greatly and will be advised at the time changes are made. All changes must be confirmed to us in writing. Please be aware that some travel arrangements cannot be changed once a reservation has been processed and therefore amendment charges could be as great as the total cost of your holiday. Certain travel arrangements (e.g. restricted fare tickets) cannot be changed or cancelled after a reservation has been made and any alteration will incur a 100% cancellation charge. Days before departure Cancellation Charge: 56 days or more: Forfeit deposit, 55-43 days: 30% of total., 42-29 days: 60% of total., 8-16 days:75% of total., 15-3 days: 90% of total ,Within 2 days: 100% of total Cancellation prior to departure.
Should you or any member of your party be forced to cancel your holiday prior to departure, we must be notified in writing by the person who made the booking and who is therefore responsible for the payment of the cancellation charges CANCELLATION AFTER TICKET ISSUE: will result in loss of 100% of total cost of all travel arrangements in most cases. Please consult your reservation adviser.
CHARTER FLIGHTS carry a 100% cancellation fee both before and after ticket issue.
Airline Ticket Refunds: Many airline tickets are paid for in full at the time of booking and are not refundable if you cancel. We will tell you at the time of booking. In respect of any alteration to an APEX ticket or certain other special fare tickets, some suppliers (particularly airlines) may treat a name change as a cancellation and as such will not refund any monies. Where an outbound portion of your flight coupon is not used the return sector will be automatically cancelled by the airline and no automatic right to a refund exists for such part-used tickets. All other partly used tickets are normally non-refundable and cancellations made within 24 hours of departure are non-refundable.
Air tickets returned to us for a refund are subject to an administration charge of £50 per ticket, irrespective of the number of tickets returned and you will be required to pay a per ticket cancellation charge imposed by the airline or the consolidator pursuant to their terms and conditions. There is no automatic right to a refund and, when you return an air ticket to us, we will arrange for it to be presented to the respective airline or consolidator to assess eligibility for a possible refund in accordance with the relevant airline’s or consolidator’s terms and conditions. We recommend that you return such air tickets to us by special delivery post as we do not accept responsibility for documents mislaid or lost by the Royal Mail.
If a recoverable air ticket refund is less than the above administration charge, the ticket will be deemed to be fully non-refundable. An administration fee of £50 per ticket will be levied on any non-refundable ticket where a tax refund application is made by us at your request and on your behalf. If the recoverable tax components for your ticket are less than the administration charge the ticket will be deemed to be fully non-refundable. Refunds will not be paid to you until they have been received by us from the relevant airline or consolidator. In the case of airline ticket refunds this is normally 6-8 weeks from the point the tickets are submitted for consideration to the airline Cancellation and changes by the Company.
It is unlikely that we will have to make any changes to your travel arrangements however occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us; if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause, except where the reason for the cancellation is circumstances amounting to force majeure (see clause).
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Any changes to the actual airline will be notified. Essence of the Caribbean is the trading name of Prestige World Destination Marketing Ltd. Holidays that include air travel, which you arrange with us are ATOL protected notified to you as soon as possible. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
Period before departure within which notice of Cancellation or major change is notified to you Credit/compensation per full paying passengers (excluding infants)* More than 56 days : NIL, 43-56 days £ 10., 29-42 days £ 20., 8-28 days £ 30., 0-7 days £ 40.
* For children invoiced at reduced rates, credit/compensation will be paid on a pro rata basis of the adult rate.
We accept no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond our control, such as war or threat of war, civil strife, industrial dispute including air traffic control disputes, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions, epidemic, technical problems with transport, closure or congestion of airports or ports, cancellations of schedules by scheduled airlines. You can check the current position of any country by telephoning the Foreign and Commonwealth Office’s Travel Advice Unit on 0845 850 2829.
All fares and other information are subject to availability. Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined below or if you amend you’re booking. While every effort is made to avoid surcharges, the right is reserved to pass on any cost increase levied by the suppliers. No surcharge will ever be levied for air tickets after we have received full payment in cleared funds and tickets have been issued. (b) “Packages”: Prices may only be changed to reflect government action, increase in transportation costs (e.g. airfares and cost of fuel), changes in dues and taxes (including VAT) or fees payable for services (e.g. landing taxes or embarkation/disembarkation fees at ports and airports) or to reflect fluctuations in exchange rates. In the case of an increase in cost the Company will absorb an amount equivalent to 2% of the invoice price (excluding insurance premiums and amendment charges) and you will be asked to pay the remainder. In the case of a decrease in cost of over 2% of invoice cost, a refund will be paid to you.” Complaints and Claims if you incur any problems during your trip, it is essential that you bring them to the attention of the supplier and our agent or staff as soon as it occurs to give us a chance to investigate and rectify. If the problem cannot be rectified, you must contact us, in writing, within 28 days of your return. If you do not raise the matter during your trip, this will affect any later claim you may make.
FLIGHTS & FLIGHT TRAVEL DOCUMENTS
Please note that a flight described in your flight ticket as “direct” will not necessarily be non-stop. All departure/arrival times on your flight ticket are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. We are unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline concerned. In relation to flights, an infant must be under 2 years of age on the date of their return flight to be entitled to the infant fare level which is usually 10% of IATA’s published fare.
Please note that where a sector of a flight itinerary is not utilized without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred. In accordance with EU regulations 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 http://ec.europa.eu/transport/index_en.htm. We reserve the right to change the airline in the event that the airline is blacklisted under the EU regulations. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
TRAVEL DOCUMENTS CHECKING & DESPATCH
it is your responsibility to check that all travel documents issued are correct. The address for all documentation will be that given at the time of booking. Documents will normally be dispatched approx 21 days before departure. For bookings made within 14 days of departure it may be necessary for you to collect your air tickets at the airport at an extra charge. Any other vouchers will be posted/faxed to you direct. Scheduled airline tickets are sent by Royal Mail first class post. In the event of ticket loss or delay, it will be your responsibility to pay additional expenses incurred by us to arrange and post duplicate tickets. Guaranteed next day delivery can be arranged at additional cost, which can be advised at time of booking. LATE BOOKINGS may also require Special/Courier delivery of documents in which case we will tell you the charges at the time of booking. E-TICKETS Most airlines offer only electronic confirmation of your reservation, or ‘e-ticketing’, on certain routes. If you are travelling on an e-ticket route we can at your request provide you with a paper ticket where permitted. Where you make a request for a paper ticket, an administration fee of £30 per ticket will be levied in addition to any applicable airline charge.
We strongly recommend that you and all members of your party are covered by a policy of travel insurance. If you suffer from any disability or medical condition you must disclose this in advance to the insurance company. All insurance premiums are payable in full at the point of sale and are sold incorporating a 14 day cooling off period after which time some policies may be non-refundable and you should check at the time of purchase. The 14 day cooling off period only applies if you have not departed the UK or made any claim under the insurance policy.
SCHEDULED AIRLINE FAILURE ADMINISTRATION FEE
If you are holding a ticket(s) on an airline which fails due to insolvency and has ceased flying, the money you have paid for your ticket(s) may be lost. As part of the requirements under our ATOL license issued by the Civil Aviation Authority to protect our customers, we undertake to ensure that, should this happen, our customers receive compensation for their loss to the extent referred to below. In the event of a scheduled airline failure as a result of an insolvent winding-up: prior to commencement of a passenger’s trip, all monies paid by the passenger either as a deposit, or as the case may be, as the price for the scheduled airline ticket(s) will be refunded to the passenger in full; or After the passenger’s trip has commenced: the sum equivalent to the price paid for the ticket(s) for such scheduled airline flights forming part of the trip as were cancelled as a direct result of the airline failure will be refunded to the passenger in full; or if the trip is curtailed forthwith upon the airline failure, the cost of direct return transportation to the United Kingdom to a similar standard to that originally booked as part of the trip, such return flight commencing at the point of curtailment of the trip as the direct result of the airline failure.
As a fee for our administering both the claims and/or the repatriation of passengers we will charge each customer a nominal administration fee for this service. This fee forms part of the cost of each airline ticket purchased from us and is not optional. Surcharges Changes in *transportation costs, including the cost of fuel, *dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and *exchange rates, mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, 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 more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
SPECIAL REQUESTS & MEDICAL PROBLEMS
If you have any special requests, please advise us at time of booking. Although we will Endeavour to pass any such requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing at the time of booking giving full details. Regrettably, many overseas destinations do not have even basic facilities required by disabled travellers. If we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking.
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
We cannot be held responsible for continual destination development. We will Endeavour to advise you of any building work that we consider will affect the enjoyment of your holiday. Early Accommodation Check-Out if, for whatever reason, you check-out early from your pre-booked accommodation you are not guaranteed any form of refund for unused nights. The information given to you by hotel staff may be incorrect in respect of refunds. Our contracts are with our suppliers and not hotels/apartments/villas directly and we must adhere to their terms and conditions.
As we act only as a booking agent for the third party suppliers of your Individual Components, we have no liability if they are deficient nor do we have any liability for loss, personal injury or death however incurred unless caused by our negligence.
We reserve the right to record all telephone calls or record them randomly to ensure that our customer service is constantly reviewed.
It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are non-refundable by us.
These booking terms and conditions are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. Additionally your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time.
PASSPORTS, VISA & HEALTH REQUIREMENTS
You are responsible for checking all these items and ensuring your travel documents are in order:
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date position in good time before booking/departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country. You must have a passport which is valid for six months after your intended date of return. You must ensure you have correct visa and health entry requirements for all countries visited including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport. USA note: International travelers who are seeking to travel to the United States under the Visa Waiver Program are now subject to enhanced security requirements. All eligible travelers who wish to travel under the Visa Waiver Program must enquire and apply with the US authorities about the requirements which apply to you before you book.
Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. Health requirements for your holiday destination are outlined at the Department of Health website http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/DH_074297. You can also get health advice by calling NHS Direct at 0845 4647. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Payment for any such damage or loss must be made at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions we expect all clients to have consideration for other people. If in our reasonable opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property, all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on your behalf, in which case the Company’s responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result.
YOUR FINANCIAL PROTECTION
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is 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 the 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).”
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
WE RECOMMEND THAT YOU CHECK YOUR LUGGAGE ALLOWANCE ON TICKETS INVOLVING REGIONAL ADD ONS WITH A DIFFERENT AIRLINE, AS NOT ALL AIRLINES HAVE THE SAME ALLOWANCE.