Your contract is made with Sun N Sea (London) Ltd (Company No. 5582571, TTA Membership No. U4121, ATOL No. T7252) whose registered office is at Unit 7, The Flyers Way, Westerham, Kent, TN16 1DE.
These booking conditions have been formulated as a result of our responsibilities under law. They do not affect your statutory rights.
Your Holiday Contract
When you agree to a booking, you agree that you have the authority to accept and do accept these booking conditions on behalf of yourself and all persons in your party. You must be at least 18 years old to make a booking with us. A contract begins to exist when we accept any moneys from you towards the booking or upon the issue of your Confirmation/Invoice, whichever is earlier. It is important that you check this carefully to confirm that it matches what you booked. We are not liable for inaccuracies in booking information that isn’t drawn to our attention within a reasonable amount of time after the invoice date. These conditions in conjunction with any extra information than the information set out on our website form the entire agreement between you and ourselves. Any advice/information given to you by your travel agent or advisor that is inconsistent with our website and these conditions will not form part of your contract with ourselves.
We hold an Air Travel Organiser’s License number T7252 issued by the Civil Aviation Authority which provides for your financial protection and, if applicable, repatriation, in the event of our insolvency. We are also members of the Travel Trust Association (TTA), membership number U4121. These Booking Conditions and this website comply with their code of conduct for tour operators.
Making a Booking
When you make a booking with us and we accept it, you must immediately pay a deposit together with any applicable insurance premium, this figure includes a £2.75 Safe Seat financial protection premium which is non refundable and may include a £2.55 Supplier failure protection which covers non-atol flights in the even of failure which is also non-refundable. A confirmation/Invoice will then be sent to you or your travel agent setting out the balance due which must be paid no later than twelve weeks prior to departure. If we agree to a lower deposit amount than the required amount, you are still required to pay the full deposit upon cancellation of your holiday.
Payment may be made by cheque, debit or credit card. Credit card payments are subject to a handling fee. If you are departing within two months, then the total holiday cost including any insurance premium is payable in full upon booking. If the deposit is not paid on time, we reserve the right to cancel your travel arrangements. If the balance is not paid on time, we shall retain your deposit and reserve the right to cancel your travel arrangements and levy the cancellation charges set out in Condition 5 below.
Prices are fixed at the time of booking and will generally not be subject to surcharges. The price of your travel arrangements is subject to surcharges for increases in transportation costs (e.g. fuel). Another exception to this is an increase in costs arising as a result of any government action including but not limited to new or increased taxes such as VAT. Even in this case we will absorb an amount equivalent to 2% of the holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged, but, when a surcharge is payable, an administration charge of £5.00 per person together with an amount to cover travel agent’s commission (if applicable) will be added.
If you have to pay more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all moneys paid except for any insurance premiums and amendment charge. Should you decide to cancel because of this, you must exercise your right to do so within fourteen days from the date we advised you or your travel agent of the amount due.
We reserve the right to change our prices at any time before you book including any special offers we may have which may or may not be the same as set out in our publicity material. Prices shown are per person per night. In apartments and studios, prices are based on the number of occupants shown in the price panel. Prices for hotel accommodation are based on 2 adults sharing a room unless otherwise stated.
Whilst we make every effort to ensure the displayed prices are correct, technology sometimes lets us down. Please always check before you confirm your booking that the holiday includes everything you require and is the right price. We promise that once you have confirmed your booking we will not make changes to your price (taxes and fuel surcharges excluded).
Changes by You
If you wish to change your plans in any way and we can accept the change, a charge per person per amendment will apply provided that your instructions are received in writing 2 months or more prior to departure. Thereafter, except as provided by applicable law, cancellation charges, as specified in Condition 5 below, apply. We will try to help you but we cannot guarantee that we will always be able to do this as changes are subject to availability at the time. You will also need to pay any difference in the holiday price that results from such a requested change and any insurance premiums for any new names.
If You Cancel Your Booking
You or any member of your party may cancel your holiday at any time providing that the cancellation is made in writing by the person who made the original booking and is communicated to us either direct or via your travel agent. You will receive a refund of the amount paid (excluding any insurance premiums, and amendment charges and fees payable by us to our suppliers for your holiday) less the cancellation fees specified below. Refunds are made only through the original booking office. If you have to cancel for a reason covered by your insurance policy, you should be able to recover your cancellation charges. The charges are listed in the table below. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only.
|Period before scheduled departure date|
that notice of cancellation is received
|Cancellation charge as a|
percentage of holiday price
|60 days or more||Deposit only*|
|Less than 60 days but 30 days or more||50%|
|Less than 30 days but 15 days or more||75%|
|14 days or less or “no show”||100%|
*If you have been granted a low deposit, this is only for a limited period subject to you not cancelling your holiday. If you cancel your holiday you will be liable to pay the full deposit price.
If We Amend Your Booking
It is unlikely that we will have to amend your booking. Occasionally changes may be made which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date. Flight timings and carriers set out in publicity material are subject to change and all details given to you are for guidance only. Confirmed dates and carriers will be as shown on your ticket. Should a material change become necessary we will inform you as soon as reasonably possible. You may decide whether or not to accept the change although you must let us know by return. A material change is one made to your travel arrangements before departure involving change of departure, arrival airport (other than between airports within the same city airport system), outward or return flights being rescheduled by more than 12 hours, or by substitution of accommodation originally booked with one of a lower grade. If we alter the airline, aircraft type operating your flight or routing this is not a material change and we will be under no obligation to notify you of any such change in advance. If you do not wish to accept a material change, we will give you a full refund. In addition, whether or not you accept a material change prior to departure, we will also give you compensation for the inconvenience as follows:
|Period before scheduled departure date within which|
a major change is notified to you or your travel agent
|60 days or more||Nil|
|Less than 60 days but 30 days or more||£10.00|
|Less than 30 days but 15 days or more||£20.00|
|14 days or less||£30.00|
If We Cancel Your Holiday
We reserve the right in any circumstances to cancel your holiday. However, in no case will we cancel your holiday less than 2 months before the scheduled departure date unless it is for reasons outlined in the Important Note above or for late or non-payment by you. If we have to cancel your holiday (for reasons other than those beyond our control or for late or non-payment by you), we will offer you either: (i) an alternative holiday of comparable type, though if the alternative offered is at an additional cost, the difference will be payable by you and any “No Surcharge Guarantee” on the original booking will not apply, or (ii) a full refund of all moneys paid. In either case, this will be the only recompense due to you.
We accept responsibility for the negligent acts and/or omissions of our employees, agents, sub-contractors and suppliers while acting within the scope of or in the course of their employment with us and for any deficiencies in the services we are contractually obliged to provide or the failure of such services to reach a reasonable standard. In any such case our liability shall be limited to a maximum of twice the original holiday cost. We do not accept responsibility in respect of death, bodily injury or illness of any person taking one of our holidays except when caused by the negligent acts and/or omissions of our employees, agents, sub-contractors and suppliers while acting Booking Conditions 2006/2007 page 4 of 5 within the scope of or in the course of their employment agency contract of supply or sub-contract, although where the services in question consist of carriage by air, by sea or rail or the provision of accommodation, the limit of our liability shall be as provided for under applicable law and/or international convention. We cannot accept liability in the following circumstances: If you or any member of your party is at fault. If the failure is the fault of someone else not connected with providing the services that make up the holiday that we have confirmed to you. Any unusual or unexpected circumstances beyond our control, which we could not have avoided even if we had used all care possible. Any event, which we or the supplier of any service could not help, expect, or prevent.
Where travel and health documents are necessary to comply with the requirements of any country you may wish to visit, then it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon us then you shall reimburse us accordingly. You must ensure by consulting your own doctor if necessary of specific precautions deemed prudent for the country/resort you intend to visit and the appropriate medications/inoculations complied with.
Conditions of Carriage/Accommodation
We are neither a carrier nor a provider of accommodation. Each journey (whether undertaken or not) that you book by land, sea or air is governed by the conditions of the carrier undertaking to provide that carriage. The liabilities of air and sea carriers are generally subject to and governed by one or more of the following conventions: Warsaw Convention, Montreal Convention, Hague Protocol or Athens Convention, and also the EC Regulatory Notice 889/2002. We rely on the terms and limitations contained in these conventions. The provisions of the above conventions and protocols’ concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your holiday, and of the prevailing convention(s), if you request them. It is your own responsibility to reconfirm the onward or return sectors of any air journey with the carrier concerned in such carrier’s duly authorized agents and according to such carrier’s regulations. When you book accommodation (whether provided or not) its availability by provision is subject to the “house rules” of the hotel or other accommodation providing or undertaking to provide such accommodation.
delays are inevitable. Sun N Sea are not directly responsible for flight timings and as of such, we will not personally offer compensation for such occurrences. Cover against delays is included in most holiday insurance packages which should be purchased before your departure.
Termination of Holiday due to behavior
We reserve the right in our absolute discretion to terminate your holiday arrangements without notice should your behavior be such that it is likely in our opinion to cause distress, damage, annoyance or danger to any other person. In such circumstances, no refund or compensation will be due to you. If you or any member of your party willfully, recklessly or negligently damage any accommodation, property or person, or causes delay to or diversion of any flight or other means of transport, you agree to compensate us for any loss we may suffer, including legal costs.
No refund will be due to you in respect of non-utilisation of any part of the travel arrangements made for you.
We cannot stress enough the importance of your taking out adequate holiday insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, loss or damage to luggage and personal liability claims against you. Should you elect not to effect suitable travel insurance cover despite this advice, then you undertake on behalf of yourselves and all members of your party to indemnify both ourselves and our overseas agents and representatives (as applicable) for any costs that arise which would otherwise have been met had such insurance cover been taken out.
All of our holidays include a ‘Safe Seat Insurance’. This does not qualify as personal travel insurance and only insures your holiday financially in the instance of Sun N Sea Holidays being unable to fulfill the contract of your holiday.
We do our very best to ensure that your travel arrangements go according to plan. However, if you have a complaint arising out of what we have agreed to provide for you, please let us know at the earliest opportunity, if necessary by calling our UK office from wherever you may be. If a problem arises during your holiday, it is important that you advise the supplier and/or our representative at the earliest opportunity who will endeavor to put things right. If your complaint cannot be resolved locally you should advise us within 28 days of the incident, in writing, giving your original booking reference number and all other relevant information. Your letter will be given prompt attention. If you fail to follow this simple procedure, we cannot accept responsibility as we would have been deprived of the opportunity to investigate the matter and hopefully rectify any problems.
This contract between us and these booking conditions are governed by and construed in accordance with English Law. Both parties agree to submit to the exclusive jurisdiction of the Courts of England, Scotland and Wales.
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