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Travel Vietnam is a member of Holiday Direct Limited.
Your booking contract is with Holiday Direct Limited.
1. Your contract with 'Holiday Direct Limited'
– ATOL holder (6858)
2. Making a booking
3. Prices
4. Changes by You
5. If you cancel your booking
6. If we amend your booking
7. If we cancel your booking
8. Our Liability
9. Documentation
10. Conditions of carriage/accommodation
11. Contact
12. Unused services
13. Insurance
14. Complaints
15. Applicable law
1. Your Contract with Holiday Direct Limited
– ATOL holder (6858)
When you make a booking with 'Holiday Direct Limited'
you undertake that you have the authority to accept
and do accept these booking conditions on behalf of
yourself and your party. A contract will exist upon
our accepting any monies from you towards the booking,
or upon the issue of our Confirmation/Invoice, whichever
is the earlier. These conditions in conjunction with
the information set out in our published literature
or website form the entire agreement between yourself
and ourselves.
2. Making a Booking
When you or your travel agent makes a booking with
'Holiday Direct Limited' and we accept it, you must
immediately pay a deposit of £150 per person
or 25% whichever is greater in respect of the services
supplied by 'Holiday Direct Limited'. PLEASE NOTE:
payment for airfares (subject to the ticketing deadline)
and travel insurance may also be due in full at the
time of booking.
After we receive your deposit a Confirmation/Invoice
will then be sent to you or your travel agent setting
out the balance due. This balance must be paid no
later than 12 weeks prior to departure. If you are
departing within 12 weeks then the total cost of the
holiday is payable in full when the booking is made.
If the deposit is not paid on time then we reserve
the right to cancel your arrangements with 'Holiday
Direct Limited'.
If the balance is not paid on time we shall retain
your deposit and reserve the right to cancel your
arrangements with 'Holiday Direct Limited' and levy
the cancellation charges set out in clause 5 below.
Any monies you pay to Holiday Direct Limited are held
by the company at all times.
You are not covered by ATOL when tickets for scheduled
flights are sent to you within 24 hours of payment
being accepted, or where your payment is made direct
to airlines.
3. Prices
Prices are fixed at the time of booking and generally
will not be subject to surcharges. The only exception
to this will be an increase in our costs arising as
a result of any government action including but not
limited to new or increased taxes such as VAT. When
a surcharge is payable an administration charge of
£2.50 per person together with an amount to
cover travel agents commission (if applicable) will
be added. If this means that you have to pay more
than 20% of the original booking price you will be
entitled to a full refund of all monies paid in respect
of your overland tour booking with 'Holiday Direct
Limited' except an amendment charge.
Should you decide to cancel because of this then 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
from time to time have which may not be the same as
set out in our publicity material.
4. Changes by You
If you wish to change your booking with 'Holiday Direct
Limited' in any way, and we can accept the change,
a charge of £25.00 per person per amendment
will apply provided that your instructions in writing
are received two months or more prior to departure.
Thereafter, except as provided by applicable law,
cancellation charges, as specified in clause 5 below,
apply.
5. If you cancel your booking
You or any member of your party may cancel your booking
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 amendment charge) less the cancellation
fees specified below. Refunds are made only through
the original booking office:
Period
before Scheduled Departure Date that Notice
of Cancellation is Received |
Cancellation
Charge as % of Booking Price |
|
84 days or more |
Deposit |
|
30 - 83 days |
50% |
|
15 - 29 days |
75% |
|
14 days or less, or 'no-show' |
100% |
6. If we amend your booking
Due to the nature of our holidays it may be necessary
for us to make changes to your itinerary, 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 of any changes. 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 will be as shown on your ticket and/or
tour voucher.
We are not aircraft operators and only act as agents
for the airlines. Should an airline make a material
change to your travel arrangements then we will endeavor
where possible to accommodate those changes. If this
involves an extra cost then you will be invoiced for
this cost. If it is not possible to accommodate changes
that occur because of a changed airline itinerary
then providing your original departure date is more
than 6 weeks from the date of notification of the
change then we will cancel the contract and provide
you with a full refund for our part of the services.
Refunds for air tickets are subject to the rule laid
out by the airline.
The following paragraph in italics is an indication
of how an airline may describe a material change although
this wording and meaning may differ from airline to
airline and operator to operator. This paragraph in
no way forms part of your contract with 'Holiday Direct
Limited'
‘A material change is one made to your travel arrangements
before departure involving change of departure or
arrival airport (other than between airports within
the same city airport system. Heathrow, Gatwick, London
City, Luton and Stansted are all considered part of
the same airport system) outward or return flights
being re-scheduled by more than 12 hours or by substitution
of accommodation originally booked with one of a lower
grade.’
The remainder of this document forms part of your
contract with 'Holiday Direct Limited'
As we do not control the day-to-day management of
your accommodation, it is possible that we may be
advised that the reserved accommodation may not be
suitable or available to you upon arrival at your
destination. If this happens, we will endeavor to
provide accommodation of at least the same standard
in the same resort area. If only accommodation of
a lower standard is available then we will refund
the difference between the accommodation booked and
that available together with compensation of £15.00
per person for any inconvenience.
IMPORTANT NOTICE: We are not responsible for changes
which arise as a result of events outside of our control,
such as technical or maintenance problems with means
of transportation, changes imposed by re-scheduling
or cancellation of flights by an airline or main chartered,
war or threat of war, civil strike, industrial disputes,
natural disasters, bad weather or terrorist activity.
7. If we cancel your booking
We reserve the right in any circumstance to cancel
your booking. However, in no case will we cancel your
booking less than 8 weeks prior to departure unless
it is for reasons outside of our control or for late
or non-payment by you.
If we have to cancel your booking (other than for
late or non-payment by you) you will have a choice
of taking an alternative holiday, (where this is of
a lower price we will refund the difference to you,
however, if the holiday is of a higher price you will
be expected to pay the difference) or canceling the
contract in which case a full refund will be paid
to you. Occasionally we will have to cancel a trip
due to under booking. If a tour is cancelled due to
under booking then we will inform you no later than
8 weeks prior to departure.
8. Our liability
(i) Our obligations, and those of our suppliers providing
any service or facility involved in any part of your
Holiday or Excursion, are to take reasonable skill
and care to arrange for the provision of such services
and facilities and, where we or our supplier is actually
providing the service or facility, to provide them
with reasonable skill and care. Compliance with any
applicable regulatory requirements (such as, for example,
those of the Civil Aviation Authority) will be proper
performance of our, and our suppliers', obligations.
You must show that reasonable skill and care has not
been used if you wish to make any claim.
(ii) For claims which do not involve death or personal
injury, we accept liability, subject to paragraph
(i) above and (iv) below, should any part of your
Holiday or Excursion not be as described in the brochure
or elsewhere by us before you leave the U.K. If we
accept liability, we will, subject to paragraphs (v)
and (vi) below, pay you reasonable compensation in
accordance with English law. However, the maximum
we will pay you in any circumstances is twice the
price of the original Holiday or Excursion cost. This
maximum will only be payable when every aspect of
your Holiday or Excursion has gone wrong and you have
not received any benefit from your Holiday or Excursion.
Any sums received by you from suppliers, such as from
airlines due to the Denied Boarding Regulations 1992
(in this case sums paid by the airline constitute
the full amount of your entitlement to compensation
for all matters flowing from the airline's actions),
will be deducted from any sum paid to you as compensation
by us.
(iii) For claims which involve death or personal injury
as a result of an activity forming part of your Holiday
or Excursion, we accept liability subject to paragraph
(i) above and (iv) below. If we accept liability,
we will, subject to paragraphs (v), (vi) and (vii)
below, pay you reasonable compensation in accordance
with English law.
(iv) We accept liability in accordance with paragraphs
(i), (ii) and (iii) above and subject to paragraphs
(v), (vi) and (vii) below except where the cause of
the failure in your Holiday or Excursion or any death
or personal injury you may suffer is not due to any
fault on our part or that of our servants, agents
or suppliers, and is either attributable to you, or
attributable to someone unconnected with the Holiday
or Excursion and is unforeseeable or unavoidable,
or due to unusual or unforeseeable circumstances beyond
our control, the consequences of which could not have
been avoided even if all due care had been exercised,
or an event which neither we, nor our servants, agents
or suppliers could have foreseen or forestalled.
(v) Where a claim (whether for personal injury or
non personal injury) arises out of loss or damage
suffered during the course of air travel, rail travel,
sea travel, road travel or hotel accommodation, the
amount of compensation you will receive will be limited
in accordance with and/or in an identical manner to
the provisions of any relevant International Conventions,
namely the Warsaw Convention 1929 (including as amended
by the Hague Protocol) the Berne Convention 1961,
the Athens Convention 1974, the Geneva Convention
1973 and the Paris Convention 1962. You can get copies
of the relevant conventions if you ask us. For the
avoidance of doubt, this means that we are to be regarded
as having all benefit of any limitations of compensation
contained in any of these Conventions or any other
international conventions applicable to your Holiday
or Excursion.
(vi) You are obliged to assist us in recovering from
any third party any sum which may compensate us for
any sums we pay you. In particular, you are obliged
to assign to us any rights that you may have against
any other person whose acts or omissions have caused
or contributed to our legal liability to pay you compensation.
You must also provide us with all assistance we may
reasonably require. Finally, you must follow the procedures
for the notification of complaints set out in the
clause below entitled "Complaints".
(vii) Should you become ill while on Holiday, you
must, in addition to reporting your illness to our
representative, consult a local doctor and also consult
your GP upon your return to the UK. Should you then
wish to make a claim against us as a result of that
illness, you must provide us with details of both
the local doctor whom you saw and your GP, together
with written authority for us to obtain a medical
report from both those doctors.
(viii) If you or any member of your party suffers
illness, injury or death, through misadventure, as
a result of any activity which does not form part
of your contracted Holiday or Excursion arrangements,
we will provide you with all reasonable assistance.
This assistance may include our making a contribution
towards your initial legal costs in taking action
against the person(s) responsible providing you request
this within 90 days of the incident in question. All
assistance (financial or otherwise) is subject to
our reasonable discretion and a maximum total cost
to us of £1500 per booking form. If you are
entitled to have any costs and expenses arising from
such an incident met by or from any insurance policy
or if you obtain a costs order against anyone in relation
to the incident, you must repay to us the costs and
expenses we spend in assisting you.
(ix) Other than as set out above, and as is detailed
elsewhere in these booking conditions, we shall have
no legal liability whatsoever to you for any loss,
damage, personal injury or death which you suffer
arising directly or indirectly from any aspect of
your Holiday or Excursion.
9. Documentation
Where travel and health documents are necessary to
comply with the requirements of the 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 any 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 medication/inoculations are complied
with.
10. 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.
Some of these conditions limit or exclude liability
and are often the subject of international agreements.
Copies of the applicable agreements are available
for inspection at the offices of the carrier concerned.
It is your own responsibility to re-confirm the onward
or return sectors of any air journey with the carrier
concerned or such carrier's duly authorized agents
and according to such carrier's regulations. When
you book accommodation (whether provided or not) its
availability or provision is subject to the 'house
rules' of the hotel or other accommodation providing
or undertaking to provide such accommodation.
11. Contact
We reserve the right in our absolute discretion to
terminate your 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.
12. Unused services
No refund will be due to you in respect of non-utilization
of any part of the excursion arrangements made for
you.
13. Insurance
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
14. Complaints
We do our very best to ensure that your holiday 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 telephoning our UK office from wherever
you may be. If a problem arises during your Holiday
or Excursion 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 problem.
15. Applicable law
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 and Wales.
ATOL Protection extends primarily to customers who
book and pay in the United Kingdom.
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