BOOKING CONDITIONS
Your contract is with: The Holiday Place Plc, a member ABTA. Cuba Holidays Cubaholidays.co.ukm, Dubai Direct, Dubaiholidays.co.uk, Egypt Direct, Holiday Place, The Cuba Experience, The Holiday Place and The Scuba Place are trading names of The Holiday Place PLC.
The Scuba Place provides diving holidays and learn to dive holidays across the globe. We specialise in tailor-made travel, building itineraries to suit the wants and needs of individuals, buddy-pairs, groups and clubs. The Scuba Place is a trading name of The Holiday Place PLC, ATOL Number 3101.
Registered Offices: The Holiday Place, First Floor North Wing, 105-109 Salusbury Road .London, NW6 6RG, United Kingdom.
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Your holiday contract: When you make a booking you guarantee that you have the authority to accept these booking conditions on behalf of yourself and your party. You will have been alerted to the conditions of this booking at the time of booking and as soon as we issue our confirmation invoice, a contract will exist between you and The Holiday Place Plc. Please check your confirmation invoice carefully and contact us immediately if any details are not correct. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
Financial Protection
Your financial protection: When you buy an ATOL protected flight or flight inclusive package holiday from The Holiday Place Plc you will receive an ATOL certificate from us (or via our authorised agent through which you have booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 3101. The ATOL Certificate lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
The Holiday Place Plc, 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 The Holiday Place plc 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 The Holiday Place Plc, 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.
Website and Brochure
Brochure/website room descriptions and facilities: Photographs and descriptions of hotels and resort facilities are shown in good faith. Room descriptions are supplied by the hoteliers and in some cases we may sometimes refer to suites or deluxe accommodation. These are in general, larger rooms with additional features however this does not necessarily mean that the accommodation comprises more than one room. It is possible that occasionally facilities may be unavailable or limited, due to hotel maintenance, adverse weather conditions or seasonal restrictions etc. We have used all reasonable endeavours to ensure that nothing in our brochure is false or misleading at the time of going to press but reserve the right to change any brochure/website particulars before you book. Where family rooms are available, occasional beds may be used, of the sofa or camp bed type. Please also bear in mind that specific requests made at the time of booking cannot be guaranteed.
Scuba Diving
Diving arrangements made on behalf of clients do not form part of your package holiday, as they are additional arrangements made by us on your behalf as Retail Agents direct with the Dive supplier.
The diving arrangements we make for you are a contract with the Dive Company notified to you and shown on your invoice. The Holiday Place Plc only acts as retail agents for the purposes of arranging the booking on your behalf. Please ensure that your travel insurance company provides adequate cover for persons learning to dive, as well as qualified divers.
The Holiday Place Plc cannot accept responsibility for clients who are unable to dive due to medical or insurance reasons. You will not be able to dive for a minimum of 24 hours prior to flying.
Festivals
Festival attendance arrangements on behalf of our clients do not form part of you package holiday as they are additional arrangements made by us on your behalf direct with the festival organisers. The contract for your festival entry and attendance is with the festival organising company notified to you and shown on your invoice. The Holiday Place Plc cannot accept responsibility for any festival arrangements altered, postponed or cancelled. In the event that the festival event or any element of it is cancelled or changed there will be no refund for any element of your package holiday arranged through The Holiday Place Plc.
Our Agreement with You
Holiday price guarantee: When booking by telephone, our sales consultants will quote to you the price of your package holiday at the time you make your reservation. Once you have paid your deposit, or the full cost of your package holiday and received our confirmation invoice, the cost of your package holiday will not change except as set out below. We reserve the right to raise or lower our prices at any time before you book.
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When booking on line your package holiday requirements and the package holiday price shown on your online summary at the end of the booking process, are subject to confirmation by us, which will be sent by email to your nominated email address by 4pm the first normal working day after your on line booking has been made. The same confirmation terms will also apply to any activities or excursions you have requested in addition to your package holiday arrangements. Once we have confirmed your package holiday reservation by email with a confirmation invoice, the cost of your package holiday will not change except as set out below. We reserve the right to raise or lower our prices at any time before you book.
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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 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 (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. 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.
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We are unable to guarantee any special requests at the time of booking, but will use our best endeavours to obtain any such confirmation of any request prior to departure. The Holiday Place Plc cannot accept any liability for suppliers not complying with special requests, except where such requests have been confirmed in writing by the supplier and a copy of the confirmation has been supplied to you.
Price availability: Our team is constantly working with suppliers to negotiate the lowest and best possible rates for our customers. Whilst we make every effort to ensure that online prices are correct, during peak periods, prices may vary according to availability. This can mean that the price offered to you is lower that listed, it can also mean that the actual cost can be higher than the list price.
Transfers: Transfer times are given as a guide and will be subject to change dependant on road and weather conditions or the number of stops made en route.
Representation: Our local representatives are available to answer any questions that you may have about the resort, book excursions and assist with transfers or any problem you may encounter. A representative may not be based at your hotel and it may be necessary to liaise with our resort office — details will be provided in your ticket wallet.
Terms Regarding Airlines
Flights and flight routings: Most flights operate on time but in the event of a delay we will do our best to arrange for agents of the airline to provide, if practical in the circumstances and given the airport involved, refreshments appropriate to the time of day for delays over 3 hours; overnight accommodation for delays over 12 hours extended beyond midnight subject to local availability and operational suitability. It may also be necessary before departure from the UK or overseas to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons. Where such changes occur, it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used by us may be subject to change. Such change is deemed to be minor change — other examples of minor changes include alterations to your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004. Very rarely, we may be forced by adverse weather conditions (not necessarily at the point of departure) and other “force majeure” situations to terminate your holiday before, at the time of or after the due date or time of departure and/or make alternative arrangements for your return journey. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), or pay you any compensation or meet any costs or expenses you incur as a result. Such a situation should be covered by your travel insurance policy, which you should check before booking your holiday.
Independent travel arrangement: We cannot accept responsibility for independent travel arrangement made within the UK by clients, to reach their airport of departure or indeed their onward journey having arrived back to the UK. Flight timings may also change. Should this occur, and if we are able, we will inform you as soon as we are made aware of any changes to the previously confirmed timings given to us by the airlines.
Pregnancy note: Airline regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel. Normally after 32 weeks permission to travel is refused however airlines have different policies and we would need to check as to whether they would agree to carry you, prior to confirming your holiday. It is imperative that you notify us of your pregnancy at the time of booking or as at such time you become aware.
Payment
Your holiday price: Upon confirmation of your holiday, you must pay a nonrefundable deposit of at least £150 for each named person or the full holiday price if the booking is made within 12 weeks of departure. If you do not pay in full 12 weeks before departure, we reserve the right to cancel your booking with the deposit forfeited and cancellation charges will be applicable. Please note that in certain circumstances it may be necessary to take full payment or a higher deposit at the time of booking for your flight seats or accommodation, in order that we can secure your reservation. This sum will be forfeited if cancellation takes place, after the confirmation has been made. Your holiday price will include the amount of £2.50 per person as part of the ATOL Protection Contribution. We pay this to the CAA. This charge is in addition to our advertised prices.
Our credit card policy: In our constant efforts to fight credit card fraud on the Internet additional documentation may be required if (a) the traveller is not the cardholder (3rd party credit cards); (b) the credit card is not registered in the United Kingdom; or (c) the journey originates outside of the United Kingdom. The following may be requested: (a) to securely make your payment online; (b) provide a copy of credit card both front and back; (c) provide a copy of passport; (d) provide a recent utility bill or credit card statement as proof of address.
Changes or Cancellation by You
Changes made by you: If you wish to alter arrangements after we have accepted your booking, we will do our best to help although this may not always be possible. An amendment fee of £40 per person named on the booking will be charged. If you or another member of your party is prevented from traveling you may, subject to any supplier restrictions, transfer the booking to someone else provided that (a) we receive written notice of your wish to transfer 56 days before departure; (b) the balance of the holiday is paid in full; (c) the administration charge per person is paid PLUS you must agree to pay any charges levied by our suppliers and (d) the transferee meets all the conditions of the holiday you have booked. Certain travel arrangements cannot be changed after reservations have been made and therefore any request for alteration will be treated as a cancellation- details are listed below under Cancellation made by you. All requests for changes made by you will be confirmed subject to our discretion, we reserve the right to refuse any changes.
Cancellation made by you: If you or a member of your party decides to cancel their holiday, you as the person who made the booking must advise us of this in writing. Cancellation charges will apply depending upon when we receive the written notification. If we receive written notification of your intention to cancel, prior to 61 days before departure, your deposit per person will be forfeited. However, from 61 days onwards the following cancellation charges will apply. Insurance premiums paid are non-refundable.
Cancellation charges: Period before departure date within which written notice of cancellation is received and charge as a percentage of total holiday cost (excluding insurance premium):
61 days or more prior to departure : Deposit, and if applicable an additional sum for any arrangements that incur an advanced cost
60 - 42 days prior to departure : 50%, and if applicable an additional sum for any arrangements that incur an advanced cost
41 - 33 days prior to departure : 60%,
32 - 15 days prior to departure : 90%,
14 days prior to departure : 100%
If some but not all party members cancel, additional changes may be payable by the remaining members (e.g. under occupancy). Please note in some circumstances up to 100% cancellation charges will apply from time of booking, including holidays booked at peak periods; we will advise at the time of booking. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to claim these charges.
Changes or Cancellation by Us
Changes made by us before the start of your holiday: We aim not to make any changes to your holiday but arrangements are often made many months in advance with our suppliers over whom we have no direct control and changes may be necessary. Most changes will be minor and although we endeavour to advise you of any minor changes before your holiday, we have no obligation to do so and will not pay any compensation. We will endeavour to inform you of a major change before departure, a major change is defined as a significant change of resort, a change of accommodation to that of a lower official category, a change of your time of departure or return by more than 12 hours or a change of departure airport (except London airports).
In the event of our advising you of a major change before your departure we will provide you with 3 options: (1) Accept the alternative arrangements which we may offer; (2) Purchase another holiday from us, which if more expensive you will have to pay the difference, but if cheaper we will refund the difference or (3) Cancel the holiday and receive a total refund of all monies paid to us. Whichever of the three options is accepted we will also pay you compensation as set out in the table below.
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Compensation: Period before scheduled departure date within which a major change is notified to you and compensation per person:
84 days or more prior to departure : no compensation
83 – 14 days prior to departure : £15
13 days or fewer prior to departure : £30
Important notice: Compensation will not be paid for situations beyond our control which are regarded as Force Majeure. Force Majeure is where we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport. This also applicable to changes by us during your holiday.
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Changes made by us during your holiday: We do not control the day-to-day management of your accommodation and if shortly before departure or on arrival at the resort we are advised that the reserved accommodation is not available we will take all reasonable steps to provide accommodation of the same standard and in the same resort. If only accommodation of a lower standard is available we will refund the difference of price as advertised at the time of booking, between the accommodation booked and the accommodation provided and in addition will pay you £30 compensation per person for any inconvenience.
Cancellation by us: We reserve the right to cancel your holiday although we will only do so in limited circumstances. However, provided we have received full payment (see paying for your holiday), we will not cancel your holiday less than twelve weeks before departure except for reasons beyond our control in which case we will offer you the choice of an alternative holiday if available, or a full refund of all monies paid. In the case of Coach Tours we reserve the right to cancel any tour up to twelve weeks prior to departure as such tours operate subject to minimum numbers. However please note that some tours will continue with a minimum of one passenger. Should we find it necessary to cancel a tour you will be advised at least twelve weeks prior to departure and offered the option of accepting an alternative holiday or a full refund, no compensation payments will be made for cancelled tours.
Our Liability to You
As already stated, The Holiday Place Plc is a member of ABTA, Nos 84059 and V8707, and is licensed by the Civil Aviation Authority ATOL No. 3101 and is fully bonded to protect customer holiday payments and repatriation.
(1) We accept responsibility for ensuring that your package holiday travel arrangements, which you have booked with us, are supplied as described in our brochure or on our website. If part of your package holiday travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your package holiday travel arrangements. Subject to paragraphs (a) and (b), below our liability in all cases shall be limited to the full value of your package holiday travel arrangements.
(2) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents or sub contractors, whilst acting within the scope of, or in the course of their employment in the provision of your package holiday travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law and subject to (3) below.
(3) The amount of compensation to which you are entitled to will be limited in accordance with and /or in an identical manner to:
(a) The contractual terms of the airlines that provides the transportation for your travel arrangements. These terms are incorporated into this contract: and
(b) Any relevant international convention, for example 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 accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these conventions. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices First Floor North Wing , 105-109 Salusbury Road, London NW6 6RG.
(4) 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 published at EU airports and will also be available from airlines. However, reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday costs from The Holiday Place plc. Your right to a refund and or/compensation from us is set out above. If your airline does not comply with these rules you should complain to the CAA on www.caa.co.uk/
Personal injury unconnected with your booked travel arrangements: If you, or any member of your party suffers death, illness or injury whilst overseas, arising out of an activity that does not form part of your package holiday travel arrangements with ourselves, we shall at our discretion offer advice, guidance and assistance. Where legal action is contemplated and you would like our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be subject to you undertaking to assign any costs and/or benefits received under any relevant insurance policy. We limit the cost of our assistance to you and any member of your party to £5000.
Activities outside the package holiday arrangements and excursions: Local excursions or other activities that you may choose to book and pay for before you depart and purchase outside your package holiday arrangements, or you book and pay for whilst you are on holiday, are not part of your package holiday provided for by us, nor are we acting in any capacity save as retail booking agents for the provider of the service. For any excursion or other activity you book through our representative or with which you are assisted in arranging before departure or while on holiday, your contract will solely be with the supplier of the excursion or activity and not with Holiday Place Plc. We are not responsible for the provision of festival events, any pre-booked excursion or activity that happens during the course of its provision by the supplier. Such excursions or activities are supplied subject to the conditions of contract of the actual supplier of the service and in accordance with local law, and we only act as agent in relation to any sale of those services.
Your Responsibility
Passport, visa and immigration requirements: All passengers must be in possession of a FULL passport, valid for at least 6 months beyond the planned return date. In addition to this, visas may be required for some countries. We will give advice wherever possible, however, your specific passport and visa requirements and other immigration requirements are your responsibility, and you should confirm these with the relevant Embassies and/or Consulates. Holders of full British passports can check visa and immigration requirements at www.ips.gov.uk/passport/index.asp, all other passport holders should ask our staff for the relevant Embassy and/or Consulate contact details. Please also ensure you check requirements when travelling with children regarding Birth Certificates and Parental Consent. These requirements can be checked at www.gov.uk/foreign-travel-advice. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Health requirements: It is the responsibility of all passengers to seek advice from appropriate sources with regards to inoculations, vaccinations or medical treatment that may be recommended/required for the country/countries they are visiting. We cannot accept liability for passengers who do not seek advice and are not adequately protected.
Child safety: Should you be travelling with young children, we recommend that you advise us at the time of the booking. The safety of your children is of utmost importance to us, however, we must stress that it is important for you to remain vigilant at all times during your holiday to ensure their safety.
Behaviour: Please note that your holiday arrangements will be terminated by ourselves or our suppliers concerned (e.g. airlines, hotels, tour leaders etc.), if you are behaving in such a way as to cause or be likely to cause danger or distress to others or damage to property. In this situation, The Holiday Place PLC will not be liable to make any refund, pay any compensation or meet any costs or experience you incur as a result of your behaviour. Please note that, at all times you are subject to the laws of the country you are visiting and must respect local cultures and customs.
Lost property: If you discover that you have misplaced any property during your holiday, please contact our Representative in resort, or our UK office, and we will endeavour to assist you in locating the item/s. Please be aware however, that it is your responsibility to ensure that your property is kept safe at all times. The Holiday Place cannot accept liability for any items lost during your holiday.
Overseas standards expectations: We ask you to note that standards in certain overseas countries restaurants, bars and hotel services, are often quite different to those accepted as the “norm” in the UK, especially in third world countries, a fact recognised by seasoned travellers. Do not expect UK standards overseas, expect the relative “norm” found elsewhere at your country of destination and often well explained in many good travel guides.
There can be no monetary compensation in the case of such scenarios or disappointments.
Weather: Some destinations we feature may be affected by weather patterns, such as tropical storms, monsoons, hurricanes, cyclones, typhoons, flooding and also seismic activity causing earthquakes and tidal waves. "Hurricane season" is only one example and affects the Atlantic, the Caribbean and the Gulf of Mexico. This is generally considered to be from June to November. However different weather patterns occur at different times of the year and throughout many destinations across the world. The impact of such adverse weather conditions on destinations can and often does vary.
If a hurricane, tropical storm, or any other natural disaster is forecast for any destinations, we will follow the advice from the Foreign and Commonwealth Office. However, it is impossible to predict their path, how long they will last or the effects such weather conditions may have. Whilst the safety of all our clients is a top priority we do not accept responsibility for disruption to your holiday due to bad or unusual weather conditions.
It is not possible for us to provide detailed information on each destination we feature, as weather advice can frequently change. However we recommend you check the latest FCO Travel Advice for your destination by visiting www.fco.gov.uk/travel for up to date information.
Please refer to meteorological website www.metoffice.gov.uk to view up to date weather and climate information for each destination.
Travel Insurance
We cannot stress enough the importance of taking out adequate holiday insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, personal liability claims against you, loss or damage to luggage. Please ensure that your travel insurance company provides adequate cover for persons learning to dive, as well as qualified divers.
Dealing with complaints
If you have a problem during your holiday please inform the relevant hotel or resort representative immediately, who will then endeavour to rectify your problem. If you are unable to resolve your complaint locally it is imperative that you complete a Customer Report Form, which can be obtained from our local representative. All complaints must be sent by the lead passenger to our Customer Services Department at First Floor North Wing, 105-109 Salusbury Road, London NW6 6RG, within 28 days of your return to the UK giving your booking reference and all other relevant information. Please keep your letter concise and to the point. All complaints are dealt with in writing; we do not deal with complaints over the telephone as it is our policy to hold written records of all communication relating to problems experienced by our clients. It is also a condition of this contract that you have communicated any problem to the supplier of the services in question and our representative while you are in resort. If you fail to follow these simple procedures we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.If any dispute arising out of or in connection with this contract that cannot be amicably settled between us we can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If therefore, we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved
- updated 18 February 2019