ECT Travel Group Holidays - Terms and conditions

Booking Conditions

The following Booking Conditions together with the General Information contained in this leaflet form the basis of your contract with European Connoisseurs Travel. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions “you” means all persons named on the booking (including anyone who is added or substituted at a later date). “We” means European Connoisseurs Travel.

1. Making Your Booking

To make a booking, you must complete our booking form. The first named person on the booking (“the Group Organiser”) must sign this. The party leader must be at least 18 and must be authorised to make the booking on
the basis of these Booking Conditions by all persons in the party. By signing the booking form, the Group Organiser confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The Group Organiser is responsible for making all payments due to us.

The completed and signed Organiser’s Booking Form, together with the completed passenger booking forms, must be sent to us together with the payments referred to in Clause 2 below.

Once we have received your booking form and all appropriate payments, we will, subject to availability, confirm your tour by issuing a confirmation invoice. A binding contract between us comes into existence when we dispatch our confirmation invoice to the Group Organiser.

Contact us immediately if any information, which appears on the confirmation or any other document, appears to be incorrect, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies, of which you should have been aware, in any document, within 10 days of our sending it out. We require a minimum number of persons to operate your tour, as shown on your invoice. Your booking will be held on a provisional basis until the required minimum number has been reached, when a confirmation invoice will be issued. If, by 90 days before the departure, the minimum number has not been reached, a supplement will be charged. Please refer to Clauses 6 & 8.

2. Payments

In order to confirm your chosen tour, a deposit payment per person, as specified in our promotional leaflet (or full payment if a booking is made within 8 weeks of the departure date), must be paid at the time of booking. If you wish to purchase our Travel Insurance, all applicable premiums must also be paid in full 8 weeks before your  departure (you must be insured - see Clause 6). We must receive the balance of the tour cost not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. Itineraries will not be sent unless full payment is received. If we do not receive all payments due in full and on time, including any surcharge where applicable, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in Clause 5 will be payable.

3. The Cost of Your Tour and Price Variation

We reserve the right to increase or decrease the prices of unsold tours at any time. The price of your chosen tour will be confirmed at the time of booking.

Once confirmed, subject to the correction of errors, the price of your tour will not be increased except in the event of a price variation as detailed below.

We reserve the right to vary the price of your tour in relation to changes in transportation costs, including the costs of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, or the exchange rates applied to the particular tour. We will not vary the price of your tour less than 30 days before your departure date.

If the variations occur before that time, we will absorb and you will not be charged for any increase equivalent to an amount up to 2% of the invoice cost of your tour, which excludes insurance premiums and amendment charges.

For variations greater than 2%, we will still absorb the first 2% in the case of increases and you will be charged for the amount over and above that but we will not retain the 2% if a refund is due to you. Where a surcharge or refund is payable, there will be an administration fee of £15.00.

If we impose a surcharge which means that you have to pay an increase of more than 10% of the price of your tour, you will have the option of accepting a change to another tour, 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 your tour with a full refund of all monies paid to us except for any premium paid for insurance and amendment charges.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel for this reason. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. A surcharge will not be levied within 30 days of departure date.

We reserve the right to correct errors in advertised prices at any time before your booking is confirmed. We will do so as soon as we become aware of the error. As changes and errors occasionally occur you must check the price of your chosen tour at the time of booking. After confirmation, we will only seek to correct an error in the confirmed price if, in our reasonable opinion, you knew or must have known an error had been made. If the correction is a significant one, you will have the option of cancelling your tour and receiving a full refund of all monies paid to us. If you do not want to accept the revised price you must advise us in writing of this within 7 days of our notifying you of the correction. We regret we cannot pay any compensation, expenses or costs.
Please also refer to Clause 7.

4. Changes by You and Administration Charges

Should you wish to make any changes to your confirmed tour, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £15 per booking will be payable, together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Should any cheques issued to us in payment of any services be returned unpaid by our bank, any charges levied by our bankers will be passed on to you.

5. Cancellation by You

Should you or any member of your party need to cancel your chosen tour once it has been confirmed, the Group Organiser must advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation by the person(s) to whom they apply.

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance
company concerned.

If a member of the group is unavoidably prevented from travelling his/her place may be transferred to another person provided that this is not less than 14 days prior to the departure date and the transferee meets any
conditions which may apply to the package. Travel Insurance premiums paid are non transferable or refundable. The right to transfer is subject to payment of an administration fee of £15.00 per person to cover our administration expenses (plus appropriate holiday travel insurance premium, if applicable) together with any additional charges of whatever sort imposed by suppliers providing the component parts of the tour. These charges will be the joint responsibility of both the transferor and transferee.

However, if within 30 days of departure, the tour numbers fall below the minimum number, this will be deemed to be cancellation by you and this shall result in the whole tour being cancelled. The appropriate cancellation charges, as set out in Clause 5, will be applied to those person(s) in the group who have cancelled their bookings within 30 days leading to the tour being cancelled. Those persons who were still booked on the tour at the time of cancellation will receive a refund of the tour costs already paid. However, no compensation will be paid if a tour has to be cancelled because the minimum number has not been reached.

6. Insurance

It is a condition of our acceptance of your booking that you have adequate travel insurance. Details of the policy we offer are shown on a separate leaflet. If you decide not to purchase this insurance, you must attach details of your alternative policy (insurer, policy number and emergency telephone number) when completing this booking form. If you fail to do so, we will add the appropriate premiums for the personal travel insurance we offer to your confirmation invoice. These premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full.

Please read the policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. Important: Please pay special attention to the clause covering delay and cancellation. We do not check alternative insurance policies. Please be aware that your alternative insurance policy may exclude cover for loss caused by adverse weather conditions.

7. Changes and Cancellation by Us

We start planning our tour programme many months in advance. Occasionally, we have to make changes to and correct errors in leaflets and other details before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. We promise we will not cancel your tour 30 days or less before departure unless (i) we are forced to as a result of force majeure as defined in Clause 8 below (ii) you have defaulted in payment or (iii) the minimum number of persons necessary for us to run your tour has not been reached and the supplement has not been paid (in this case we will notify you no later than 90 days before departure), please refer to Clause 5. We will not make a significant change less than 14 days before departure unless we are forced to as a result of force majeure as defined in Clause 8 below. When we refer to a “significant change” in these Booking Conditions, we mean one that is made before departure which materially affects your confirmed arrangements (on the basis of the
information we have). Such changes will include a change to your departure point, a significant change to your destination or, where a booking is made from our named hotel programme, a change of hotel to
a lower official classification or standard. If we have to make a “significant change” or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of
the following options

(a) (for “significant changes”) accepting the changed arrangements or (b) purchasing an alternative tour from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference, but if it is more expensive we will ask you to pay the difference) or
(c) cancelling or accepting the cancellation, in which case you will receive a full and quick refund of all monies you have paid to us*

Please note, the above options are not available where any change made is a minor one. *We cannot refund any insurance premiums that have not been purchased from European Connoisseurs Travel.

If we have to make a significant change 14 days or less before departure or cancel 30 days or less before departure, we will pay you compensation subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where

(1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care and attention; or

(2) we have to cancel because the minimum number of persons necessary for us to operate your tour has not been reached – in this case we will notify you no later than 90 days before departure. No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time). Compensation is paid on the basis of £10.00 per person if a
“significant change’’ or cancellation is notified to you 14 days or less before departure. In all cases, our liability for “significant changes’’ and cancellations is limited offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes.

Very rarely, we may be forced by “force majeure” (see Clause 8) to change or terminate your tour after departure but before the scheduled end of your time away. 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), pay you any compensation or meet any costs or expenses you incur as a result.

8. Force Majeure

We regret we cannot accept liability or pay compensation, reimburse expenses or cover losses where the performance or prompt performance of our contractual obligations is prevented or affected by “force majeure”.
In these Booking Conditions, “force majeure” means any event that we or the supplier of service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil
strife, terrorist activity, industrial dispute, natural or nuclear disaster, airport closures, adverse weather conditions (actual or threatened), fire, change to Foreign Office advice to advise against travel to your destination,
building or significant work ongoing outside of your accommodation and all similar events outside our control.

9. Our Liability to You

(i) Our obligations and those of our suppliers providing any service or facility involved in your tour, 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) and compliance with local standards (see Clause 19) will be proper performance of our, and our suppliers’, obligations.

(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraphs (i) above and (iv) below, should any part of your tour not be as described in the brochure. If we accept liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances (excluding any insurance premiums or
amendment charges). Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 2004 (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. See Clause 10 below.

(iii) For claims which involve death or personal injury as a result of an activity forming part of your tour, we accept liability subject to paragraphs (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) and (vii) below, pay you reasonable compensation.

(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure in your tour 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 someone unconnected with the trip 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. If any International Convention applies to or governs any of the services or facilities included in your tour arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation
payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded).
International Conventions in respect of:
(a) international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question.
Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When
making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.

(b) travel by sea include the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) (“the Athens Convention”).

(c) rail travel include the COTIF Convention concerning International Carriage by Rail 1980 (as amended).

(d) carriage by road include the Geneva Convention 1973.

(e) hotels include the Paris Convention 1962. Any applicable Protocols or amendments shall apply to all such
International Conventions. 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 trip.

(vi) It should be noted that our acceptance of liability in paragraphs (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your tour or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in Clause 11 below relating to complaints.

(vii) Other than as set out above, and as is detailed elsewhere in these Bookings 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 tour. You must also tell us and the supplier concerned about your claim or complaint as set out in Clause 13 below.

10. Delay

For a delay of 12 hours or more you may be entitled to compensation of £20 per person, (please refer to our insurance policy for details). Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is
denied by any air carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to the Denied Boarding
Regulations from the air carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the air carrier's actions and which fall within the
scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the air carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a
complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.

11. Complaints and Problems

In the unlikely event that you have any reason to complain or experience any problems with your tour whilst away, you must immediately inform our Tour Manager and the supplier of the service(s) in question. Any verbal
notification must be put in writing by the Group Organiser on your behalf and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, and in order that any complaints can be dealt with quickly and efficiently, the Group Organiser must write to us on your behalf and on behalf of any other member of the group affected by the same complaint, within 14 days of your return. All complaints will be dealt with via the Group Organiser, unless we agree otherwise with you or the Group Organiser, in writing. For all complaints and claims, which do not involve personal injury, illness or death, we regret we cannot accept liability in
respect of claims received after this period or if they have not been reported to our Tour Manager.

12. Behaviour

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner, manager or other supplier. If you fail to do so, you will be responsible for meeting 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 reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the tour of the  person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. ALCOHOL AND SMOKING IS STRICTLY PROHIBITED ON OUR COACHES.

13. Conditions of Suppliers

Independent suppliers provide many of the services that make up your tour. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or
exclude the suppliers’ liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

14. Special Requests and Medical Conditions

Although we endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your Confirmation or any other documentation, is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, ie, any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your tour, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline/cancel their reservation.

15. Disabled Travelers and Passengers with Reduced Mobility

We cannot be held responsible and will not compensate you if you fail to tell us about special needs/requirements that will affect your holiday experience. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and any enquiries or concerns regarding travel for disabled persons should be addressed to:

The Operations Director
European Connoisseurs Travel Ltd
33a James Street West,
Bath
BA1 2BT

For further assistance please contact us on 01225 469 508. If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor’s certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.

The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any
disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note that if special arrangements need to be made for you an extra charge may have to be levied.

If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise you to contact us directly or your travel agent before making your reservation. This will enable your travel agent to
confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.

16. Passports, Visas and Health Requirements

A full British passport is required for all our tours and presently takes approximately 10 weeks to obtain. Requirements may change and you must check the up to date position in good time before departure. Visas
for UK passport holders are not required. For information on health please refer to the DSS leaflet T6 (Health Advice for Travelers) obtainable from your local Department of Health office and most Post Offices. For
European tours it is recommended to obtain an EHIC card (which replaced the E111 card in Jan 2006), together with personal Travel Insurance. – see Clause 6).

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British Citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

17. Financial Security

In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992, all travel and accommodation monies received are placed in a holding Trust Account, which is independently monitored and policed by an Independent Trustee.

The Trust Account ensures that if European Connoisseurs Travel Limited cannot meet its liabilities, the Trustee can use the funds in the Trust Account to refund monies to clients who have not yet travelled, or to repatriate them as necessary.

When you buy an ATOL protected air package or flight from European Connoisseurs Travel Limited you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s License number W6545. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website.

18. Brochure Accuracy

Please note the information and prices shown in our leaflets and on ourwebsite may have changed by the time you come to book your chosen arrangements. Whilst every effort is made to ensure accuracy at the time of printing, regrettably errors do occasionally occur. You must, therefore, ensure you check all details of your chosen tour (including the price) with us at the time of booking.

19. Safety Standard

Please note, it is the requirements and standards of the country in which any services which make up your tour, which apply to those services and not those of the UK. As a general rule, these requirements and standards
will not be the same as the UK and may be lower.

20. Hotels

We describe the hotels as accurately as we can and we also make inspection visits to the hotels to satisfy ourselves that standards and facilities are maintained as described in the hotel brochure. Facilities vary in how many double bedded rooms are available. If doubles are unavailable, a twin bedded room will be offered, which is 2 single beds next to each other. Larger rooms for 3-4 persons may not always be available and can vary in size. A triple room will have either a double bed and a single bed, or three single beds, or the room could have an extra bed put into a double room which could be a foldaway bed. Please note that most hotel rooms in Europe may not provide kettles as part of the bedroom facilities.

21. Optional Excursions (Extras)

All optional excursions or extras offered are subject to local conditions i.e. road closures, religious festivals, etc. Timings may need to be altered as a result. Certain excursions may only be operated if a minimum number is
reached.

22. Law & Jurisdiction

Your contract with us and any matters arising from it shall be subject to English law and to the jurisdiction of the Court of England & Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland and
Northern Ireland can deal with any disputes.

www.ecttravel.com
01225 469508 (Operations)
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01225 333747 (Sales)
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30/03/2011

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