98 / 100
We want you to enjoy your holiday and would suggest you start
by reading carefully all the information contained within this
brochure, which should then enable you to select the holiday
most suitable for you. When you book a holiday with us, we
both enter into a legally binding contract with obligations on
both of our parts. The conditions set out below define these
obligations.
1. Your Financial Protection:
North America Travel Service,
(hereafter referred to as ‘The Company’) is a division of Kennedy
Travel (Yorkshire) Ltd. We are fully bonded under the Civil
Aviation Authority (CAA) Air Travel Organisers’ Licensing. When
you buy an ATOL protected air holiday from The Company, you
will receive a confirmation invoice and ATOL certificate from us
(or via our authorised agent through which you booked)
confirming your arrangement and your protection under our Air
Travel Organisers’ Licence number 2991. In the unlikely event of
our insolvency, the CAA will ensure that you are not stranded
abroad or will arrange to refund any monies you have paid to us
for an advance booking.
2. Your Holiday Contract:
When you make a booking you
guarantee that you have the authority to accept, and do accept
on behalf of your party, the terms of these booking conditions.
A contract will exist as soon as we issue our confirmation
invoice. This contract is made on the terms of these booking
conditions which are governed by English Law and we both agree
to submit to the jurisdiction of the English Courts at all times.
3. Payment:
A non-refundable deposit of £250 per person
(£150 for a duration of 4 nights or less) is payable at the time of
booking. Should your holiday include components that require
advance deposits, or flight tickets that require immediate
issuance, additional non-refundable deposit payments will be
required and the appropriate amounts will be advised to you at
the time of booking. The Company will then issue its booking
confirmation invoice detailing that your balance is due ten weeks
before departure and, as no reminder will be sent, it is most
important that this date is noted and adhered to. Failure to do so
could result in the cancellation of your holiday and the relevant
cancellation charges as detailed in section 9 would then apply.
If a booking is made within ten weeks of the departure date then
the full amount must be paid at the time of booking.
4. Partial Price Guarantee:
We do not sell ‘pre-packaged’
holidays so at the time of your enquiry we will provide you with
a quotation for your tailor-made holiday based on your chosen
departure date. Once you have confirmed your holiday, the
price will be guaranteed against increases to the components
of your holiday; however, any increases in fuel surcharges,
government taxes and fees plus exchange rate fluctuations
mean that the price of your travel arrangements may change
after you have booked. We will not however make any changes
TERMS & CONDITIONS
to the pricing within 30 days of your departure. If the increase
amounts to 8% or more of the original holiday cost you will
have the option of cancelling and receiving a full refund of all
monies paid, except for any amendment charges. Should you
decide to cancel, you must exercise your right to do so within
14 days from the issue date printed on your final invoice.
5. Travel Agents:
Your travel agent is there to provide you with
advice and assistance regarding your holiday. Any advice given
to you by your travel agent that is not based upon advice given
by us to the travel agent is the travel agent’s responsibility. We
do not accept liability for any incorrect advice given to you in
these circumstances. Your travel agent will also act to relay
information between both parties and again we will not accept
liability for failure by a travel agent to do this properly. Any
money paid by you to the travel agent is held by them on
behalf of The Company.
6. Documentation:
It is the client’s responsibility to obtain all
necessary passports, visas, health certificates, driving licences
and other documentation required for travelling on holiday. We
will not accept responsibility if you cannot travel because you
have not complied with requirements. The Company will
provide guidance in this area but the client must make
appropriate enquiries with the relevant authorities.
7. Unused Services & Lost Documents:
No refunds will be made
after departure in respect to services included in the holiday price
which are unused by clients. We are unable to assume liability in
respect of any lost or mislaid travel tickets or accompanying
documents. The terms and conditions in this brochure supersede
all other terms and conditions of service providers involved in
your travel arrangements unless otherwise advised.
8. If You Change Your Booking:
If you decide to change your
booking after it has been confirmed, an amendment fee of
£50 per alteration will be charged to cover our costs. Any
amendment will also be subject to any additional costs incurred
through increases in airfares, hotels and other holiday costs the
amendment may involve. Any change in departure date will be
construed as a cancellation of the original booking and
cancellation charges as detailed in section 9 will be applied. If
you change your booking within ten weeks of departure this will
be treated as a cancellation and cancellation charges as detailed
in section 9 will be applied. All requests to amend your booking
must be made in writing by the person who made the original
booking. Changes may not always be possible without a 100%
cancellation penalty.
9. If You Cancel Your Booking:
Should you or any member of
your party wish to cancel your booking once it has been
confirmed then you will be liable to pay cancellation fees.
In certain cases, the price of your holiday is calculated relative
to the number of occupants in a room, or passengers travelling.
If one of these occupants cancels (adults or children), not only
will there be a cancellation charge, but also the remaining
members of your party may have to pay an additional sum. All
cancellation notices must be made in writing by the person who
made the original booking. The amount payable will depend on
when we receive written advice of the cancellation. In some
cases, components of your holiday (e.g a tour, cruise or a stay
over the Christmas period) may carry a higher cancellation
penalty than those set out on this page. In such cases these
penalties will be taken into consideration when calculating
your cancellation charges. Please note that in the case of a
cancellation made after receipt of the travel documents, no
refund can be considered unless all travel documents are
returned to The Company.
Period before departure in which
cancellation notice is received
More than 56-45 44-30 29-23 22-8 7 days
56 days
days days days days or less
Cancellation
All
charge
deposits 50% 70% 80% 90% 100%
No refund for non-appearance. In some cases bookings will be
subject to a 100% penalty, when cancelled at any time after
booking. This would be relative to the components booked
and/or documents issued and, should it be the case, you will be
advised accordingly.
10. If You Change Your Booking Whilst Away:
The Company will not be liable for any alterations to the
booked holiday arrangements made by you whilst away. Should
you wish to make alterations you must do so directly with The
Company. Failure to do this will absolve The Company of all
liability concerning any resultant additional costs, or
cancellation charges.
11. If We Change Your Booking:
On occasion it may be
necessary to change the arrangements you have selected and
we reserve the right to do so at any time. Most of these
changes are minor, such as flight route changes, change in airline
and/or aircraft type, alteration of your outward and/or return
flights by less than 12 hours or change of accommodation to
another of the same standard as determined by the grading
within the Official Hotel Guide, and we undertake to inform
you or your travel agent as soon as is reasonably possible.
A major change is a change to your UK departure airport (except
between Heathrow and Gatwick), a change to your resort area
or a move to a lower category hotel as determined by the
gradings within the Official Hotel Guide. When we are obliged
to make a major change to your holiday arrangements, you will
have the following options: (a) accepting the changed
arrangements as notified to you, (b) purchasing another available
holiday from The Company. If it is more expensive you will have
to pay the difference but if it is cheaper, we will refund the
98
Booking Conditions