CLASSIC COACHES CONTINENTAL LTD
BOOKING CONDITIONS AND CONDITIONS OF CARRAIGE 2010
These conditions are a statement of the contract between CLASSIC COACHES/HOLIDAYS and its clients. They are designed to conform to the package travel, Package holidays and package tours regulations 1992 and all monies paid to Classic Holidays, are insured to comply with section 20 of the regulations, by Status Insurance Management. A contract is made when you make a booking and Classic Holidays accepts it by written confirmation, on the terms set out in these Booking Conditions and Conditions of carriage. When signing the booking form for your Tour/Holiday, you will sign on behalf of yourself and the other persons in your party, named on the booking form, that you have read, understood and accepted all the provisions set out in these Booking Conditions and Conditions of Carriage. When a booking is made by telephone, letter or other communication for payment by credit card, the disclosure of the credit card details and number will be deemed to have the same effect and obligation as signing a booking form. Having made the contract, you will, subject to the conditions set out in paragraph 3, be obliged to pay the price of the Tour/Holiday and have certain liabilities, if you wish to alter the holiday, or to cancel it completely. Likewise, Classic Holidays has obligations to provide you with the holiday you have booked, in accordance with the particulars given in the Master Brochure, or, in the event of cancellation by Classic Holidays, to deal with you correctly, in accordance with the relevant provisions set out in these Booking Conditions and Conditions of Carriage. Clients are advised, in accordance with the Data Protection Act 1984, that all details regarding their bookings are or may be held in computer records and that certain information may be disclosed to third parties, such as hotels, ferry companies, etc. All booking are accepted on the basis that clients consent to their personal details being stored in this way.
1.BOOKING AND PAYING FOR YOUR TOUR/HOLIDAY - When making your booking, you must complete a booking form, accepting, on behalf of all members of your party and so named, these booking conditions and conditions of carriage. At this time you must pay the deposit shown in the Master Brochure. Where a booking is for a day tour, or is within 42 days of departure, the full fare, together with all the additional charges , is payable in full, at the time of booking. The final balance of the fare, as shown in your invoice, must reach Classic Holidays at least 42 days before the departure date of your tour/holiday. If the balance is not paid in time, Classic Holidays reserves the right to cancel your holiday, retain your deposit and apply cancellation charges set out in paragraph 3. It is the responsibility of clients to ensure that all information shown on the Confirmation/Final invoice correctly reflects their requirements.
2. TOUR OPERATORS FINANCIAL FAILIURE - All bookings are automatically insured against the tour operators financial failure.
3. CANCELLATION AND CHANGES TO YOUR TOUR/HOLIDAY BOOKING - When Classic Holidays receives your booking, you will be sent a confirmation/Final Invoice, together with details of your Tour/Holiday in a more comprehensive format than is usually possible in brochures, etc. Except where bookings etc. Except where bookings are made less than 42 days before departure, you may, within 7 working days (i.e. excluding Sundays and Bank Holidays) of the date of the confirmation, cancel the booking and contract you have made and all monies you have paid to Classic Holidays will be refunded. However, in this case, you must either deliver or post to Classic Holidays head office written advice that you wish to cancel your Tour/Holiday. Where such advice is posted, the post mark will be taken as evidence of compliance with the 7 day rule. If, after a Confirmation/Final Invoice has been issued and, where appropriate, the 7 day period mentioned above has elapsed, unless the booking was made within 42 days of departure, you wish to change to another Tour/Holiday, or change departure date, or change other details, in connection with the booking you have made, Classic Holidays will do its utmost to make the changes, provided that written notification is sent to Classic Holidays head office by the person who made the booking, not later than the date on which the balance of the original invoice was due for payment. This must be accompanied by a payment of £5 per person to cover administration costs. Any alteration by you, made later than the original balance date, or to booking made within 42 days of departure, will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out below. Other alterations, such as the addition of requests, changes of names, etc, that require a reconfirmation to be issued, must be notified in writing and accompanied by a payment of £5 per person, to cover administration costs. You, or any members of your party, may cancel your Tour/Holiday, at any time, but any such cancellation must be made in writing by the person who made the booking and this written advice must be sent to the head office of Classic Holidays. As costs are incurred when cancellations are made, the following cancellation charges will be applied in all cases.
| (a) Tour/Holidays of more than 24 hours duration |
(b) Tours of less than 24 hours duration |
| More than 28 days before departure - loss of deposit |
More than 2 days before departure - 10% of total cost |
| 14 - 27 days before departure - 40% of total cost |
2 days or less before departure - 100% of total cost |
| 7 - 13 days before departure - 70% of total cost |
|
| 6 days or less before departure - 100% of total cost |
|
N.B. If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges.
4.COMPLAINTS - If you have a complaint during and about your Tour/Holiday, please inform the Coach Driver/Courier, or Classic Holidays representative . They will do their utmost to resolve the problem at once, but, if the matter cannot be put right on the spot, you must give details of your complaint in the holiday questionnaire, which you will be given, during the course of your Tour/Holiday. In addition, on your return, you must write, within 7 working days (i.e. excluding Sundays and Bank Holidays), to CLASSIC COACH HOLIDAYS, CLASSIC HOUSE, MORRISON ROAD, ANNFIELD PLAIN, CO DURHAM DH9 7RX. Failure to establish your complaint immediately, in accordance with the above procedure, may affect the outcome.
5. STATUTORY AUTHORITIES - Brochures are issued, tours/holidays operated and passengers carried in accordance with applicable Acts of Parliament and Government Regulations and Classic Holidays reserves the right to modify itineraries to conform with any request from competent authorities in the United Kingdom and any other country/countries, through which tours/holidays are operated.
6.OTHER TERMS AND CONDITIONS - When you travel on an aircraft, train or ship, the conditions of carriage of that carrier apply and are subject to National and International conditions, which may limit or exclude liability, and Classic Holidays liability will not exceed that of that carrier. Your contract, made under the terms of these Booking Conditions and Conditions of Carriage, is subject to English Law and the jurisdiction of the English Courts. Most coach journeys will be made in vehicles operated by Classic Holidays and the specifications of their vehicles are given in the master brochure. Although it will be avoided whenever possible, certain coach journeys may be operated by vehicles other than those owned by Classic Holidays and the specification may be different to that detailed in the master brochure. For reasons outside Classic Holidays control a vehicle of a different type may be used. The Pubic Service Vehicle (Conduct of Drivers, Conductors and Passengers) Regulations, as amended 1990, apply to all coaches throughout any Tour/Holiday in the United Kingdom.
On a Tour/Holiday you may not:
(a) smoke in any part of a coach
(b) bring a pet or other animal (other than a guide dog in the United Kingdom and Eire and then only by prior arrangement)
(c) play a radio, cassette or CD player on a coach, or anywhere where annoyance may be caused to other clients.
(d) Carry on to or consume alcohol in the seating, gangway/entrance or toilet area of any coach.
Classic Holidays reserves the right to refuse a booking or terminate a clients Tour/Holiday, In the event of unreasonable conduct, which, in the opinion of Classic Holidays, is likely to cause damage, distress, danger or annoyance to other clients, employees, property or any third party. If you are prevented from traveling or continuing your Tour/Holiday by such a termination, Classic Holidays' responsibility for your tour/holiday thereupon ceases. Full cancellation charges will apply and Classic Holidays will be under no obligation for any refund, compensation, or loss which you may incur. You are responsible for ensuring that you are at the correct departure point at the correct time and Classic Holidays cannot be held liable for any loss or expense suffered by clients, because of client's late arrival or non-arrival at any departure point. Where excursions, admission fees to buildings and/or grounds, use of guides, etc, are included in the price of tours/holidays, refunds will not be made to clients not wishing to participate or benefit from the fees paid. Excursions, admission fees to buildings and/or grounds, use of guides, etc, are included in the price of tours/holidays only when specifically stated in the master brochure and, when this is not specifically stated, additional charges will apply.
7. SEATING ALLOCATION - When booking, requests for particular seats can be made on most tours/holidays, but since allocations are made on a first come, first served basis, early booking is advisable. When bookings are made, you will usually be offered the best seats available on the coach at that time. You will generally be conveyed, throughout your Tour/Holiday, in the seat first allocated but it is possible that, for operational reasons, a coach of a different configuration may be used or that the seating allocation must be changed for some other reason and Classic Holidays therefore, reserves the right to alter seating arrangements and allocate seats other than those you have booked, although this will be avoided as far as possible. Classic Holidays will have no liability in relation to any such change of specification. Specific seats will not be allocated on coaches that operate feeder services between joining points and main Tour/Holiday departure points, or on coaches that carry out transfers to and from air and sea ports or on other connecting services.
8. INSURANCE - Classic Holidays requires, as a condition of accepting your booking, that, on all tours/holidays, you have adequate Insurance which is valid throughout the duration of your tour/holiday and is no less comprehensive than Classic Holidays standard holiday Insurance Policy. At the time of booking, you will be asked for details of any suitable Insurance you may have arranged independently, but, where no such details are given, or insurance appears inadequate, Classic Holidays will automatically arrange insurance for you and will add the full cost to your final invoice. Classic Holidays will not be liable for costs arising from your failure to provide adequate insurance.
9. PASSPORTS - For all foreign holidays, you will require a full ten year passport. In some cases, a Visa may be required. If you have any doubts about your status as a resident British subject, or you do not hold a full British Passport, you must check with the Embassies or Consulates of the countries to be visited, to confirm the Passport or Visa requirements needed in your particular circumstances. Application for a ten year passport, or for visas, can often take over three months. Therefore, please ensure you apply to the relevant authority in sufficient time. Classic Holidays will not accept responsibility for inconvenience, financial loss or additional expenditure if clients are not in possession of the correct valid travel documents.
10. HEALTH - Most tours/holidays are unsuitable for clients who are incapable of walking without assistance and Classic Holidays will not be liable for refunds to those who are too infirm to visit the various attractions, etc, encountered during the course of the holidays. Certain countries may require visitors to be inoculated or vaccinated, although, under normal circumstances, this does not apply to most Western European countries. If you are not sure of the health requirements of the countries you are visiting, you are advised to check with your own doctor, before traveling. All passengers on European or Irish holidays are advised to carry a form E111, together with explanatory leaflets SA40 and SA41, which are obtainable from certain post offices.
11. HOLIDAY RESERVATION - As the receipt of enquiries and booking forms is a continuous process and accommodation on certain tours/holidays may be limited and subject to competing demand, no contract is made between Classic Holidays and you at the enquiry stage or when you make a booking. Shortly after your booking I received, a Confirmation/Invoice will be sent to you. The contract is made between you and Classic Holidays when you receive this Confirmation/Invoice.
12. TOUR/HOLIDAY PRICING - United Kingdom Tours/Holidays - the price of your holiday is guaranteed and will not be subject to any surcharges, except those resulting from fuel price increases, Government action and changes in the rate of V.A.T. In all cases, Classic Holidays reserve the right to pass on these amounts in full. Tour/Holiday prices include those items of travel, accommodation, meals, etc, specified in the master brochure Tour/Holiday descriptions, together with Value Added Tax at the current rate of 17.5% where applicable. Other meals, excursions, admissions, etc are not included and some hotels may make a small additional charge for tea/coffee served after lunch or dinner. Gratuities to hotel staff and Couriers/Drivers are discretionary.
Foreign Tours/Holidays (Including Ireland) - the price of your tour/holiday is guaranteed as above, but, as, in addition to Sterling, we use the following currencies in calculating our rates and fares, the prices of foreign tours/holidays will be subject to formal Classicvernment devaluations, which may result in surcharges being payable. In the event that surcharges are payable for foreign tours/holidays, Classic Holidays will absorb an amount equivalent to 2% of the Tour/Holiday price, which excludes insurance premiums and any amendment charges. If, in the case of these tours/holidays, the changes in prices require you to pay more than 10% extra on the original Tour/Holiday price, you will be entitled to cancel your Tour/Holiday, with a full refund of all the money paid, except for any premium paid for Tour/Holiday Insurance and amendment charges. Should you exercise your right to cancel in this way, you must do so within 7 working days (i.e. excluding Sundays and Bank Holidays) of formal notification being issued. Surcharges will not be imposed within 28 days of departure. Tour/Holiday prices for 2006 are based on the equivalent exchange rates to £1 Sterling, as published in The Guardian dated 18/10/2007
| COUNTRY RATE |
|
COUNTRY RATE |
|
| Austria |
Euro 1.43 |
Norway |
Euro 1.43 |
| France |
Euro 1.43 |
Spain |
Euro 1.43 |
| Germany |
Euro 1.43 |
Sweden |
Euro 1.43 |
| Irish Punt |
Euro 1.43 |
Switzerland |
SF 2.31 |
| Italy |
Euro 1.43 |
|
|
| Netherlands |
Euro 1.43 |
|
|
Classic Holidays reserves the right to introduce special offers, including reduction in selling prices, charges for extras, etc, at any time, in order to stimulate demand. Existing bookings, made prior to the introduction of such special offers, will remain at the price contracted with clients and will not be affected by any such special offers.
13.CHANGES TO TOUR/HOLIDAY ARRANGEMENTS - The arrangements for tours/holidays are made many months in advance and changes are sometimes unavoidable. Most of these changes will be minor, but, where they are significant, Classic Holidays will notify you as soon as is reasonably possible before your departure date. A significant change would be regarded as a change in departure date, departure point or resort area, reducing the quality of your main hotel (not single overnight hotels) or a change of tour itinerary, which involves a destination being completely eliminated from the revised itinerary. In the event of a significant change, you may decide to:
(a) continue with the Tour/Holiday as amended or
(b) accept an alternative Tour/Holiday which we may offer you or
© cancel your booking
If you choose (a) or (b), we will pay you compensation on the scale below. If you choose (c), we will refund all monies paid to you, plus compensation on the scale below. No other claims for compensation or expenses will be considered. Period before departure within which a "significant Compensation per person change" is notified to you.
| More than 28 days before departure |
Nil |
| 14 - 27 days before departure |
£10 or 5% of Tour/Holiday price* |
| 7 - 13 days before departure |
£15 or 7.5% of Tour/Holiday price* |
| 6 days or less before departure |
£20 or 10% of Tour/Holiday Price* |
| * In every case lower amount will apply |
|
14.TOUR/HOLIDAY CANCELLATION - We usually require a minimum of 25 clients on tours/holidays to enable them to operate and, if the numbers for a particular Tour/Holiday should fail to reach this figure, the Tour/Holiday may be cancelled. Tours/Holidays may be cancelled as a result of hostilities, political unrest, other circumstances amounting to force majeure and certain events outside the control of Classic Holidays. In the event of cancellation in the circumstances mentioned above, you will be entitled to a full refund of all monies paid to Classic Holidays, together with compensation on the scales detailed in paragraph 12 (above). No other claims for compensation or expenses will be considered. If you have not paid, in full, for your Tour/Holiday by the due date, your Tour/Holiday arrangements will be cancelled and no refunds will be made.
15.COMPLAINTS - All complaints notified to Classic Holidays, In accordance with paragraph 3 (above), are thoroughly investigated and clients are kept informed at each stage of the investigation. Sometimes investigations can takes some time to complete, especially when awaiting response from hoteliers, etc. If the complaint is found to be genuine and of substance, Classic Holidays normally expects to agree an amicable settlement.
16.RESPONSIBILITY - Classic Holidays accepts responsibility for ensuring that all the component parts of your Tour/Holiday, as described in the master brochure, are supplied to you a reasonable standard and this includes any optional excursions, etc, purchased through its employees or agents. If any such part is not provided in the advertised manner, Classic Holidays will pay you reasonable compensation, unless the non-provision was due to circumstances which could not be predicted and which were beyond our control, such as adverse weather, road or traffic conditions, or the matters referred to in paragraph 13. Some amenities (e.g. hotel lifts, swimming pools, etc) require servicing and cleaning and may not therefore be available at all times. Some services may be affected by weather conditions and their availability is entirely at the discretion of the provider of the service. Entertainment (particularly live entertainment) provided by hotels, is frequently subject to demand and its nature and/or frequency may be varied or cancelled if there is a lack of demand or an insufficient number staying in the hotels. Some excursion itineraries include the use of ferries and other forms of transport, which can be affected by inclement weather, and may have to be cancelled or arrangements changed. Wherever possible, a suitable alternative excursion will be offered. The published running times of services are estimates only and Classic Holidays will not be liable for any loss (howsoever caused) arising from delays or failure to operate services in accordance with published timings.
17.PERSONAL INJURY - Classic Holidays has taken all reasonable steps to ensure that proper arrangements have been made for all the tours/holidays which it operate, including optional excursions offered by its employees or agents, and that the suppliers of all the services are efficient, safe and reputable and that they comply with the local and national laws and regulations of the country in which they are providing those services (N.B. laws, regulations and standards of other countries may differ from those in the United Kingdom) Whilst Classic Holidays has no direct control over the provision of services to you by suppliers, it will pay its clients the equivalent of such damages as they would be entitled to receive under English law in an English court for any personal injury to the client, including illness or death, caused by the failure to perform or the improper performance of such services by servants of agents of Classic Holidays, or any Classic Holidays suppliers contracted or subcontracted to provide any part of the arrangements for your Tour/Holiday, as described in the Master Brochure, where such failure or improper performance is due to the fault of such person and not an event which such person could not foresee or forestall, even if they had taken all due care.
N.B Classic Holidays will make payments as stated above, provided:
(a) that claims for personal injury are notified, in writing to Classic Holidays, within 90 days of the return from a Tour/Holiday;
(b) the injured client(s) assign to Classic Holidays any rights against a supplier or other person or party they may have relating to the claim (c) they agree to co-operate fully with Classic Holidays in the event that insurers wish to enforce those rights which have been assigned to Classic Holidays or to which Classic Holidays is subrogated and (d) such payment is limited in the case of transport by air or water to a maximum of such sums as would be obtained under the provisions of the appropriate International conventions. This assignment is necessary to enable Classic Holidays to try to recover, from suppliers, any compensation paid to clients, together with associated costs, arising from personal injury to clients caused by fault of those suppliers. If Classic Holidays is able to recover more than such compensation and costs, any excess will be paid to the injured clients. Where appropriate and subject to Classic Holidays reasonable discretion, general assistance will be afforded to clients, who, through misadventure, suffer illness, personal injury or death whilst traveling on a Tour/Holiday organized by Classic Holidays and arising out of an activity which does not form part of the advertised itinerary, nor part of an excursion arranged by Classic Holidays. The aggregate cost to Classic Holidays of such general assistance and initial legal costs shall be limited to a total of £5,000 per booking form and, in the event of there being a successful claim against a third party, or there being appropriate insurance policy/policies in force, any costs incurred by Classic Holidays shall be recovered from the client.
18. LUGGAGE AND PERSONL EFFECTS - Classic Holidays cannot accept responsibility for loss of, or damage to, luggage and personal effects unless it can be established to have been caused by Classic Holidays negligence. Client's attention is drawn to the fact that soft suitcases are more susceptible to damage, often without negligence on the part of the staff of Classic Holidays, or its contractors or agents. Classic Holidays will accept no liability whatsoever for fragile or perishable items, or jewelry or other valuables included in clients baggage.
19. ROOMS - PRIVATE FACILITIES, SINGLE AND SPECIAL REQUESTS - Rooms are specified at the time of booking and the Confirmation/Invoice, when issued, shows the type of room that has been reserved, i.e. double, twin, single etc. Many rooms with private facilities are available and when reserved will be shown on your Confirmation/Final Invoice. Booking for rooms with private facilities will be deemed to be effected by the provision of either bath and w.c Classic Holidays liability for the provision of extra facilities, for which a supplement is paid, shall be limited to the master brochure price of that supplement. When a single room is available, it may be subject to a supplementary charge and this will be shown in the master brochure. If you have any special requests, these must be notified on your booking form, at the time of booking. Requests for specific rooms, or position of rooms, or for particular private facilities remain requests and cannot under any circumstances be guaranteed, nor shall Classic Holidays accept any liability for any failure to provide a special request. Requests made direct to hotels will not be considered. If lifts are available, as they are at most hotels, the facility will be shown in the master brochure.
20. ITINERARIES - No courier, driver, servant or agent of Classic Holidays is authorized or empowered to vary or alter the components of any itinerary, or the contents of any Tour/Holiday, as listed in the Master Brochure, except to vary excursions where circumstances may adversely affect such operations. Where Classic Holidays decided to operate a Tour/Holiday with fewer clients than specified at clause 13 (above), excursions and facilities may have to be varied, curtailed or cancelled. In such circumstances, Classic Holidays will make every reasonable effort to ensure that the per capital value originally budgeted for is provided.
TOUR/HOLIDAY INFORMATION
This information does not form part of the contract between Classic Holidays and its clients.
1. CHILD REDUCTIONS - Children who share a bedroom with two adults, will often be allowed a discount on Tour/Holiday prices, subject to such application being made at the time of booking and subject to availability of suitable accommodation.
2. LUGGAGE - Luggage should be kept to one medium - sized suitcase per person, but a small holdall can also be taken on board the coach. A small overnight bag is recommended for overnight stays and overnight ferry crossings, on European tours.
3. NO SMOKING NOTICE - All our coaches are totally non smoking. The great majority of our clients wish to travel in a smoke free environment and we have therefore taken the appropriate action.
4.TRAVEL DOCUMENTS - When you have paid the balance shown on your final invoice and approximately one week before the departure of you Tour/Holiday, you will receive the necessary documents and labels, together with your itinerary and joining instructions. The precise arrangements and timetable for joining tours/holidays are not finalized until approximately one week before departure. This is to enable passengers to be picked up in the most convenient way, without undue waste of time. Certain documents, for example air or boat tickets, may have to be retained and your driver or courier will issue them as required, at an appropriate time.
5. SPECIAL CARE FOR THE DISABLED - Tours/Holidays have been carefully planned to include as much of interest as possible. Inevitably, many of the tours/holidays include lengthy periods of travel and some walking on sightseeing excursions. Therefore, all clients should have enough mobility to board and alight unassisted from coaches and, additionally, some of the hotels may have steps to contend with and may not possess lifts. Classic Holidays classifies as Low Floor rooms on the ground for first floor of hotels. Although every attempt will be made to look after disabled passengers, it is important that you enter the word DISABLED in the special requirement section of the booking form, together with a brief description of your disability. Classic Holidays will make every Endeavour to minimize discomfort and inconvenience, but, for obvious reasons, guarantees cannot be made.
6. SPECIAL DIETS - You may have special dietary needs, if so, please make sure that you include them in the panel provided on the booking form and that they appear on the Confirmation. The special needs will be notified to the hotel on your tour and any extra costs incurred must be paid to the hotel, by yourself, before departure from the hotel. Classic Holidays cannot guarantee hoteliers compliance with dietary requests.
7. HOTEL CLASSIFICATION - Where applicable, the hotel rating has been listed in accordance with the classification of the country involved, except from overnight hotels. All hotels conform to the fire, safety and hygiene regulations of their own countries, but, of course, these regulations may again differ from each other and also, in particular, from the United Kingdom. From time to time hotels operate a buffest service in the restaurants, Classic Holidays do not accept responsibility for any changes to this service.