These are the terms and conditions of your holiday contract with Sunshine Cruise Holidays Ltd when we act as principals in the provision of Package Holidays that have been arranged by us. Please read them carefully as you are bound by them. You will be asked at time of booking to confirm your agreement to these terms. Please note that separate Terms and Conditions apply to bookings made with the Sunshine Cruise Holidays Ltd where we act as agents for other Tour Operators and suppliers of travel related products.
1) The Contract
a) When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A contract will exist as soon as we issue our confirmation invoice. A booking confirmation will be sent to you by either email or post or will be available to view on-line. You must check this confirmation carefully and raise any queries immediately upon receipt. Your contract is made on the terms of these booking conditions which are governed by English law and any claim or dispute will be subject to the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and wish to do so.
b) All holidays are subject to availability at the time of booking. If the balance is not paid in time we will cancel your holiday and retain your deposit. Please note that no reminder will be sent out should you default on any required payment
c) A booking can only be made by a person aged 21 years or over. All passengers who, at the time ofdeparture, are under the age of 21 years must be accompanied by a passenger who is over the age of 21.
2) Your Financial Protection
We provide full financial protection for our package holidays. When you buy an ATOL protected air holiday package from [us/licensed trading name] you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 6777. 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 at http://www.atol.org.uk When you buy a package holiday that doesn't include a flight, protection is provided by way of a bond held by ABTA/an insurance policy with ACE European Group Ltd.
We are a Member of ABTA, membership numbers L7369 and Y2668. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA's assistance in resolving disputes can be found on http://www.abta.com
4) The Holiday
a) We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
b) When you make your booking you must pay a deposit of £250 or 10% per person (whichever higher) or any higher deposit which may apply to your particular holiday. A higher deposit may be required, for example, when you choose to travel with a low-cost airline or an airline offering special rates subject to immediate full payment of the fares. The balance of the price of your travel arrangements must be paid at least 15 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times.
c)All payments must be made in pounds sterling and all cheques must be drawn on a UK bank. MasterCard and Visa credit card payments are subject to a card fee surcharge of 2.5% of the value of the transaction. Payment by American Express is subject to a card fee of 4%.There is currently no charge for payment by Delta or Switch debit card issued by a UK bank. We reserve the right to change these surcharges should our card processors increase or decrease their charges to us or if VAT becomes payable on these charges. Where a no credit card fee promotion is running, this describes no fee on the initial first transaction, if you pay the balance of your holiday in full, no charge will occur, however if you choose to pay a deposit this transaction will have no fee but subsequent payments made on a credit card will be charged at the above rates.
d) During a cruise included in your holiday arrangements, all accounts for on board services/goods and shore excursions must be settled in full before leaving the vessel. Gratuities are non refundable under any circumstances. Gratuities may vary from operators. Sunshine Cruise Holidays Ltd will try to advise of operators gratuities policy but cannot be held responsible for any third party compulsory charges. For up to date information on gratuities please refer to relevant operator's latest brochure or website.
e) 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. 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 (if this is of equivalent 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 and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. 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.
Tickets and travel documents are normally supplied 7 to 10 days prior to departure. If you do not receive your tickets 7 days before departure please contact us using the contact details provided below. Please check your travel documents carefully upon receipt, and advise us immediately of any error. If you have any further queries, please contact our Customer Services Dept on 0161 877 8559 or e-mail us at firstname.lastname@example.org.
6)Mobility/Disability Restrictions and Special
a) If you have anymobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during yourholiday, you must advise us at the time of booking. Whilst we will make everyeffort to accommodate you, we regret that we cannot guarantee to be able tomeet any particular special request unless we have specifically confirmed this in writing. If we reasonably feel that we are unable to accommodate the needs of any client who has particular health requirements, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 7 of these conditions.
b) Special requests such as room location, flight seating, particular facilities, dietary requirements etc. must be made at the time of booking. We will pass on your request to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline upon issue of your tickets.
c) Please note that all medical facilities on board cruise ships are the responsibility of the ship operator and their availability is at the sole discretion of the master. You will be responsible for the payment of any charges for medical treatment and/or drugs provided on board. In no circumstances will we be liable for any medical treatment or advice or the lack of it, or the alleged consequences of same.
7) If You Change Your Booking
a) If, after our confirmation invoice has been forwarded to you, you wish to change your holiday in any way, we will do our best to meet your request but it may not always be possible. Any such request must be in writing from the person who made the booking or from your travel agent. You will be asked to pay an administration charge of £75 per person and any further costs we incur in making the changes. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. N.B. Certain travel arrangements may not be changeable after a reservation has been made and any requests to make a change may incur a cancellation charge of up to 100% of that part of the holiday/arrangements.
b) You may also be able to transfer a booking to another person, provided that the new passengers meet the requirements of these booking conditions and provided that we are notified in writing not less than 14 days before the departure date. We will not, however, confirm such a booking transfer until all costs and charges incurred by us (including any charges and costs levied by a supplier) have been paid together with an administration charge of £50 per person. Please note that some suppliers including scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% charge. We reserve the right to require the balance of the holiday price or any other sum due under the contract to be paid before we confirm the booking transfer. Where we do not impose such a condition, both the original passengers and the new passenger shall be responsible for the payment of any sum due to us and both shall also be responsible for obtaining any necessary travel documents.
8) If You Cancel Your Holiday
a) You or any member of your party may cancel your holiday at any time. Written notification from the person who made the booking and signed the booking form on your behalf must be received at our offices. Since we incur costs in cancelling your holiday, you will have to pay the applicable cancellation charges up to the maximum shown below:
Period before the day of departure within which written notification of cancellation is received. Amount of cancellation charge as % of total holiday price
84 days or more - Deposit only*
57 - 83 days - 45% or deposit if greater
42 - 56 days - 60% or deposit if greater
41 - 14 days - 90% or deposit if greater
Less than 13 days 100% of total holiday cost
*In this paragraph *means the amount payable on booking or on any subsequent amendment which may on some occasions be up to 100% of the price. See also Sub-below.
b) Where any cancellation reduces the number of full paying party members below the number of free places and/or concessions agreed for your booking we will recalculate these items and invoice you accordingly
c) We would strongly recommend that you take out full insurance, which should then in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees. See clause 4 of these conditions.
d) If any changes or cancellations are made by you at any time prior to your holiday commencing, please be aware that in some cases airline tickets may already have been produced. Therefore any changes made may incur charges equivalent to the full price of your airline ticket. We reserve the right to pass such charges on to you.
9) If We Change/Cancel Your Holiday
a) It is unlikely that we will have to make any changes to your holiday but we do plan the arrangements many months in advance. Occasionally we may have to make changes and we reserve
the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest opportunity. We also reserve the right in any circumstances to cancel your holiday. For example if the minimum number of persons required for a particular holiday is not reached, we may have to cancel it. However we will not cancel your holiday less than 8weeks before departure date, except for reasons of force majeure* or by reason of your failure to pay the final balance of the price. If we are unable top rovide your holiday we will offer an alternative holiday of a comparable standard, if available. Please note that carriers such as airlines may always be subject to change which shall be deemed as a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12hours or a change of airports to another in the same city or region, changes to aircraft type, change of accommodation/vessel to another of the same standard. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows: British Airways, Virgin Atlantic, Easyjet, Ryanair, BMI, Maxjet, Silverjet, American Airways, KLM, Quantas, Singapore Airlines, Malaysian Airlines, Oasis. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
b) If we make a major change to your holiday or we have to cancel your holiday, we will inform you as soon as reasonably possible before departure. You will have the choice of accepting the changed arrangements or accepting an alternative holiday of comparable standard as we are able to offer if available. In all cases (except where the major change arises due to reasons of force majeure*) we will pay compensation as set out below:
If we make a major change to your holiday – Period before the day of departure within which cancellation or a major change is notified to you with amount paid by us:
84 Days or more - £0
57-53 Days or more - £30.00 per person
42-56 Days or more - £50.00 per person
41-14 Days or more - £70.00 per person
13 Days or Less - £80.00 per person
If we cancel your holiday - Period before the day of departure within which cancellation or a major change is notified to you with amount paid by us:
84 Days or more – Deposit only or full amount
57-53 Days or more – Full refund plus £30.00 per person
42-56 Days or more - Full refund plus £50.00 per person
41-14 Days or more - Full refund plus £70.00 per person
13 Days or Less - Full refund plus £80.00 per person
*. Force Majeure means 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. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
c) We reserve the right to make adjustments to the advertised itinerary to take into account passenger safety, comfort and enjoyment which may include, but is not limited to, weather conditions, technical problems with transport or local conditions at ports of call. The Master of the Ship/Captain of the aircraft must at all times have concern for the safety of his passengers and crew and therefore has overriding discretion at all times to act as he sees fit. In no circumstances shall we be liable for any consequence arising from the weather conditions experienced during your holiday.
d) On board cruises, sea areas controlled by vessel traffic, schemes, canals, rivers and other navigable waterways may be subject to delay due to operational circumstances and/or requirements of local authorities. We shall have no liability whatsoever in respect of any such delay. The Master of the Ship has the right to alter the itinerary in any way he sees fit and we cannot therefore be responsible for any failure to meet arrival/departure times for any port of call.
e) A flight that is described as direct is one where there is no need to change aircraft during the journey. However, stops may be made en route for refueling or to let passengers on/off if necessary. Details of any stops will be provided on your itinerary.
10) Flight or Cruise Cancellations/Delays
a) Flights – Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delays. Full details of these rights will be available at EU airports and other airlines. Please note however, that reimbursement is the responsibility of the airline and does not entitle you to a refund of your holiday price from us and we shall not be liable for any additional costs incurred by you as a result of such flight delays, including, but not limited to accommodation costs or meals. If your airline does not comply with these rules you should complain to the Civil Aviation Authority www.caa.co.uk.
b) Cruises – Occasionally cruise sailings have to be cancelled or terminated early for reasons of Force Majeure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result except where we are required to do so by law. Our liability where a significant proportion of the contracted services is not provided after departure is limited to making suitable alternative arrangements for the continuation of the cruise where possible or where this is impossible, or you do not accept the alternative arrangements for good reason, arranging to get you back to the UK at no cost to yourselves; this may be arranged directly by the cruise line or by ourselves. Cruise lines may make an ex-gratia payment in the form of cash and/or vouchers to be used against a future cruise and we will pass these on to you when received.
11) If You Have a Complaint
a) If you have a problem during your holiday, please inform our local representative or call our 24 hour duty officer system (the contact number for this will be provided with your itinerary) and we will immediately endeavor to put things right. If your complaint is not resolved locally please follow this up by writing to our Customer Services Dept at Falcon Court, 209-215 Broadway, Salford, Manchester, M50 2UE, within 28 days of your return home. Please give your booking reference number and any other relevant information. We strongly recommend you communicate any complaint to the supplier of services and complete a report form where available, during your holiday. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. Please keep your letter precise and to the point.
b) Disputes arising from this contract which cannot be settled amicably may be referred to arbitration arranged by the Travel Trust Association and administered independently by the Chartered Institute of Arbitrators. This scheme provides a simple and inexpensive method of arbitration without the need for a hearing. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability. It is not available for claims greater than £1500 per person or £7500 per booking form, or for claims solely or mainly in respect of physical injury or illness. Application for arbitration must be made within 9 months of the date of return from the holiday, but it may, in special circumstances still be offered outside this period. Please also see details of the arbitration scheme arranged by ABTA detailed in clause 3 above.
12) Our Liability to You
a) We accept responsibility for the full and proper performance of your holiday as described in our brochure. If any part of your holiday is 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 holiday. Subject to paragraphs 11b), 11c), 11d), 11e) below, our liability in all cases shall be limited to a maximum of twice the cost of your holiday.
b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub contractors whilst acting within the scope of or in the course of their employment in the provision of your holiday. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. Where you can prove this, we will pay to you such damages as are applicable in such circumstances under English Law or the Law you have chosen under Clause 1 of this contract.
c) We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and 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 we or our suppliers, even with all due care, could not foresee or forestall. Our liability will also be limited in accordance with and/or in an identical manner to:i).The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and ii) 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 the provision 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 or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from us. If any payments to you are due from us, any payment made to you by the airline, an insurer or supplier will be deducted from this amount.
d) In respect of claims for death and personal injury we will not be liable for any loss of profit of loss of business or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
13) Accuracy of Promotional Material
All information contained in any of our promotional material, e.g. brochures, advertisements, mail shots, websites and e-shots, is based on information available at the time of publication. We reserve the right to change any information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy and prices at the time of printing, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking.
a) We reserve the right within our reasonable discretion to terminate the holiday, without notice, if you/or your party's conduct or behaviour is disruptive in any way and/or affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by you/or your party as a result of our doing so. Aircraft captains have the right, at their absolute discretion, to refuse boarding to any person who is unacceptably under the influence of alcohol or drugs. If for this reason you are denied boarding on your outward flight, we reserve the right to treat this as a cancellation by you and cancellation charges will be levied.
15) Prompt Assistance
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and 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 we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
16) Passport, Visa& Immigration Requirements
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. We do n not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Information on current travel requirements and restrictions can currently be found by visiting www.fco.gov.uk/knowbeforeyougo.
17) Conditions of Carriage
a) The carrier companies that provide the transportation for your travel arrangements produce conditions of carriage which form part of your contract both with us and with the carrier companies. You may ask for copies of the relevant conditions of carriage from our offices.
Excursion or other tours that you may choose to book or pay for independently before you travel or whilst you are on holiday are not part of your package holiday provided by us. For any such excursion or other tour that you book your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
19) Data Protection
a) For the purposes of the Data Protection Act 1998 we, Sunshine Cruise Holidays Ltd, are the data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, your email address, the names and addresses of party's members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example your airline, hotels, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
b) We have appropriate security measures in place to protect the personal details you give us. Where your travel arrangements are to take place outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements.
c) We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1988, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
20) Free Credit Card Promotion
No credit card charges are for new bookings only. Normal charges apply for balance payments and Amex.
Any bookings made with P&O, Princess and Cunard would still carry their 1.5% charge.