Inghams Short Breaks - Booking Conditions

These booking conditions set out the terms on which you contract with us. Separate conditions apply to the Ski, Santa, Lakes and Mountains and Spa Break holidays advertised on this website. These are set out in full on the Inghams Ski, and Lakes and Mountains website. No employee or representative of this Company has the authority to vary these booking conditions. Your contract shall be governed by and construed in accordance with English Law, and is subject to the jurisdiction of the United Kingdom Courts.

A. Booking and Payments
We are Hotelplan Limited trading as Inghams Travel and our registered office is 10/18 Putney Hill, London SW15 6AX. The air holidays and flights in this brochure are ATOL protected, since we are licensed by the Civil Aviation Authority (CAA), ATOL 0025. All other holidays in the brochure are bonded with the Federation of Tour Operators (FTO). In the event of our insolvency, the CAA and FTO would ensure you were not stranded abroad and would arrange to refund you any money you have paid to us for an advance booking. We are also members of the Association of British Travel Agents (ABTA). Our appointed agents in Ireland are Inghams Travel, 29 Herbert Lane, Dublin 2, who will accept legal service of documents for us.

Your financial protection
When you buy an ATOL protected air package or flight from us 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 0025. 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 www.atol.org.uk. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. All other holidays are bonded with the Federation of Tour Operators (FTO).

Information about our programmes (including prices and travel details) may be featured on websites operated by travel agents and other organisations. Please note that we do not accept responsibility or liability for any advice given to you on any website which is not operated and maintained by ourselves.

A deposit of £115 per person, plus insurance (if appropriate), is payable at the time of booking. The booking is definite once it is confirmed on the Internet using our on-line booking service and payment of the deposit or full amount (where applicable) has been made. Once your booking is confirmed as definite a contract exists between us and all conditions become binding on us both. We will send you an invoice showing details of the holiday. The person making the booking guarantees payment to us of the total cost of the holiday booked, and also does so on behalf and with the consent of all others for whom the booking is completed.

The balance of the holiday cost must be paid no later than 10 weeks before departure. If the deposit or balance is not received by the due date we reserve the right to cancel the booking and levy cancellation charges as described in section B of these conditions. We do not usually send reminders of monies owing.
Please note bookings made from overseas incur an extra charge of £30 per booking to cover extra costs involved.

In addition to our normal payment conditions, we require full payment of the air fare for low cost flights, airline offers and flight savers. Full payment is also required for all performance tickets.

Payment by Credit Card
A charge of 2.25% will be made for each credit card transaction. There is no charge for debit card payments.

Price Policy
We reserve the right to website prices at any time before you book. Price increases may for example become necessary because of fuel supplements.

Prices shown on this website are valid from 3rd April 2008 onwards. However prices are based on currency exchange rates quoted in the Financial Times World Currencies table on 5th March 2007 and known costs on that date. After booking the price of your travel arrangements can be varied due to changes in transportation costs, including fuel costs, dues, taxes or fees chargeable for services such as landing taxes, embarkation or disembarkation fees at ports and airports, and exchange rates.

Also Government (UK and foreign) action such as changes in VAT or any other Government imposed changes. However, there will be no change within 30 days of departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agentsÕ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (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 and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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. 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.

B. CHANGES OR CANCELLATIONS BY YOU

Requests to change your booking after confirmation (e.g. transferring to a different hotel, departure date or airport) may be made in writing or by telephone or email, but we are not bound to comply with such requests, unless it is to substitute a party/ member where that person is prevented from travelling (see below). If additional people are added to your booking they are added on the understanding that they have also accepted these booking conditions. Where we can meet a request for a change to your holiday we will issue a revised holiday details/invoice to confirm this.

Cost of changes
If we receive notification more than 42 days before departure an amendment fee of £20 per person (maximum £60 per booking) per amendment will be added to the revised holiday cost.
The only exceptions to this are that name changes that involve scheduled airlines will incur a charge of £25 per person per change (subject to flight availability at time of change), along with any additional costs imposed by the scheduled/low cost airlines.

Low cost airlines, airline offers and flight savers or any performance tickets will incur 100% charge.
Any changes made less than 42 days before departure will constitute an entirely new booking and will attract cancellation charges as set out below, except where the change is to substitute a party member who is prevented from taking their holiday. In this situation, that person may transfer their booking to someone else provided we are notified not less than 28 days prior to the scheduled departure date. An amendment fee of £25 per person per change (max.£100 per booking) will be charged, along with any additional costs imposed by the scheduled/low cost airlines. Should the number of persons travelling change, the price will be recalculated on the basis of the new party size. Any increase in price per person payable as result of a part cancellation (eg. a sole occupancy charge) will be indicated on the revised invoice.

Cost of cancellations
Cancellations can only be accepted in writing by letter, fax or email. We strongly recommend you obtain proof of posting from your Post Office or send emails requesting a "read receipt". A cancellation/confirmation invoice will be sent to you within seven days. If you do not receive this you should contact our Administration department on 020 8780 7701.

The charges you incur, set out below, depend on when we receive your written notification. Amendment fees cannot be refunded and are payable in full. 100% cancellation charges apply at any time to the airfare for low cost flights, airline offers and flight savers, plus charges as indicated in the table below. Performance tickets are also non-refundable.

Note: If you have taken out insurance cover, you may make a claim against your insurers if your cancellation falls within the terms of the policy.
NB: It is a condition of booking a holiday with us that you take out our insurance, or another policy offering the same or greater protection.

C. CHANGES OR CANCELLATIONS BY INGHAMS SHORT BREAKS

It is unlikely that changes will have to be made to your holiday but, because arrangements are planned many months in advance, we reserve the right to make changes to brochure and holiday details both before and after you have booked your holiday. We will notify you of any such changes as soon as possible.

Significant changes by Inghams Short Breaks
Where a significant change to an essential term of the contract becomes necessary, we will inform you as soon as is reasonably possible if there is time before your departure.
A significant change is one that we make to your holiday arrangements before departure that involves changing your UK departure airport (except as between Gatwick/ Heathrow/Luton/ Stansted/London City), your resort, your booked hotel to that of a lower official category, your departure date or departure time by more than 12 hours (except in the case of curtailment as dealt with in the section on Force Majeure).
These are only illustrations of significant changes. To enable us to determine whether other changes may constitute a significant change, you must advise us in writing at the time of booking of any particular facilities which are fundamental to your holiday.

You will have the choice of either:
a) accepting the changed arrangements as notified to you (and receiving a refund in respect of a lesser price) or
b) purchasing another holiday from us and paying or receiving a refund in respect of any price difference or
c) cancelling your holiday and receiving a full refund of all monies paid. In the event of a significant change, we will in addition pay you compensation as follows, except where the change is made as a result of those circumstances listed under Force Majeure:

No compensation is payable in the case of minor changes.

Force majeure
Compensation payments do not apply to changes, cancellations or curtailment caused by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire, World Health Organisation or Foreign Office advice, adverse weather conditions or closure or congestion of airports or ports, technical problems to aircraft and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of our contract with you is prevented or affected as a result of such circumstances beyond our control.

Flight Delays/Changes
Most flights operate on time but in the event of a delay we will do our best to arrange for the agents of the airline to provide, if practical in the circumstances and given the airport involved, refreshments appropriate to the time of day for delays over three hours; overnight accommodation for delays over 12 hours extended beyond midnight subject to local availability and operational suitability.
It may also be necessary before departure from the U.K. or overseas to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons. Where such changes occur it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used may be subject to change. Such a change is deemed to be a minor change.

Other examples of minor changes include alterations of your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004. Very rarely, we may be forced by adverse weather conditions (not necessarily in your own resort) and other Òforce majeureÓ situations to terminate your holiday before the due date or time and/or make alternative arrangements for your return journey. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. If you decide not to purchase the insurance that we offer and we incur costs and expenses in making these changes or terminating your holiday, if and when asked to do so, you must transfer to us any rights you have against your own insurer in respect of costs and expenses incurred in making changes to or terminating your holiday owing to adverse weather conditions. You must also co-operate fully with us if we want to enforce any rights which are transferred.

In accordance with EU Directive (EC) No 2111/2005, Article 9, we are required to bring to your attention the existence of a 'community list' which contains details of air carriers that are subject to an operating ban within the EU. The list is available for inspection at:
http://europa.eu.int/comm/transport/air/safety/flywell_en.htm

In accordance with EU regulations 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 in the "Flight Options" section. 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.

Cancellation by Inghams Short Breaks
We reserve the right in any circumstances to cancel your holiday and all holidays we operate are subject to a minimum number. In no case will we cancel your holiday less than 10 weeks before your departure date except for reasons of force majeure or failure by you to pay the final balance. Where we are unable to provide the holiday booked, we will return to you all monies paid, or offer an alternative holiday of comparable standard and (If the cancellation occurs within 10 weeks of departure) compensation shown in the table in this section of these conditions.

Behaviour
We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our reasonable opinion, or that of any accommodation owner or manager, airline pilot or other person in authority, to cause distress, danger, damage, or annoyance to other customers, employees, property or to any third party. If any person or persons are prevented from travelling because in the opinion of any person in authority they appear unfit to travel or likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the person or persons holiday will then cease. In all cases full cancellation charges apply and we will be under no obligation whatsoever for any cost incurred.

Our liability
We promise to make sure that all parts of your holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what our employees, agents, suppliers do or not do. We will not, however, be responsible for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim which results from any of the following:-

(a) the fault of the person(s) affected or any member(s) of their party or (b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or (c) an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see Force Majeure). (d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.

In addition, we will not be responsible where you do not enjoy your holiday and suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them.

The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.

This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. In respect of travel by air, sea and rail, our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include: 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 you can claim for death, injury or loss of or damage to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these conventions. In all cases except where personal injury, illness or death results, our liability is limited in total to twice the holiday price of the person(s) affected.

Assistance
Should you suffer, through misadventure, illness, personal injury or death whilst on holiday as a result of an activity not part of the holiday arrangements made by us or not purchased locally through us we will offer you all reasonable assistance in pursuing any claim you intend making against the offending party. This includes advice and guidance and may include a contribution towards initial legal costs and expenses which in our opinion are reasonable and appropriate in the circumstances. All assistance (monetary or otherwise) is provided subject to a maximum total cost to Inghams Short Breaks of £5,000 per booking form and assistance must be requested within 90 days of the date of misadventure. Furthermore you undertake to assign to ourselves any costs recovered in the event of a successful claim against the third party or there being an appropriate insurance policy in force.

Conditions of carriage
Your contract is made under these booking conditions and the information contained in 'Travel Insurance and Essential Information' and is subject to English and EU Law. However, when travelling by air, rail, coach or ship, the Conditions of Carriage of the individual carrier shall apply, some of which limit liability. These conditions are the subject of international agreement between Countries and clients may consult these conditions upon request. Your contract with us is subject to such conditions. Initial flight timings are for guidance only and are subject to change.

Development and Noise
If we learn of building works close to your accommodation that in our opinion may affect the enjoyment of your holiday, we will do our best to advise you prior to your departure. Please note that cities are all year round destinations, therefore there is never an ideal time for hotel refurbishment, road works or building works to take place. Please make allowances for this. Cities are noisy places and we would ask you to bear in mind that, especially centrally located hotels may be subject to noise from traffic, bars, machinery, individuals etc. It is impossible for us to predict these temporary noise disturbances.

D. COMPLAINTS

If you have reason to complain:

1. Tell our local agent or appropriate supplier immediately so that remedial action can be taken without delay. If you fail to follow this simple procedure our supplier will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract.

2. If the problem cannot be resolved contact our office immediately on the Inghams Short Breaks telephone/fax numbers shown on the arrival/departure information.

3. If you remain dissatisfied the person listed as the lead name on the booking must write (quoting booking reference) within 28 days of your return from holiday to: Customer Relations, Inghams Short Breaks, 10-18 Putney Hill, London SW15 6AX. Subsequent correspondence must be followed up in writing within 6 weeks of your receiving a full reply from us. Investigation can take up to eight weeks.

4. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may (if you so wish) be referred to arbitration under a special scheme devised for the travel industry by the Chartered Institute of Arbitrators. The scheme (details on request from ABTA, 68-71 Newman Street, London W1P 4AH), 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 greater than £5,000 per person or £25,000 per booking or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If you elect to use the scheme, written notice requesting arbitration must be made within 9 months after the scheduled date of return from holiday.

E. WEBSITE ACCURACY

Our website is prepared many months in advance of the season and although every effort is made to ensure complete accuracy, it is sometimes inevitable that some of the prices or details contained on this website may have changed since the brochure was printed. We will inform you of any changes that we become aware of, either directly or through your travel agent. However, we do limit the advice to what we feel is an important part of our contract or which we feel will greatly affect the enjoyment of your holiday.

To enable us to fulfil this, we would ask you to advise us of any particular facilities that are important to you at the time of booking your holiday. Some facilities and excursions may not be available at certain times due to poor weather or lack of support.

Air conditioning, where mentioned, may only be available at certain times of the year, and at the discretion of the hotelier. It may also happen that the hotelier may decide to change the meal service arrangements to buffet style or vice versa. Swimming pools are emptied periodically for cleaning and maintenance and may be temporarily unavailable. Some facilities such as saunas, solariums etc may incur a charge locally. City attractions may also not be available on public holidays.

F. DATA PROTECTION

Privacy Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide, such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information onto the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies and public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is 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 onto any person not responsible for part of your travel arrangements.

This applies to any sensitive information that you give to us, such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. We will confirm the details we hold about you on request. Please note that where information is also held by your travel agent, this is subject to your agent's own data protection policy.

Marketing
We do not share any information with third parties, but we would like to hold your information, where collected by us, for our own marketing purposes (for example to inform you of promotional offers or to send you our brochures). If you do not wish to receive such approaches in the future, please inform us as soon as possible. Telephones calls may be monitored for training purposes.