Florida Beaches 2018 with Funway

BOOKING CONDITIONS These Booking Conditions and the information detailed in our ‘BeforeYouTravel – Important Information’will form the basis of your agreement with Funway Holidays International Inc,Third Floor,Northside House,Tweedy Road,Bromley,Kent,BR1 3WA, trading as Funway.Please read them carefully as they set out our respective rights and obligations.By asking us to confirm your booking,we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make,provide or perform (as applicable) as part of our contract with you.All references in these booking conditions to“holiday”,“booking”,“contract”,“package”,“tour”or“arrangements”mean such holiday arrangements unless otherwise stated. In these booking conditions,“you” and“your”means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them,as the context requires.“We”,“us”and“our” means Funway.We are a Member ofABTA,membership numberV000X.ABTA andABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan.We are obliged to maintain a high standard of service to you byABTA’s Code of Conduct.For further information aboutABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see clause 13),contact ABTA at 30 Park Street,London,SE1 9EQ or see www.abta.com WE PROVIDE FULL FINANCIAL PROTECTION FOR OUR PACKAGE HOLIDAYS We hold anAirTravel Organiser's Licence issued by the CivilAviationAuthority (ATOL number 2853).When you buy anATOL protected flight or flight inclusive holiday* from us,you will receive anATOL Certificate.This lists what is financially protected,where you can get information on what this means for you and who to contact if things go wrong. We,or the suppliers identified on yourATOL Certificate,will provide you with the services listed on theATOL Certificate (or a suitable alternative). In some cases,where neither we nor the supplier are able to do so for reasons of insolvency,an alternativeATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you).You agree to accept that in those circumstances the alternativeATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternativeATOL holder.However,you also agree that in some cases it will not be possible to appoint an alternativeATOL holder, in which case you will be entitled to make a claim under theATOL scheme (or your credit card issuer where applicable). If we,or the suppliers identified on yourATOL certificate,are unable to provide the services listed (or a suitable alternative, through an alternativeATOL holder or otherwise) for reasons of insolvency, theTrustees of theAirTravelTrust may make a payment to (or confer a benefit on) you under theATOL scheme.You agree that in return for such a payment or benefit,you assign absolutely to thoseTrustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable.You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under theATOL scheme.*The flights and flight-inclusive holidays we arrange areATOL protected providing they are made available in the UK.For further information visit theATOL website at www.atol.org.uk . If you book a flight with us and on the same day, the day before or day after,you also book your accommodation and/or car hire with us,a Flight-Plus will be created of which we will be the arranger.Your Flight-Plus includes,as applicable, the flight(s),accommodation,car hire and any other tourist services (providing these form a significant part of the arrangements) which are booked through us within this period of time.Your Flight-Plus will be financially protected by ourAirTravel Organiser’s Licence (ATOL No.2853) and by theATOL scheme as set out above.We are a member ofABTA (ABTA numberV000X). If your holiday does not include flights,ABTA will financially protect your holiday by ensuring you receive a refund or, if your arrangements include return travel to the UK (other than flights) you are returned to the UK in the event that your holiday cannot be provided as a result of our insolvency.Please go to www.abta. com for a copy of the guide toABTA’s scheme of Financial Protection. HOLIDAY CONTRACT When a booking is made, the ‘lead name’on the holiday booking guarantees that he or she has the authority and does accept on behalf of all persons named on the booking and by their parent or guardian for all party members who are under 18, the terms of these booking conditions.Subject to the availability of your chosen arrangements,we will confirm your holiday by issuing a confirmation invoice.This invoice will be sent to the lead name on the booking.Please check this invoice carefully as soon as you receive it.Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets).We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.A binding contract between us comes into existence when we despatch our confirmation invoice to the lead name on the booking.We both agree that English Law (and no other) will apply to your contract and to any dispute,claim or other matter of any description which arises between us (“claim”) (except as set out below).We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under theABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see clause 13) or by the Courts of England andWales only unless, in the case of Court proceedings,you live in Scotland or Northern Ireland. In this case,proceedings must either be brought in the Courts of your home country or those of England andWales. If proceedings are brought in Scotland or Northern Ireland,you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose,English law will apply). BOOKINGS / PAYMENT In order to confirm a booking a deposit of £200 per person or such other amount as notified to you (or full payment if booking within 71 days of departure) is required at the time of booking.The required deposit may vary given the type of service being booked and will be advised at the time of booking.The cancellation charges which apply may also vary depending on the arrangements you have booked (see ‘Cancellations/Refunds/Changes’ below).Some airlines or fare types require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket which is non-refundable. Some hoteliers require full payment of accommodation costs and it may not be possible to amend or cancel these arrangements after they have been confirmed. In some cases it may not be possible to offer refunds for air tickets or accommodation costs which could incur a cancellation charge of up to 100% of that part of the arrangements.For reservations made within 71 days prior to day of departure, full payment is due at time of booking.Final payment of the balance of the holiday cost must be received by us 71 days prior to day of departure.Reminders are not sent. In default of payment by due date we reserve the right to treat your holiday as cancelled. In this case we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment,you must pay the cancellation charges shown in ‘Cancellations/Refunds/ Changes’below depending on the date we reasonably treat your booking as cancelled. The total package price will be determined only after all specific items are selected and will be communicated to you prior to confirmation of the reservation.Selected items will be detailed on your confirmation invoice.Funway reserves the right to re-invoice your reservation should any error or omission be made in computing the total cost of all components/travel arrangements required. ELECTRONIC CONFIRMATION INVOICES & ELECTRONICTRAVEL DOCUMENTS Confirmation Invoices andTravel Documents will be sent electronically using the email address provided by you at the time of booking.We will assume that your email address is correct,please notify us immediately if there are any changes.Confirmations are issued when all components of your booking are confirmed and you will also receive detailedTravel Documents approximately 21 days before your date of travel.Electronic Confirmations andTravel Documents may be sent from a different email address therefore you must check your email account (including your spam filters). If you do not receive your Confirmation orTravel Documents,please call our Customer SupportTeam on 0844 557 0770 immediately. TRAVEL INSURANCE We consider adequate travel insurance to be essential.Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.We do not check insurance policies. INFANTS Infants under the age of 2 years on the date of outbound travel pay a reduced cost (on Economy flights) as long as they sit on an adult’s lap.Please note infants DO NOT have a separate baggage allowance.We are unable to process requests for infant carry cots and infant seats which attach to the carry cot position.These infant facilities are never guaranteed and must always be arranged by you direct with the airline concerned.Any charge for the cot in the hotel room and for infant food has to be paid by the guest directly to the hotel.Cots and appropriate food cannot be guaranteed by us. CANCELLATION/REFUNDS/CHANGES You must request any changes you require in writing as soon as possible.We cannot guarantee that such requests will be met.Where we can meet requests,an amendment fee of £50 per person,will be payable along with any additional costs imposed by any of our suppliers.Name changes are not permitted at any time.Changes requested within 71 days of departure,may be treated as a cancellation and rebooking and the cancellation charges below apply.Should you wish to cancel your holiday once it has been confirmed, the lead name must advise us in writing immediately.Your notice of cancellation will take effect when it is received by us.As we incur costs from the time we confirm your booking the following cancellation charges will be payable.The percentage cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges.Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling 71 days and over Deposit Only 70–57 days 30% 56-29 days 60% 28–15 days 90% 14 days and after 100% Some airlines, fare types,hoteliers,or other suppliers require full payment at the time of booking and it may not be possible to amend or cancel these arrangements after they have been confirmed. In such cases the cancellation charges that apply to your booking may be different to those stated above.You will be informed of any such different cancellation charges which may apply at the time of booking. It is not possible to make refunds after departure from the UK for any services not used or partially used. In certain cases the price of your holiday is calculated by reference to the number of occupants of a room. If one of these occupants cancels,not only will there be a cancellation charge,but also the remaining members of your party may have to pay an additional sum.Any name changes will be regarded as a cancellation and rebooking. CHANGESAND CANCELLATION BYTHE COMPANY We reserve the right to make changes to and correct errors, in holiday details both before and after bookings have been confirmed.We also reserve the right to cancel confirmed bookings.However,we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control/“force majeure”as defined below.Most changes are minor but occasionally,we may have to make a“significant change”.Examples of“significant changes” include the following when made before departure;a change of accommodation area for the whole or a major part of your holiday,a change of accommodation to that of a lower official classification for the whole or a major part of your holiday,a change of UK departure point to one which is less convenient for you,a change of outward departure time or overall length of your holiday of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period. If we have to make a significant change or cancel,we will tell you as soon as possible and if there is time to do so before departure,we will offer you the choice of the following options: a.accepting the changed arrangements,or b.purchasing alternative arrangements from us,of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one,we will refund the difference but if it is more expensive,we will ask you to pay the difference),or c.cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us. If we have to make a significant change or cancel [10 weeks or less before departure], subject to the exceptions below,we will pay you the following compensation: Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling 71 days and over nil 70–57 days £10 56-29 days £20 28–15 days £30 14 days and after £40 We will not pay you compensation where we make a significant change or cancel more than 10 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.These include unavoidable technical problems with transport,changes imposed by rescheduling or cancellation of flights by the airline or main charterer.We regret we cannot pay any expenses,costs or losses incurred by you as a result of any change or cancellation.No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.Very rarely,we may be forced by“force majeure” (see below) to change or terminate your arrangements after departure. 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. FORCE MAJEURE In these Booking Conditions,“force majeure”means any event which we or the supplier of the service(s) in question could not,even with all due care, foresee or avoid.Such events may include war or threat of war, riot,civil strife,actual or threatened terrorist activity, industrial dispute,natural or nuclear disaster,adverse weather conditions,fire and all similar events outside our control.Except where otherwise expressly stated in these booking conditions,we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by,or you otherwise suffer any damage or loss (as more fully described in the clause entitled ‘Liability’below) as a result of force majeure. EXCURSIONS Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.For any excursions or other tours 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. COMPLAINTSAND PROBLEMS In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, it is essential to take up the matter locally with our supplier and contact our 24 hours USA Helpdesk on 414-934-1505.Most problems or complaints can be resolved while you are away.Until we know about a complaint or problem,we cannot begin to resolve it.Most problems can be dealt with quickly. If you remain dissatisfied,you must write to us within 28 days of your return to the UK giving full details of your complaint.You can submit correspondence via Royal Mail or email us at customerrelations@funway.co.uk.We regret we cannot accept liability for any complaints or claims which do not involve death,personal injury or illness, if you fail to notify the complaint or claim in accordance with this clause. ARBITRATION Disputes arising out of,or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged byABTA Ltd and administered independently.The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs.Full details will be provided on request or can be obtained from theABTA website (www.abta.com ).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. 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 £1,500 on the amount the arbitrator can award per person in respect of this element.Your application for arbitration and other required documents must be received byABTA within 18 months of your return from the holiday.Outside this time limit arbitration under the scheme may still be available if we agree,although theABTA Code does not require such agreement.For injury and illness claims,you can request theABTA mediation procedure and we have the option to agree to this.Where we act as agent,please bear in mind that your contract is with the supplier of the arrangements concerned.Unless the supplier is also a member ofABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier. LIABILITY If you book a package holiday with us we will accept responsibility for the package holiday in accordance with clause ‘Liability (1)’below of these Booking Conditions as an“organiser” under the PackageTravel,Package Holidays and PackageTours Regulations 1992. A“package holiday” is a combination of at least two out of the following: (a) transport (b) accommodation;or (c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements,where the arrangements making up this combination are booked through us at the same time at an inclusive price and which last at least 24 hours or include overnight accommodation. If your arrangements do not constitute a package then clause ‘Liability (1)’below will not apply and Funway’s obligations to you will consist of using reasonable skill and care in making your booking and arranging your chosen services,as well as using reasonable skill and care in choosing the suppliers concerned. (1) If your arrangements constitute a package holiday we promise to make sure that the package holiday arrangements we have agreed to make,perform or provide as applicable as part of our contract with you are made,performed or provided with reasonable skill and care.This means that, subject to these booking conditions,we will accept responsibility if, for example,you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves,our employees,agents or suppliers to use reasonable skill and care in making,performing or providing,as applicable,your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition,we will only be responsible for what our employees,agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). (2)We will not be responsible for any injury, illness,death, loss (for example loss of enjoyment),damage,expense,cost or other sum or claim of any description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'force majeure' as defined above (3) 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 by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort.Please also see clause“Excursions”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere,we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. (4)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.The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.Please note,however, our obligation is to exercise reasonable skill and care as referred to in clause ‘Liability (1)’. We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care. (5)As set out in these booking conditions,we limit the maximum amount we may have to pay you for any claims you may make against us.Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £100 per person affected unless a lower limitation applies to your claim under this clause or clause ‘Liability (6)’below.You must ensure you have appropriate travel insurance to protect your personal belongings.For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause ‘Liability (6)’below.This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. (6)Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies,our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below.The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, theWarsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation onAir Carrier Liability No 889/2002 for national and international travel by air, theAthens Convention for international travel by sea (as amended by the 2002 protocol where applicable) and COTIF, the Convention on InternationalTravel by Rail).Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim,we similarly are not obliged to make a payment to you for that claim or part of the claim.When making any payment,we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question.Copies of the applicable international conventions and regulations are available from us on request. (7) Please note,we cannot accept any liability for any damage, loss,expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it,we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or,where we are responsible for them,our suppliers.Additionally we cannot accept liability for any business losses including self-employed loss of earnings. PRICES All prices quoted are calculated on rates of exchange as known at the time of booking. Prices can go up or down at any time.Before you make a booking you will be given the up to date price of your chosen holiday, including cost of any supplements, fuel surcharges, upgrades or additional facilities which you have requested.Due to the volatility of the supplier’s prices,quotes given can only be regarded as an indication and we can only confirm the price once a booking has been made. In respect of packages holidays,changes in fees (including transportation costs, fuel costs, taxes, fees such as landing taxes or embarkation/disembarkation fees at airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays,we will absorb and you will not be charged for any increase equivalent up 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 (excluding amendments charges),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 monies paid,except for any amendment charges and cancellation charges already incurred.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 revised invoice. 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.The price of your travel arrangements was calculated using the rate of exchange applicable to the purchase of foreign currency which is used to pay for these supplies.For arrangements which are not Packages,we reserve the right to pass on any cost increases to you in full. BEFOREYOUTRAVEL – IMPORTANT INFORMATION ASSISTANCE If you experience any problems with your holiday arrangements whilst away,please contact your hotelier/supplier to resolve the issue locally or contact our 24 hour USA based Helpdesk on 414-934-1505. BEHAVIOUR The captain of any aircraft has absolute authority over the aircraft and passengers whilst boarding or in flight.The Captain or other authorized airline representatives can refuse to carry anyone if they are deemed unruly,unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your holiday contract will terminate immediately.Funway will have no further responsibility or liability to you. When you book a holiday with Funway you accept responsibility for the proper conduct for yourself and your party whilst on holiday. If your actions or those of a member of your party cause damage to the accommodation in which you’re staying,or cause delay or diversion to any flight or other means of transportation,you agree to fully indemnify (i.e. compensate or reimburse) Funway against any claim (including legal costs) made against Funway by or on behalf of the owners of such accommodation or the operator of such flights or transportation.Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot,hotel manager,or other person of authority,your behaviour is causing danger,damage to property or affecting the enjoyment of others,we reserve the right to terminate your holiday.Should this happen we will not be TRAVEL AGENTS BOOK ONLINE AT FUNWAY4AGENTS.CO.UK OR CALL 0844 557 0626 94