Sandals Luxury Caribbean Holidays

get information on what this means for you and who to contact if things go wrong. For more information about financial protection and the ATOL Certificate, go to: www.atol.org.uk/ATOLCertificate. We will provide you with the services listed on the ATOL Certificate, or a suitable alternative. In some cases, where we are unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative, at no extra cost to you. You agree to accept that, in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your agreement to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme, or your credit card issuer where applicable. If we are unable to provide the services listed (or a suitable alternative through an alternative ATOL holder or otherwise) for reasons of insolvency, the trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those trustees 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 (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 the ATOL scheme. If you book arrangements other than a package holiday (e.g. accommodation only), the ATOL Licence financial protection referred to above does not apply. If your arrangements do not constitute a package under the Package Travel and Linked Travel Arrangements Regulations 2018 then Sandals’ 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. We are also a member of the Association of British Travel Agents (ABTA), membership number Y6413 (our “ABTA Membership”). ABTA and ABTA members help holidaymakers to get the most from their travel and assists them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see section 12 below), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com. 11. OUR RESPONSIBILITY FOR YOUR HOLIDAY We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described, we may pay you compensation, if appropriate, unless this is due to an Unavoidable and extraordinary circumstance. We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses. We will not be liable to pay any compensation where any failure in the performance of the package booking is attributable to a third party unconnected with your package, or due to unforeseeable circumstances, or due to any event that could not have been foreseen or forestalled, but we will, where appropriate and subject to our discretion provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure or as a result of any activity which does not form part of the contracted package arrangements, such assistance will be limited to £100 per booking. Please note, we cannot accept responsibility for any services which do not form part of our contract (whether a package or non-package booking). 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 where we have not agreed to arrange them as part of our contract and any excursion you purchase in your resort. 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 such other standard as may be required by law and we do not have any greater or different liability to you. The assurances we give about the services we have agreed to provide or arrange as part of our contract - and the laws, regulations and norms 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, norms 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. 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, as follows: 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. 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 (our liability in respect of which shall be unlimited), 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. This maximum amount will only be payable where you have not received any benefit at all from your holiday. 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, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, and the Athens Convention for international travel by sea as amended by the 2002 protocol where applicable). 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. 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. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years, applicable to Beaches Resorts & Grand Pineapple Resorts only) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to unavoidable and extraordinary circumstances, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your package. Except as specifically set out in these booking conditions, we will not accept any further or different liability than the Package Travel and Linked Travel Arrangements Regulations 2018 impose. 12. COMPLAINTS 12.1. If you have a complaint If you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, you should contact us without delay on https://www.sandals.co.uk/contact/?tab=representatives and we will assist you. If you are still not satisfied on your return home, you must write to our customer support team at customerservice@sandals.co.uk to allow your complaint to be investigated properly. We will acknowledge your complaint within 14 days and provide a full response within 28 days. Please include your holiday reference number on your email and include your daytime and evening telephone numbers. If you wish to bring your complaint to the local authorities where Sandals Holidays is based, please call the number on the website. 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 by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer (you) in respect of costs. Full details can be obtained from the ABTA 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 by ABTA 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 the ABTA Code of Conduct (referred to above) does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent (for example, on excursion sales), please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, 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. 12.2 Personal Injury If you suffer injury, illness or death directly as a result of the services provided as part of your holiday we may pay you compensation. We will not pay any compensation if: • your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care; or • your illness, injury or death was your own fault or fault of any members of your party If we do pay any compensation, it will be similar to compensation levels awarded under English law in an English court. If you suffer injury, illness or death on your holiday you agree to assist us with our investigations in the following ways: • you should contact our customer service office on https://www.sandals.co.uk/contact/?tab=representatives and the supplier involved, about your injury or illness while you are in the resort; and • you should write to our customer service office at customerservice@sandals.co.uk about your claim within 1 month of coming home from your holiday to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation; and • you should include a letter about your injury or illness from your doctor if you can; and • you will transfer to us any rights you have against the supplier or any other person, so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this; and • you should cooperate fully with us if we or our insurers want to enforce any rights transferred to us. Regardless to the foregoing, any payments we make may be limited in accordance with English Law and international conventions. We will not be liable to pay any compensation if you or someone named in your booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable because the event is an Unavoidable and extraordinary circumstance, but we will, where appropriate and subject to our discretion, try to help if we can. 13. INSURANCE, EXCURSIONS AND OTHER SERVICES “EXTRAS” We confirm to you that we have acquired a valid insurance policy, under which our insurers have agreed to reimburse you in the event of our insolvency, for the monies you have paid to us in respect of your package holiday. However, it is recommended that you and all other members of your party, including infants and children, are adequately insured on holiday, for example to cover any applicable cancellation, repatriation or assistance costs in the event of accident, illness or death. Please note such insurance policies do not have to be purchased via us or any third party we may recommend. Insurance, excursions, tours or any other products and services booked independently ( “Extras” ) that you may choose to book or pay for directly either with a third party before your holiday, or whilst you are on holiday/in the resort do not form part of your holiday provided or arranged by us. For any Extras that you book, your contract will be directly with the provider of those Extras (whether the insurance provider, operator of an excursion or tour or the supplier of products and services as the case may be). We are not responsible for the provision of Extras or for anything that happens when Extras are being provided to you by the operator and/or supplier as the case may be. Any extras booked directly with Sandals Holidays on or through our Website or via our contact centre will be covered by our agreement with you. 14. ADVANCE PASSENGER INFORMATION It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities, border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as API. The information you must provide will include, but not be limited to, full name - as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date. Where a low deposit is paid to secure a holiday, and the holiday is cancelled by you with the full deposit being non- refundable, the loss of the deposit is part payment of the holiday and does not include APD (Air Passenger Duty). 14. CONDUCT WHILE TRAVELLING We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff or agents at the point of departure or resort in any risk or danger, on the telephone, in writing or in person. If the captain of your flight or any of the cabin crew or ground staff believe that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, or disembark you from an aircraft. If you are disruptive and prevented from boarding your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay cancellation charges as set out in Section 9. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur. If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, we may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damage or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated. 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 178