Sandals Luxury Caribbean Holidays

BOOKING CONDITIONS The following Booking Conditions together with our [privacy policy and, where your holiday is booked via our website, our [website terms and conditions of use], together with any other written information we brought to your attention before we confirmed your booking govern your agreement with UNIQUE CARIBBEAN HOLIDAYS LIMITED, a company incorporated and registered in England and Wales with company number 04122639, whose registered office is at 32 Ives Street, London SW3 2ND (“UCHL”), trading as Sandals UK, Beaches UK or Grand Pineapple UK. Please read them carefully as they set out your holiday arrangements and 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 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. Where the combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 you will benefit from all EU rights applying to packages. We will be fully responsible for the proper performance of the package as a whole. The Package Travel and Linked Travel Arrangements Regulations 2018 can be found at: www.legislation.gov.uk/uksi/2018/634/contents/made 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 Sandals UK, Beaches UK or Grand Pineapple UK. These Booking Conditions apply only to bookings made after 1 July 2018. Bookings made prior to that date are subject to different terms and conditions, which you agreed to at the time of booking and which are available upon request. 1 OUR ABTA MEMBERSHIP We are 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 assist 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 (see further below). For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see section 14 headed “Arbitration” below), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com 2 FINANCIAL PROTECTION FOR PACKAGE HOLIDAYS The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We hold an Air Travel Organiser’s Licence (ATOL) issued by the Civil Aviation Authority (CAA), ATOL number 11174 (our “ATOL Licence”). When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL 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 your ATOL certificate, will provide you with the services listed on the ATOL certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder (being another travel provider) 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 alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. 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, or the suppliers identified on your ATOL certificate, 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 Fund (the primary source of funding when an ATOL holder fails, administered on behalf of the Air Travel Trust (ATT) by the Consumer and Markets Group (CMG) of the CAA) 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 the ATT 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, 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 the ATOL scheme. 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 package will be created. of which we will be the “organiser”. Your package includes, as applicable, the flight(s), accommodation, car hire and any other tourist services (providing these forms a significant part of the arrangements) which are booked through us within this period of time. Your package will be financially protected by our ATOL Licence and by the ATOL scheme as set out above. If you book arrangements other than a package holiday (e.g. accommodation only), the financial protection referred to above does not apply. 3 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 and the key information relating to the holiday by issuing a confirmation invoice to the lead name by email, using the details the lead name provided (see the section numbered 5 headed ‘Electronic confirmation invoices & electronic travel documents’ below for more detail). Subject to what follows, at the point our confirmation is issued, a binding contract comes into existence between us – see further below. The lead name should check this confirmation invoice carefully as soon as it is received and 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 that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so. The information that you provide to us will be passed on only to the relevant suppliers or other persons necessary for the provision of your holiday. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant suppliers/ persons. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers/persons, whether in the EEA or not, we will be unable to provide your booking. As explained above, a binding contract between us comes into existence when we dispatch our confirmation invoice to the lead name on the booking. We both agree that English Law (and no other) will apply to our 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 the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see section 14 (Arbitration) below) or by the Courts of England and Wales 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 and Wales. 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). 4 BOOKINGS / PAYMENTS In order to confirm a booking a deposit of £150 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 depending upon 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 section 9 headed ‘Cancellations/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 the time of booking. Final payment of the balance of the holiday cost must be received by us 71 days prior to day of departure. In default of payment by the 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. The items you have selected will be detailed on your confirmation invoice. UCHL 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. 5 ELECTRONIC CONFIRMATION INVOICES & ELECTRONIC TRAVEL DOCUMENTS As explained above, confirmation invoices, together with all relevant travel documents will be sent to you electronically using the email address provided by the lead name at the time of booking. We will assume that the email address given is correct, please notify us immediately if there are any changes. Confirmations are issued when all components of your booking are confirmed. You will also receive detailed travel documents approximately 21 days before your date of travel. Electronic confirmation invoices and travel documents may be sent from a different email address to any you have used in correspondence with us, therefore you (the lead name) must check your email account (including your spam filters). If you do not receive your confirmation invoice or travel documents within ten (10) days of travelling, please call our Customer Support Team on 08000 22 30 30 immediately between 09.15-23.00 Monday- Friday, Saturday 10.00 - 23.00 and Sunday 11.00 - 23.00. 6 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. 7 TRAVEL ADVICE It is your responsibility to make sure everyone travelling has valid travel documents (e.g. passport/visa) and has followed health advice. For up to date UK Government travel, security and health advice on a country by country basis please visit www.fco.gov.uk , www.hpa.org.uk and www.nathnac.org . Please see our ‘Before You Travel - Important Information’ section below for more details. 8 INFANTS Infants under the age of 2 years on the date of outbound travel pay a reduced cost (across all cabins) 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. 9 CHANGES/CANCELLATION BY YOU You can transfer your booking to another person (in accordance only with your rights under the Package Travel and Linked Travel Arrangements Regulations 2018), who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are jointly liable for paying all costs we incur in making the transfer. An administration charge will be made of £50 per person for such requests. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. You must request any changes other than a transfer of your booking that 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 by you along with any additional costs imposed by any of our suppliers. 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 and any reimbursement due to you in connection with such cancellation will be made within 5 days. 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. Ifyouhavebookedapackage,youhave theright tocancelyourconfirmed package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the package or significantly affecting transport to the destination. In these circumstances, we shall provide you with re-imbursement of the monies you have paid in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity and for the avoidance of doubt “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. 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 we reserve the right to pass these costs onto you in full such that 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. 10 CHANGES AND CANCELLATION BY US UCHL 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 (i.e. by reason of “force majeure” – see the section numbered 11 below). If we make an insignificant change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant changes include alteration of your outward/ return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the hotel. Please note that carriers such as airlines may be subject to change. Occasionally we may have to make a significant change to your confirmed Travel Arrangements. 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 ex-tended period. If we have to make a significant change or cancel your holiday due to a significant change, 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: 1. (for significant changes) accepting the changed holiday; or 2. having a refund of all monies paid; or 3. accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or 4. if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original holiday and the alternative holiday. You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we may either assume that you have chosen to accept the change or alternative holiday or cancel your holiday. 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 Deposit Only 70 - 57 days 30% 56 - 37 days 50% 36 - 22 days 70% 21 - 15 days 90% 14 - 0 days / No Show 100% 176