Sandals Luxury Caribbean Holidays

cannot accept liability for any business losses including self-employed loss of earnings. 15(i) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) 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. 15(j) 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. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean 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 back to your departure point. 15(k) 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. 16 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 and we reserve the right to alter the prices of any of the travel arrangements shown. You will be advised of the up to date price of your chosen holiday, including the cost of any supplements, fuel surcharges, upgrades or additional facilities (excluding any excursions, as referred to at the section numbered 12 headed “Excursions” above) that you wish to book before your contract is confirmed. Due to the volatility of the supplier’s prices, quotes given can only be regarded as an indication and UCHL can only confirm the price once a booking has been made, as per the confirmation invoice. For arrangements which are not packages, we reserve the right to pass on any cost increases to you in full. 17 GROUP BOOKINGS When booking a Group (5 rooms or more) with Sandals & Beaches Resorts you will receive a separate Groups Contract which will supersede our standard terms & conditions. 18 OTHER IMPORTANT TERMS We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in accordance with section 9 ‘Changes/cancellation by you’ above. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. If a court finds any part of this contract to be illegal, the rest will continue in force. Each of the paragraphs and sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide services, we can still require you to make the payment at a later date. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. Any notice that you need to send us under these Booking Conditions (for example, any notice of cancellation) must be sent to UCHL’s registered address, as set out below: Unique Caribbean Holidays Limited Registered company number: 04122639 Registered trading names: Sandals UK, Beaches UK or Grand Pineapple UK Registered address: 32 Ives Street London Greater London SW3 2ND ABTA membership number: Y6413 ATOL licence number: 11174 BEFORE YOU TRAVEL – IMPORTANT INFORMATION The following local country information and contact details are accurate as at the date of publication. Although we make reasonable efforts to update this information, we make no representations, warranties or guarantees, whether express or implied, that this information (and the wider content on our site) is accurate, complete or up to date. 1 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 Helpdesk on 08000 223030 during the hours of 09.15 - 23.00 Monday - Friday, Saturday 10.00 - 23.00 and Sunday 11.00 - 23.00 and we will endeavour to put things right. Please note we will not reimburse any call charges to our helpdesk service which have been made from a mobile telephone. 2 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. UCHL will have no further responsibility or liability to you. When you book a holiday with UCHL (whether trading as Sandals UK, Beaches UK or Grand Pineapple UK), 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 hold harmless and fully indemnify (i.e. compensate or reimburse on a £1 for £1 basis) UCHL against any claim (including legal costs) made against UCHL 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 liable for any refund, compensation or any other costs you may have to pay. 3 WEBSITE/BROCHURE ACCURACY & SPECIAL OFFERS We publish the information in our brochures and on our website in advance. Prices, special offers and the hotel and general information are accurate at that time however they may have changed since the date of publication. We do check the information regularly and we will endeavour to tell you of any known changes or errors when you book. If you already have a booking, we will advise you of any significant changes as soon as we can. Special offers may be limited, and subject to availability, and in some cases restrictions or conditions of eligibility may apply. As we do not control the supply of special/free offers they can be withdrawn at any time, so please ask for verification of an advertised offer at the time of booking. In addition, there may be some special offers such as airport lounge passes or early booking offers which may apply to your holiday, however to take advantage of these offers you need to let our Reservations Team know at the point of booking as they cannot be added once the booking has been confirmed. 4 CREDIT CARD PAYMENT We accept payment by credit card. If multiple parties are travelling on one reservation and the payment is being split between those parties the name and billing address for each card holder is required. 5 CURRENCY & CREDIT CARDS ABROAD Cash and credit cards now work in most destinations but check with your bank to ensure your choice of card will be accepted when you are on holiday. We recommend you carry at least one credit card, as you will be asked for an imprint of your card upon arrival at any hotel. 6 DATA PROTECTION STATEMENT Please be assured that we have measures in place to protect the personal data comprised within booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may be passed to security or credit checking companies. We will only pass your information on to persons responsible for your travel plans, which may include parties based outside the European Economic Area (depending on your travel plans), where controls on data protection may not be as strong as the legal requirements in the UK. 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 will be unable to process your booking. In making this booking, you consent to this information being passed on to the relevant persons. Please see our privacy policy at www.sandals.co.uk/general/privacy 7 DESTINATION-SPECIFIC INFORMATION BARBADOS REGULATIONS RE CAMOUFLAGE AND/OR MILITARY CLOTHING Important Notice: The wearing of camouflage and/or military apparel is illegal in Barbados. Clothing of this nature will be confiscated, and legal proceedings may arise. SPECIAL REQUESTS If you have a special request for a facility or service e.g. adjoining rooms or low floor, we shall pass these on to the relevant supplier, but we cannot guarantee that it will be met, and we shall have no liability to you if it is not. We cannot accept any booking which is conditional upon special requests being met. 8 FLIGHTS – ADDITIONAL INFORMATION (A) FLIGHT CHECK-IN TIMES (ALL DESTINATIONS) Given the increase in pre-flight security screening the check-in time for all transatlantic flights is 3 hours prior to departure. As the scheduled departure may be brought forward for operational reasons you must re-check your departure time by contacting the airline directly, 24 hours before departure. Recommended check-in time for domestic and regional flights is 2 hours before the scheduled departure times. Many airlines offer on line check-in via their website. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. However, we recommend you check your final flight times on the day of departure. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. (B) FLIGHTS In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at ec.europa.eu/transport/air-ban/list_en.htm . We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause section 9 headed “Changes and cancellation by you” of the Booking Conditions will apply. (C) FLIGHT DELAYS & CANCELLATIONS In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). Please also refer to out section on Complaints and Problems (see above). We cannot accept liability for any delay which is due to any of the reasons set out in section 15(c) of the Booking Conditions. In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements. If your flight is cancelled or delayed, your flight ticket is downgraded, or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in these booking conditions. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to passengercomplaints@caa.co.uk or see www.caa.co.uk – Referring Your Complaint to the CAA. (D) FLIGHT DELAYS & CANCELLATIONS (NON-EUROPEAN UNION CARRIERS & EUROPEAN UNION CARRIERS USING A NON-EUROPEAN UNION CODESHARE PARTNER) Passengers who are travelling with a Non-EU carrier departing from a Non-EU airport are not covered by the EC Regulation 261/2004: Denied Boarding, Cancellation & Delay. This restriction also applies to passengers travelling with a EU carrier who are operating a codeshare flight with a Non-EU carrier and the flight departs from a Non-EU Airport. The EU carriers which we currently use are British Airways, Flybe British European, Thomson Airways, Thomas Cook Airlines & Virgin Atlantic. Please ask us for codeshare details at the time of booking. We strongly recommend that passengers who are not covered by EC Regulation 261/2004 should ensure that their travel insurance provides adequate cover and does not exclude expenses incurred as a consequence of flight cancellation and lengthy delays, including any living costs which may arise due to force majeure situations (see section 11 of the Booking Conditions), particularly those caused by extreme weather conditions. (E) FLIGHT LUGGAGE ALLOWANCE & ADDITIONAL LUGGAGE CHARGES The luggage allowance on intercontinental services varies from airline to airline and cabin class with regards to weight and size. In addition, the vast majority of airlines now permit only one piece of checked baggage free of charge and extra baggage will be accepted on payment of the appropriate charge to the Airline either before or at the time of travel. Some Airlines will charge for all luggage on flights booked as a published fare and also on some US Domestic flights. Please carefully check the Airlines website regarding the applicable baggage charges, allowances and restrictions before you travel, as fees are payable at the time of check-in and they are subject to change. (F) FLIGHT MEAL REQUESTS & IN-FLIGHT CATERING The majority of airlines require at least 48 hours’ notice for any special meal requests, including children’s and vegetarian meals. We strongly recommend that you contact the airline direct, however, such requests cannot be guaranteed. Complimentary in-flight catering and non-alcoholic beverages are usually provided on transatlantic flights only. The knife and fork symbol on the airline documents is purely an indication that food will be available, it does not signify that a complimentary meal service will be offered. 18.1 18.2 18.3 18.4 18.5 18.6 18.7 178