Terms and Conditions
Your contract is with Simpson Travel, the trading name of Far & Wide Ltd (registered address Elizabeth House, Queen Street, Leeds, LS1 2TW. Company Registration Number: 4392264).
Please read the information in our accompanying literature carefully (as reproduced on our website) and check the details confirmed to you of a booking made with us, as these form the basis of your contract. We therefore ask you to read them carefully.
1 YOUR HOLIDAY CONTRACT
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. We reserve the right to correct errors or revise costs at any time prior to issue of the confirmation invoice. We also reserve the right not to accept any booking. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
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 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 contract 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).
2 YOUR FINANCIAL PROTECTION
We are a member of ABTA (No.W5698) and hold an Air Tour Organiser Licence (ATOL) No.5858 Issued by the Civil Aviation Authority. When you buy an ATOL protected air holiday package from Simpson Travel 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 5858. 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.
3 YOUR HOLIDAY PRICE
The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before payment is taken. When you make your booking, you must pay a non-refundable deposit of 30% for villa holidays and 10% for hotel holidays. Should we be required to purchase flight tickets for your booking you will be required to pay the full amount along with your deposit. Certain villas and hotels may require a higher deposit amount and this will be advised to you at the time of booking. If your booking is made within 10 weeks of your intended departure date, the total cost of your travel arrangements must be paid at the time of booking.
The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time, we shall retain your deposit. All monies you pay to a travel agent are held by the travel agent on our behalf. The price of your travel arrangements was calculated using exchange rates quoted in the 'Financial Times Guide to World Currencies' on 7 September 2015 in relation to the following currencies: £1 =1.36 Euros. Please note that the price of your travel arrangements can be varied due to changes in transportation costs, such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser, also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation.
- however, once your booking has been confirmed and the deposit paid, we will absorb any increases up to 2% of the price of your travel arrangements, excluding insurance premiums and any amendment charges. For larger variations than 2%, we have the right to charge you the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges or accept a change of holiday if we are able to offer one (if this is of equivalent or higher quality you will have to pay more but it is of lower quality you will be refunded the difference in price). 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.
4 IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements, for example your chosen departure date, accommodation, flights or names of the party (including spelling errors) we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £25 per person for each change that is made as well as any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, you should therefore contact us as soon as possible.
Note: Certain travel arrangements (e.g. purchase of airline tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.
5 IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 6. We will apply these cancellation charges from the day we receive your written notification. Cancellation charges are in addition to any non-refundable insurance premiums or flights under clause 4. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6 IF WE CHANGE OR CANCEL YOUR HOLIDAY
The arrangements we offer are planned many months in advance and while it is unlikely that we will have to make any changes to them, we must reserve the right to do so. Most of such changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of guests required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than eight weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Please note that carriers such as Airlines used in our brochure and/or website may be subject to change. Such a change is deemed to be a minor change. Other examples of minor 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 a higher standard. We are under no obligation to compensate for a minor change. A major change would include a change of airport (with the exception of changes between London airports) a change of accommodation to that of a lower standard than booked or a change in outward or return departure time by more than 12 hours.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available (we will refund any price difference if the alternative is of a lower value) or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed in this clause.
Cancellation expressed as a % of total holiday cost Compensation pp
70 days or more Deposit* 70 days or more Nil
56 – 69 days 20% 56 – 69 days £10
43 – 55 days 40% 43 – 55 days £20
29 – 42 days 60% 29 – 42 days £30
15 – 28 days 80% 15 – 28 days £40
0 – 14 days 100% 0 – 14 days £50
*Please note that if we have taken an increased deposit in order to purchase non-refundable flight tickets for your booking, this cannot be refunded. If the cost of the deposit is more than 40% of the overall holiday cost, this cannot be refunded.
We have also the right to terminate your holiday if the owners or we find your behaviour to be unacceptable or negligent. In such cases, a refund or compensation would not be due and we would have no further liability or financial responsibility to you. Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
7 IF YOU HAVE A COMPLAINT
It is a condition of our contract that if you have a problem during your holiday, you must inform the relevant supplier (e.g. your hotelier) and our resort representative (or local agent) immediately, who will endeavour to put things right. If, in the unlikely event your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Relations Manager at The Grange, Bank of England Sports Ground, Bank Lane, London, SW15 5JT.
Please give your booking reference and all other relevant information, keeping your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure we 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.
8 WHAT HAPPENS TO COMPLAINTS
We are a Member of ABTA, membership number W5698. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can't resolve your complaint, go to www.abta.com to use ABTA's simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
9 HOLIDAY INSURANCE
It is a condition of our contract that you have comprehensive insurance cover while on holiday. You must provide us with the details of your policy when you book your holiday, or before you travel.
10 SPECIAL NEEDS OR REQUESTS
If you have any specific needs or special requests with your holiday arrangements you must discuss this with us at the time of booking. We will always try to meet your requests where possible, but cannot guarantee their provision. Failure on our part to meet such requests cannot be considered a breach of contract and we are unable to accept any bookings that are conditional on a special request being fulfilled.
11 SEASONAL FACTORS AND FACILITIES
Fewer facilities may be available to guests on holiday in our accommodation or in the local area at the beginning or end of the season due to weather conditions or lack of support. This includes, but is not limited to, swimming pool opening, restaurant opening times and beach facilities. This is usually reflected in the lower season pricing and we cannot be held responsible for their lack of provision, although we shall endeavour, when possible, to advise you of the withdrawal of any facilities if and when we are given reasonable notice.
12 BROCHURE / WEBSITE ACCURACY
Our brochure and website are written and checked by our staff and every effort has been made to ensure that none of the information or descriptions are false or misleading. The photographs in the brochure and website are intended to give an impression only and the company cannot be held responsible for any changes made to furniture, décor or style of a property after the brochure has gone to print or the images have been published to our website www.simpsonexclusive.com.
13 HEALTH AND SAFETY
Some properties are made available to us on a request basis and we are therefore unable to place all our preferred company communication in certain properties. Properties are built to local regulations and are not required to adhere to UK health and safety standards, although thorough UK standard risk assessments are undertaken regularly by our own staff. We do our utmost to ensure that you are made aware of any hazards before booking/travel.
14 SECURITY DEPOSITS
For self-catering properties we require you to lodge a security deposit against any breakages, damage, losses, extra cleaning or outstanding accounts, which you may have incurred during your holiday. If damage to the property exceeds the maximum applicable amount, then you will be responsible for the full cost. This includes any loss to the owners as a result of your negligence, for example leaving windows or shutters unlocked whilst out.
15 OUR LIABILITY TO YOU
If the contract we have with you is not performed or is improperly performed by us or our suppliers, we will consider appropriate compensation if this has affected the enjoyment of your holiday. However, we will not be liable where any failure in the performance of the contract is due to you or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the transportation for your travel arrangements.
b) Any relevant international convention, for example 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 that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Copies of these international conventions are available from our offices on request.
Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.
16 PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your pre-booked and paid for package travel arrangements or a pre-booked excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.
17 PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
18 CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms that affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. This brochure and website are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of their return flight.