4. IF WE WANT TO CHANGE OR CANCEL YOUR HOLIDAY
If we change your holiday before your departure
We hope and expect to be able to provide you with all the accommodation and/or services we have confirmed to you at the time of booking but please bear in mind that these are provided by independent Travel Providers over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor and we will advise you or your travel agent of them wherever possible. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating any flight booked with us. We do this by stating the carrier on your booking confirmation documents. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward or return flight by less than 12 hours, changes to aircraft type or change of your accommodation to another of the same standard and any and all measures similar to those set out in Clause 8 of these Booking Conditions.
Occasionally we have to notify customers of a significant change that we are constrained to make to the main characteristics of their holiday, or where we cannot fulfil any of your special requirements which we have accepted. Significant changes include (but are not limited to) a significant change of destination; a change in accommodation to that of a lower category; a change in the time of your departure or return flight by more than 12 hours; a change of UK departure airport (excluding changes between London airports).
In the unlikely event that we have to make a significant change to your travel arrangements, we will tell you as soon as reasonably possible. You will then have the option to:
accept the proposed change. If this results in a holiday of lower quality or cost, you may be entitled to a price reduction in accordance with Clause 7 below;
reject the proposed change and terminate your holiday with a full refund; or
reject the proposed change, terminate your holiday and take an alternative one if we decide to offer this. If you decide to take an alternative holiday, we will inform you of its impact on the price of your booking. If the alternative holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Clause 7 below.
Where possible, we will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the change. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the holiday and provide you with a refund.
If you decide to reject the proposed change and terminate your holiday with a full refund, you may also be entitled to compensation in accordance with Clause 7 below. Where a Package Holiday has been booked, you will also be entitled to minimum compensation as detailed below unless the change occurs as a result of Unavoidable and Extraordinary Circumstances.
|Period before departure within which a significant change is notified to you or your travel agent
||Compensation Per Person
|More than 60 days:
|60 - 46 days:
|45 - 35 days:
|34 - 15 days:
|14 - 0 days:
Any children not paying the full adult fare will receive 50% of these amounts.
In the case of accommodation-only bookings we will not be responsible to pay any compensation following a change by us. However, in addition to the alternatives set out at Clause 4.3 above, we may also offer you replacement accommodation of a higher standard than your original booking. In this event please note that you will be required to pay the increase in cost if the replacement is advertised at a higher price than your original booking.
In the case of gulet & yacht charters, we will not be responsible to pay any compensation following a change by us. If the owner of the vessel fails to deliver the vessel to you at the agreed time and place, or in the event that it is unable to put to sea, then the owner shall have a period of up to 48 hours to deliver or fix the vessel before the provisions set out at Clause 4.3 above come into force. You will be entitled to a refund of the cost of the charter at a pro rata daily rate or, if it be mutually agreed, the owner shall allow a pro rata extension of the charter period. In addition to the alternatives set out at Clause 4.3 above, we may also offer you a replacement vessel of a higher standard than your original booking. In this event please note that you will be required to pay the increase in cost if the replacement is advertised at a higher price than your original booking.
Changes due to Unavoidable and Extraordinary Circumstances
We will not be liable to pay any compensation if we are forced to cancel or in any way change your travel arrangements as a result of Unavoidable and Extraordinary Circumstances.
If we cancel your booking
On rare occasions, we may have to cancel your booking and we reserve the right to do so. However (subject to Clause 4.11 below) we will not cancel your booking within 60 days of departure unless it is for a reason outside our control or failure by you to pay the final balance on time. If we have to cancel your booking in circumstances other than your failure to pay, we will offer you:
alternative travel arrangements of comparable standard and price, if available;
travel arrangements of a lower standard and a refund of the difference in price; or
a full refund of all monies paid.
In the event that you choose an alternative arrangement, these Booking Conditions will still apply to that alternative booking.
Compensation as offered for 'significant changes' will also be paid for Package Holidays unless the holiday is cancelled because you have failed to pay on time or as a result of Unavoidable and Extraordinary Circumstances. However, no compensation is payable if the holiday is an escorted or group tour which may be cancelled by us before departure because the number of persons who agreed to take it is less than the minimum number required for that particular travel arrangement and you are informed of the cancellation in writing within the period indicated in the description of the booking.
In the case of accommodation-only bookings and gulet & yacht charters, we will not be responsible to pay you compensation following a cancellation by us, nor shall we be liable for any amendment or cancellation fees you incur in terms of other arrangements you have made under separate contracts with third parties. However, in addition to the alternatives set out at Clause 4.9 above, we may also offer you replacement accommodation or a replacement vessel of a higher standard than your original booking. In this event please note that you will be required to pay the increase in cost if the replacement is advertised at a higher price than your original booking.