Page 159 - Africa Collection Online Brochure for Travel Agents and Travellers

BOOKING CONDITIONS
8. 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 take the appropriate measures. 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 all 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 of death, bodily injury or illness, shall be limited to a maximum of 1.5 times the cost of your travel arrangements. Any such claims must be notified in writing within 60 days and it is a condition that you give Africa Collection and our insurers your full co-operation, as well as assigning your rights to pursue any third party.
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. These terms are incorporated into this contract; and
(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. You can ask for copies of the transport contractual terms, or the international conventions, and these will be provided to you on request.
9. Force Majeure
Africa Collection shall not be liable for any failure to perform the contract which is due to circumstances beyond the control of Africa Collection or our suppliers, including but not limited to; war; the threat of war; riot; civil strife; industrial dispute; terrorist activity and its consequences; natural and/or nuclear disaster; fire; adverse weather conditions; epidemics and pandemics; technical problems with transport; closure or congestion of airports,
ports or roads.
10. Complaints and Arbitration
Problems or dissatisfaction with any of the accommodation or services we have arranged for you should, in the first instance, be brought to the attention of the establishment or service provider manager. Failure to do so will limit the opportunities for Africa Collection to seek redress on your behalf. If you wish to follow up with Africa Collection, please do so within 21 days of your return to the UK.
We are a Member of ABTA, membership number Y5882. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with 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 request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. We are also members of AITO (the Association of Independent Tour Operators) who operate a similar scheme, further information can be found at www.aito.co.uk.
11. Bookings made through travel agent
If you book through an agent, any money that the agent accepts from you is held by that agent on behalf of and for the benefit of the Trustees of the
Air Travel Trust at all times but subject to the agent’s obligation to pay this to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted by the agent, will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
12. 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.
13. Travel Insurance
We strongly advise that you have adequate insurance cover in place at the time of making your booking. Your insurance should include cover for cancellation or curtailment of your holiday as well as the cost of repatriation in the event of death, accident, injury or illness.
14. Brochure and/or website accuracy and images
Every effort has been made to ensure that the information contained in our brochure and on our website is accurate, and that the images use reflect the current appearance of the hotel and its surroundings. However, please bear in mind that the brochure may have been produced some time before you travel, and that hotels and their surroundings change periodically, sometimes without our knowledge. E&OE.
Please Note
The Booking Conditions may change over the lifetime of this brochure.
Please contact us for the most up-to-date Booking Conditions or visit our website - africacollection.com
01403 256655 africacollection.com
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