Booking Conditions for inclusive package bookings made with CruiseNation, UnbeatableFlorida & UnbeatableHawaii - Please read carefully.
1. YOUR HOLIDAY CONTRACT - Your contract is with Cruise Nation, UnbeatableFlorida, UnbeatableHawaii which are trading divisions of Hays Travel Ltd, 25 Vine Place, Sunderland Tyne & Wear SR1 3NA Company Reg No. 1990682, and is a registered member of ABTA (ABTA No. L5791) Cruise Nation, UnbeatableFlorida and UnbeatableHawaii operate under ATOL No. 10531 and provide financial protection to clients in the event of failure of Hays Travel Ltd. This contract will be subject to English Law and the jurisdiction of the English Courts.
2.BOOKING Your booking with us becomes effective when you have paid a deposit and any applicable insurance premiums, booking fees and we have issued your confirmation invoice. Please check your confirmation invoice carefully when you receive and advise us if you think anything is wrong since this confirmation invoice details what we have agreed to provide. Please note: It will be assumed that the lead name on the confirmation invoice has accepted these booking conditions on behalf of all the passengers included in the confirmation invoice.
3.PASSPORTS AND VISAS It is your responsibility to ensure that you have a valid passport and any necessary visas. We will not accept liability for any additional costs arising from your failure to meet with these requirements.
4.DEPOSIT PAYMENT A deposit to be advised per passenger and any applicable insurance premiums and booking fees must be paid at the time of booking. Under certain circumstances a larger deposit may be required which will be advised to you at the time of booking. These circumstances include, but are not limited to, holidays which include a cruise arrangement or flights on charter, Low Cost or scheduled airlines where the applicable air fare or cabin upgrade requires an additional deposit. Even when a larger deposit is not required for a holiday including a cruise arrangement please not that a cruise cancellation may be levied in addition to the cancellation charge on the other elements of the holiday.
5.BALANCE PAYMENT The holiday balance payment due must be received by us up to 14 weeks before your date of departure. If you make a booking less than 12 weeks before the departure date then full payment of the holiday costs and any applicable insurance premiums, booking fees and credit card charges must be made at the time of booking. Please note that late bookings may also incur a late booking fee of which you will be advised at the time of booking. If payment is not received within these timescales then we may cancel the booking and apply appropriate cancellation charges. Please note that any applicable insurance premiums, booking fees and credit card charges are not refundable and are excluded from any calculation of cancellation charges.
6.TRAVEL DOCUMENTS - Travel documents will not be released until full payment has been received by us and wherever possible will be provided in good time prior to your date of travel but if this is not possible then arrangements will be made for their collection at your point of departure.
7.HOLIDAY PRICE The price of your holiday is as shown on your confirmation invoice but we reserve the right to alter that price of your holiday where changes occur in exchange rates or transportation costs including the cost of fuel, dues, taxes such as landing or security taxes or embarkation or disembarkation fees at ports and airports.
We will absorb and you will not be charged for any increase up to the equivalent of 2% of the holiday price excluding insurance premiums, amendment and part cancellation charges and credit card charges. You will be charged for the amount over and above that plus an administration fee of £1.00 per person. If this means that you have to pay an increase of more than 10% of the holiday price you will have the option of either cancelling the holiday and receiving a full refund of all monies paid except for amendments and part cancellation charges, booking fees and credit card charges, or accepting a change to another holiday. If we are able to offer one equivalent quality you will not be required to pay any more but if it is of lower quality you will be refunded the price difference. If you decide to cancel your holiday then you must exercise your right to do so within 14 days from the issue date of your surcharge invoice. Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday price then a refund will be paid to you. However please note that travel arrangements are not always purchased in local currency and some apparent currency changes may have no impact on the holiday price due to contractual and other protection in place.
Please note that some hotels make daily local charges for additional room facilities e.g. an in-room safe or for general resort facilities and for car parking. These charges are not pre-payable and are not included in your holiday price but are advised at hotel check-in and payable locally. Most villa management companies and some self-catering units require a refundable breakage deposit, normally up to $200 to $300, payable locally by means of a card imprint or cash payment.
8.SPECIAL REQUESTS We will endeavour to pass on requests, e.g. flight seat location, special meals or hotel room location made to us at the time of booking and at least 30 days prior to departure. We regret that such requests cannot be guaranteed and therefore compensation claims will not be considered if your request is not honoured.
9. CANCELLATION BY YOU - We start to incur costs and liability to suppliers for your holiday from the time your booking is confirmed. So if you cancel your holiday we make a charge to reflect these costs and liabilities. These supplier liabilities include but are not confined to cancellation charges levied by airlines, other transportation companies, hotels, cruise lines and attraction suppliers. The level of supplier cancellation charges are specified in the suppliers own booking conditions. The nearer the cancellation is to your departure date then the greater the cancellation charges will be. Please note your cancellation can only be accepted if it is in writing from the lead name on the booking. Cancellation will be effective from the date it is received. Please note that in the event of cancellation by you no insurance premium, booking fee or credit card charge will be refunded.
10. CHANGES BY YOU - Any change you wish to make to your confirmed booking must be submitted in writing by the person shown as the lead name on our booking confirmation, to be received by us no less than 56 days before departure and be accompanied by payment of the applicable amendment fee. We will do our best to arrange the change you request subject to availability and subject to the payment of the amended fee and any additional holiday costs arising from the change. Please note that with certain suppliers e.g. low-cost airlines such changes may not be permitted.
11. CANCELLATION BY US In the unlikely event that cancellation of your holiday by us becomes necessary, other than for reasons of force majeure, we undertake that notice of cancellation will be given prior to the date when the balance payment for your holiday is due. You will be notified as soon as possible of a cancellation and subject to availability you will be offered the choice of an alternative holiday of comparable quality or a full refund of all monies paid.
12. CHANGES BY US If we find it necessary to make a material change to your holiday before departure then we will notify you as soon as possible. A material change is for example one involving a change of destination resort, a change to accommodation of a lower classification, a changed of confirmed flight times by more than 12 hours to your outbound or return flight or a change of airport (other than between Gatwick and Heathrow, Cardiff and Bristol or between Orlando International and Sanford, Gerona and Barcelona). A change of airline or aircraft type or en-route stops, a change of in-flight cabin location or facilities or upgrade benefits or where a change of airport plus transportation results in a delay of more than 12 hours will not be considered a material change. If a material change to your holiday is necessary you will be offered the option to accept the change or choose an alternative from our programme subject to availability and the acceptance of any holiday price adjustment or cancel the holiday and receive a full refund of all monies paid.
13. COMPENSATION FOR CANCELLATION OR CHARGES BY US If we cancel or make a material change to your holiday and you accept the offered change or alternative holiday then we will pay you compensation in accordance with scale A in the table. If you decide to accept instead a refund of your holiday cost then we will pay you compensation in accordance with scale B.
|Times before departure when cancellation notice is received||Compensation for passenger|
|Scale A||Scale B|
|More than 56 days||Nil||Nil|
|14 days or less||£30||£15|
Please note that *children or adults travelling at reduced prices receive compensation on a pro-rata basis.
14. FLIGHT DELAYS Unfortunately, flight delays do sometimes occur. These are beyond our control and any resultant arrangements during the delay will be the responsibility of the airline. If you have taken out our recommended personal travel insurance then you maybe eligible to claim compensation for the delay under certain circumstances.
15. PERSONAL TRAVEL INSURANCE We strongly suggest that you arrange adequate travel insurance cover for you and your party from the time of booking. If you have purchased travel insurance from us then you and all members of your party must read the insurance schedule of cover carefully as the policy contains a number of restrictions of cover including pre-existing medical conditions of the party travelling and also of any close relatives or friends whose health may lead to cancellation or curtailment of the holiday. If in any doubt you must contact the insurers direct. Take your insurance schedule on holiday with you. If you have booked alternative insurance then check with your insurer as similar conditions may apply.
16. COMPLAINTS If you have cause for complaint whilst on holiday you must advise our local representative or agent and the relevant supplier of the service immediately since the opportunity will then exist to resolve the problem on the spot. If they are unable to resolve the problem then obtain a Holiday Report Form from our local representative which you should complete, they should sign and you should retain a copy. On your return home if you wish us to consider your complaint further then send us a copy of the Holiday Report Form together with your booking reference and any additional comments you wish to make to Cruise Nation, Customer Service Department, Suite 14a, Henley House, Queensway, Fforestfach, Swansea SA5 4DJ. You should do this within 28 days of your return home so that any investigation can take place whilst memories are still fresh and failure to do so may affect your rights under your contract.
We undertake to deal with your complaint promptly and fairly. However, if you fail to follow this procedure then we cannot accept responsibility, as we will have been deprived of an opportunity to investigate and rectify the problem. In the unlikely event that your complaint is not resolved to your satisfaction you may wish to consider referring to Arbitration under an ABTA scheme administered totally independently by the Chartered Institute of Arbitrations. The scheme is simple and inexpensive being based on documents alone and your liability for costs is limited. The scheme is not available for claims greater than £5,000 per person or £25,000 per booking; nor does it apply for claims, which are solely, or mainly in respect of injury or illness. Full details of the scheme can be obtained from ABTA, 30 Park Street, London, SE1 9EQ. As members of ABTA we are legally bound by the decision of the appointed Arbitrator.
17. CONDITIONS OF CARRIAGE Your holiday may include international carriage by air and sea and the terms and conditions of carriage of the airline and cruise line apply which are themselves the subject of international agreements and which may limit or exclude liability. We will provide a copy of these conditions on request.
18. FORCE MAJEURE - We accept no liability to pay compensation in respect of any loss or damage or changes arising from unforeseeable circumstances beyond our control or that of our suppliers including (but not limited to) war, or threat of war, riots, civil strife, industrial disputes, airline technical problems, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions.
Your Financial Protection
When you buy an ATOL protected air holiday package from Hays Travel Limited, trading as Cruise Nation, Unbeatable Florida & Unbeatable Hawaii 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 10531. 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.
Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.