Terms and conditions for 20days
All events either UK based or overseas
1. Brochure and website descriptions and prices
All descriptions and illustrations on the 20DAYS website represent the general idea of what 20DAYS has to offer and other related experiences. All information, prices and claims are correct to the best of our knowledge at the time of printing or publishing. We reserve the right to amend the information or prices relating to the products on the website without notice.
2. Supply of Experience
We plan arrangements for your experience/holiday many weeks in advance. Very occasionally changes may be made and we reserve the right to do so. This may involve having to reschedule the timing and/or location of an event, possibly at short notice, owing to availability, booking numbers, safety or other factors beyond our control. Similarly, we reserve the right to withdraw supply of a 20DAYS event without notice. We will try to provide an alternative wherever possible. In the unlikely event that a suitable alternative cannot be found, a full refund will be available.
3. How to book
Please note that the contents of our web site are aimed only at users aged 18 and above, and you must be 18 years or over to make a booking with us. 20Days reserve the right to refuse any booking. The person making the booking guarantees payment of the total amount due on behalf and with the consent of all other persons who are party to the booking.
Once you have chosen the package holiday/event you wish to book please follow the instructions on our website. If you have any questions please contact the office via email or phone and our staff will be delighted to answer any questions you may have. PLEASE NOTE THAT IT IS YOUR RESPONSIBILTY TO READ THESE BOOKING CONDTIONS BEFORE MAKING A BOOKING. By making a booking we presume that you have read, understood and agree to be bound by the booking conditions. When making a booking with us, the party leader guarantees that he/she has the authority to accept on behalf of his/her party members these booking conditions. Please check any documentation carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
4. Conditions of suppliers
All of the services which make up your package holiday and some of the services that make up events are provided by independent suppliers. We act as the booking agent for the suppliers of the component parts of the holiday we advertise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that suppliers standard terms and conditions which can be found on either our website or theirs. By making a booking we presume that you have read, understood and agree to be bound by the booking conditions.
5. Our liability to you for package holidays.
We act as agents for the suppliers of the package holidays we offer. When making your holiday arrangements, we do so as agents for the suppliers of the particular holiday. Therefore once payment has been made all responsibility lies with the supplier of the package holiday. Our liability to you is restricted only to events arising from our own negligence.
6. Liability for non-package holidays
We promise to use reasonable skill and care in the performance of our contractual obligations subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, entertainment or activity as well as using our reasonable skill and care to choosing our providers. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which does not result from any failure to use reasonable skill and care as referred to in clause
Please also note, we cannot accept responsibility for any services which do not form part of our responsibilities. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them for you. This also includes any excursion or activity you book or purchase locally in resort.
You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to or loss of your personal property.
7. ‘Force majeure’
Except where otherwise expressly stated in these booking conditions we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of ‘force majeure’. In these booking terms and conditions ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foreseen or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
8. Passports, visas and health requirements
British citizens require a full ten year British passport valid for at least six months after the end date of the holiday. If you or any member of your party is not a British citizen or holds a non British passport you must check passport and visa requirements with the Embassy or Consulate of the country (ies) to or through which you are intending to travel. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Information on health is contained in the Department of Health leaflet T6 (Health advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E11.
9. Special requests and Medical Problems
Please let us know any special requests you may have at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier concerned we regret we cannot guarantee any request will be met. Failure to meet a special request will not constitute a breach of your contract with us or with our supplier.
If you or any member of your party has any medical problem or disability which may affect your arrangement, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we or the supplier of the service in question reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or if full details are not given at the time of booking cancel when we become aware of these details.
10. Travel insurance
It is a condition of booking with every supplier that you are in receipt of travel insurance which will cover you against unexpected cancellation charges prior to departure and events which may arise during your holiday. It is your responsibility to ensure that the insurance cover your purchase is adequate for your particular needs.
11. Services in resort
Local services such as resort shuttle buses are run by local companies which are unconnected with us or the providers of the accommodation we feature and as such we have no control over them. These do not form part of any contract you have with us and we have no liability whatsoever for these.
12. Safety standards
Please note it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Behaviour
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of your supplier or any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Delay
We regret that we are not in a position to offer you any assistance in the event of a delay at your outward point of departure. However the individual supplier through whom your travel has been booked may be able to do so.
Denied Boarding
Where a flight reservation is downgraded or a flight is cancelled, delayed, or boarding is denied in circumstances that would entitle you to compensation under the Denied Boarding Regulations 2004, then you must claim the appropriate sums directly from the airline. Any sums received by you in this respect represent the full amount of your entitlement to compensation for all matters which fall within the scope of the Denied Boarding Regulations.
14. Prevented from travelling
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified within the timeframe of amending travel documents.
15. Booking alterations
Should you wish to make any changes to or cancel any part of your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, a minimum amendment fee of £25 per person/per booking will be payable together with any cost incurred by ourselves and any costs or charges incurred or imposed by the suppliers. It should be noted that once booked any change to any arrangements you may have made (eg-flights, trains, accommodation, ferries, ski hire and ski passes etc) could make you liable to pay 100% of the cost of those arrangements again for any change made. If you should lose your tickets (and you have purchased these arrangements from us) we will contact the individual supplier and the relevant cost will be payable by you. We cannot control or prevent changes being made by our suppliers.
16. Complaints
In the unlikely event of a complaint arising, the hospitality staff will endeavour to put things right immediately. If your complaint cannot be resolved immediately, please inform us of any complaint you may have relating to any of our Experiences in writing to our Customer Services Department. We will seek to intervene with your supplier on your behalf. We are always looking to improve upon the service we offer. If you have any thoughts of improvements, please write to our Customer Services Department.
17. Refunds
We are only able to offer refunds when customers are legally entitled.
18. Cancellation
Should you or any member of your party have to cancel their booking, 20DAYS must be notified immediately in writing. Your booking can be cancelled subject to payment of the cancellation charges which will be levied by the suppliers. Please see the relevant suppliers terms and conditions for their full force and effect.
Refunds are not usual behaviour however the decision is at the discretion of the Director.
Data Protection:
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address and any special requirements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. The information may also be provided to security or credit checking agencies, public authorities such as immigration if required by them or as required by law. Additionally where your holiday is outside the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to sensitive information that you give us such as details of any disabilities/religious requirements. In making this booking you consent to this information being passed on to the relevant person(s). We will confirm the details we hold about you on request.
Marketing:
We do not share any information with third parties, but we would like to hold your information, where collected by us for our own future promotional purposes. If you do not wish to receive such information in the future please inform us as soon as possible.
Jurisdiction:
This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Waiver part
20days Ltd (registration of company) reserves the right to accept or kindly decline the application of a journey participant at any time, to make changes in the itinerary whenever reputed necessary for the comfort, convenience and safety to all participants and to cancel a trip at any time. In the event that a journey is cancelled by us, 20days Ltd shall have no responsibility beyond the refund of money paid by the participant.
By registering the participant agrees that 20days Ltd shall not be liable for any delay, change in schedule including, delays, rescheduling and or cancellations of flights (for which relevant insurance cover must be arranged before the trip and relevant claim forwarded to your insurance company), loss, damage or injury to property or persons including death or expenses occasioned by any act or omission by any supplier providing services to any program participant.
The undersigned must be in a physical and mental condition appropriate to the activity. He/she must acknowledge all the potential physical and mental risks involved and agree to participate at his/her own risk. The responsibility remains entirely with the undersigned.
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MARK WARNER BOOKING CONDITIONS – Winter Sun 2007/08, Winter sun 2008/9 - Summer 2008
Applicable for departures from 1st November 2007 to 30th April 2009
COMMUNICATIONS BETWEEN US
For bookings made directly with us online we shall send our confirmation invoice and any
applicable amendment or cancellation invoice to you by email. If you have booked directly with us
by phone we shall also send these documents by email if you have indicated at the time of booking that
you would prefer us to do so otherwise we shall send these documents by post. If you contact us by
email (for example with a query relating to your booking), you authorise us to reply using the email
address you have used to contact us. You must accordingly check you r e-mails on a regular basis. Not
all communications can go by e -mail – for example tickets will usually be sent to you by normal post.
We may also contact you by post if we cannot, for whatever re ason, contact you by e-mail or you
have booked directly by phone and have chosen not to be contacted in this way. References in these
Booking Conditions to “send” include e -mail and post, as appropriate. If you wish to and you have booked
direct with us you may contact us by e -mail for any of the reasons mention ed in these Booking Conditions
(for example to request an amendment or notify a cancellation) providing you do so to
administration@markwarner.co.uk . NB If you have booked through one of our authorised travel agents all
correspondence with us must be carried out via your travel agent.
Please note that telephone calls to our reservations department may be monitored/recorded for training and
customer services purposes. Except as set out in clause 14, these Booking Conditions only apply to holiday
arrangements which you book with us in the UK and which we agree to make, provide or perform (as
applicable) as part of our contract with you. All references in these Booking Conditions to “holiday”,
“booking”, “contract”, or “arrangements” mean such holiday arrangements except for the arrangements
referred to in 14 (b) where we act only as agent.
1.Making a booking
Your contract is with Mark Warner Limited (hereinafter called ‘we’ or ‘us’). In all case s, these Booking
Conditions together with our Travel Information and How to Book sections appearing on our website
(www.markwarner.co.uk/how_to_book ) or on pages 103 to 104 in our brochure form the basis of your
contract. References to ‘you’ and ‘the client’ include all persons on whose behalf a booking is made. Please
see ‘HOW TO BOOK’ on pages 103 to 104 in our brochure or on our website
[www.markwarner.co.uk/how_to_book ] for full details. Before making a booking with us, you must ensure
you have read and understood these Booking Conditions (raising any queries you may have with us). By
asking us to confirm your booking, you are liable to be regarded as having had the opportunity to do so and
to have actually done so before a contract between us comes into existence. When you make a booking, the
first named person on the booking must pay us (if booking direct with us) or y our travel agent (if you have
booked through a travel agent) deposits or full payment as applicable (see “HOW TO BOOK” as set out
above) together with all appropriate insurance premiums if required. Please note: if booking direct with us,
deposit payments must be made by either credit or debit card at the time of booking.
A. Bookings made by telephone or in person
A binding contract between us comes into existence when :
1) we (if you book direct with us by telephone) or your travel agent (if you book through one of our
authorised travel agents) have received all appropriate payments at the time of booking (if you choose to pay
by credit or debit card you must have authorised us or your travel agent to deduct the appropriate payments
from your card) or
2) (for bookings made with travel agents only) y ou have agreed that your travel agent will receive all
appropriate payments within 3 working days of your booking having been made
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and
3) we have verbally confirmed the booking to you or your travel agent over the telephone.
In the case of option 2 above, i f your travel agent does not receive all appropriate payments within 3 working
days of your booking having been made at th e latest, we will cancel your reservation without penalty to
either us or you and we will have no further liability to you.
A confirmation invoice will be dispatched to your travel agent or to the first named person on the booking if
you have booked direct with us once a binding contract between us has come into existence as set out above.
B. Online bookings
A binding contract between us comes into existence when we have received all appropriate payments from
you at the time of booking and we have despatched our confirmation invoice to you.
Please note; all bookings are subject to availability.
Full payment less any deposit pre -paid must reach us not less than ten weeks prior to departure. The first
named person on the booking is liable for makin g full payment for all persons named on the booking
(including anyone added or substituted at a later stage). If payment is not received in full by the due date, we
will issue a reminder to you if you are booking direct with us or your travel agent. If, wi thin 7 days of our
issuing the reminder, we have not received full payment, we are entitled to assume that you wish to cancel
your booking and we will retain the deposit paid. If we do not cancel straight away because you have
promised to make payment, you must pay the cancellation charges shown in clause 5 depending on the date
we reasonably treat your booking as cancelled. Should you book your holiday through one of our authorised
travel agents, all monies you pay to the agent for a flight inclusive holi day with us will be held by the agent
on our behalf until they are paid to us or refunded to you . For all non flight inclusive holidays, all monies
you pay to one of our authorised agents will be held by the agent on your behalf until a binding contract
between us comes into existence. After that point, your agent will hold the monies on our behalf.
Please note: all transactions made via credit card incur a 2% handling fee (not applicable to debit cards).
If you are booking within 10 days of the start of your holiday or we have not received payment 10 days prior
to the start of your holiday we will arrange for you to pick up your tickets at the airport (if your holiday
includes flights) providing full payment has by t hen been received. In these instances a ticketing charge
applies of a minimum of £15 per person.
Please carefully read your confirmation invoice, tickets and all other documents we send you as soon as you
receive them. Contact us (if you have booked di rect) or your travel agent immediately if any information
appears to be incorrect as it may not be possible to make changes later. We regret we cannot accept any
liability if we are not notified of any inaccuracy (by us) in any document within 14 days of o ur sending it out
(5 days for tickets). We will do our best to rectify any inaccuracies notified outside these time limits.
However, you will be responsible for any costs and expenses involved in doing so except where we made the
mistake and there is a good reason why you didn’t contact us within the time limit.
2 Medical conditions and disabilities
If you or any member of your party have any medical problem or disability which may affect your holiday,
please tell us (if you are booking direct) or your travel agent before you confirm your booking so that we can
advise as to the suitability of the chosen arrangements. In any event, you must give us or your travel agent
full details in writing at the time of booking. (If you wish to book online you should email or telephone us
with these details prior to making your booking online). You must also promptly notify us of any
deterioration or adverse change in or development of any medical condition or disability which may affect
your holiday. If we reasonably feel unable to properly accommodate the particular needs of the person
concerned, we must reserve the right to decline the booking or, if full details are not given at the time of
booking, cancel when we become aware of these details.
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3 Prices and surcharges
The holiday prices quoted on our website and in our brochure or verbally to you are based on exchange rates
as taken from the Financial Times Guide to World Currencies published on 2nd March 2007 and known costs
on that date. The exchange rates are Euro 1.47 and 1.94 US dollars.
We reserve the right to make changes to and correct errors in advertised prices at any time before your
holiday is confirmed. We will advise you of any changes or errors of which we are aware and of the then
applicable price at the time of booking .
Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or
decrease it in the following circumstances. Price increases or decreases after booking will be passed on by
way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions
set out in this clause, in the event of increases or decreases in transportation costs (e.g. fuel, scheduled
airfares and any other airline surcharges which are part of the contract between airlines (and their age nts) and
the tour operator) and/or in any dues, taxes or fees payable for services such as landing taxes or embarkation
or disembarkation fees at ports or airports and/or where our costs increase or decrease as a result of any
changes in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the increase in our costs exceeds 2% of the total cost of your holiday
(excluding insurance premiums and any amendment charges) will we levy a surcharge. If a ny surcharge is
greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges),
you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for
insurance premiums and amendme nt charges) or alternatively purchase another holiday from us of a similar
standard as originally booked if available (if the alternative is less expensive, you will receive a refund, but if
it is more expensive, you will not be asked to pay any more). A refund will only be payable if the decrease
in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the
decrease in our costs. 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.
You have 14 days from the issue date printed on the surcharge invoice to tell us in writing if you want to
cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we
are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the
cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the
later. We promise not to levy a surcharge within 30 days of departure.
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at
the time of booking.
4 Amendments by the client
All amendments to bookings must be requested by telephone to the After Sales Department on 0871 703
3882 (and confirmed in writing if requested by the After Sales Department) or by e -mail to
administration@markwarner.co.uk or if you have booked through one of our authorised travel agents,
through the agent. If we are able to accept the change we will charge an amendment fee of £20 per person
(maximum £100) per occasion a change is made. Amendment may result in the recalculation of the holiday
price and the loss of previously applicable discounts or other special offers if the amendment means the
conditions applicable to the previous calculation or a discount or other offer are no l onger met (for example,
because the number travelling has fallen below the minimum required) or the basis on which the price was
calculated has changed (for example, because only one person is occupying a twin or double room). Changes
made within 10 weeks of departure and any change of holiday dates will be treated as a cancellation of the
original arrangements by you and cancellation charges will apply as shown in clause 5. However, if the
change is to increase the number of persons booked (without any other change) no amendment fee or
cancellation charges will apply (although you will of course have to pay any increase in the total holiday
cost). Subject to your meeting the conditions set out in clause 5 , no amendment fee or cancellation charges
will apply for a name change where the holiday arrangements otherwise remain exactly as originally booked
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unless flight tickets have been issued. In this case, a £20 per person amendment fee is payable. In addition,
scheduled airlines may treat any change (including a name change) made to a scheduled flight after tickets
have been issued as a cancellation of the original booking and impose 100% cancellation charges. In order to
make such a change in this situation, the full cost of the flight(s) affected mu st be paid again, in addition to
the amendment fee of £20 per person. Please also see clause 5 below.
5 Cancellation by the client
Cancellation shall take effect only when written notification from the first named person on the booking is
received by us or your travel agent. In all cases of cancellation the deposit, insurance premium and any
amendment charges will be forfeited. If the booking is cancelled 10 weeks or less before departure the
following cancellation fees, expressed as a percentage of the to tal holiday cost excluding insurance
premiums and amendment charges, will become immediately payable to us.
Period before Cancellation
departure charge
when we receive per person
your written cancellation cancelling
More than 70 days deposit only
43 to 70 days 30%
29 to 42 days 50%
15 to 28 days 70%
14 days or less 100%
If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not
want to take the holiday, you may transfer t he whole booking or the place on the booking of the person(s)
concerned to someone else/other people suggested by you and acceptable to us providing you meet the
following requirements:-
(a) You must provide us with full details of who cannot or does not want to go on holiday and who you
would like to go instead. We must receive this information from you or your travel agent as applicable at
least 14 days before the start of the holiday.
(b) Please see clause 4 for details of any amendment fees and oth er charges/costs which may be payable.
Any part of the booking not transferred and/or subsequently cancelled will be subject to cancellation charges
as detailed above.
(c) Everyone who goes on holiday in place of anyone who was originally due to travel mu st agree to
these Booking Conditions and any other requirements which apply to the holiday before the change can be
finalised. If the full price should have been paid when the change is requested but hasn’t been, this must also
be paid before the change can be finalised.
Written confirmation from us of cancellation by you will be issued within 14 days of our receiving your
written notification of your wish to cancel. Contact us or your travel agent immediately if you do not receive
this.
You may cancel your insurance by advising us in writing within 10 days of the issue date printed on your
confirmation invoice if it does not meet your requirements, provided that you have not travelled and no claim
has or will be made. After this period, insurance i s totally non-refundable.
6 Alteration/Cancellation by Mark Warner
Arrangements for the holidays on this website and in our brochure are made many months in advance.
Occasionally, we have to make changes to and correct errors in website and/or brochure and other details
before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour
to avoid changes and cancellations, we must reserve the right to do so. However, in no case will we cancel
your confirmed holiday less than ten weeks before departure except where we are forced to do so as a result
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of ‘force majeure’ (as defined in clause 7) or failure on your part to comply with any requirement of these
Booking Conditions entitling us to cancel (such as paying on time). M ost changes are minor. Occasionally,
we have to make a significant change. A significant change is a change made before departure which, taking
account of the information you give us at the time of booking and which we can reasonably be expected to
know as a tour operator, we can reasonably expect will have a major effect on your holiday. The following
changes when made before departure are examples of significant changes:
· a change of your UK departure airport to one which, in our reasonable opinion, is more inconvenient
for you. A change from one London airport to another will not be a significant change (London
airports are Gatwick, Heathrow, Luton and Stansted),
· a change of scheduled departure time by 12 hours or more ( not including flight delays)
· a change of accommodation.
Please note, a change in flight time of less than 12 hours, carrier, type of aircraft (if advised), destination
airport (see also clause 9 below) or resort transfer arrangements will not constitute a signific ant change but
will be treated as a minor change except where otherwise stated in these Conditions. If we have to make a
significant change or cancel, we will advise you or your travel agent as soon as we reasonably can and give
you the choice of the following options if there is time to do so before departure: (a) (for significant changes)
accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard as
originally booked if available (if the alternative is les s expensive, you will receive a refund but if it is more
expensive, you will not be asked to pay any more) or (c) cancelling or accepting the cancellation in which
case you will receive a prompt and full refund of all monies paid to us. If we have to make a significant
change or cancel, we will, if and as appropriate depending on the circumstances and when the significant
change or cancellation is notified to you, as a minimum pay you the compensation set out below subject to
the following exceptions. Compensation is not payable on Advance Registration bookings taken prior to the
publication of this brochure. Compensation will not be payable and no liability beyond offering the above
mentioned choices can be accepted where we are forced to make a change or c ancel as a result of unusual
and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided
even with all due care. No compensation will be payable and the above mentioned options will not be
available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions
entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is a
change which, taking into account the information you give us a t the time of booking or which we can
reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant
effect on your confirmed holiday. No compensation is payable for children aged 2 or under.
Period before Minimum
departure when compensation
we notify you per person
or your travel agent
More than 70 days £20
Between 28 and 70 days £30
Between 14 and 27 days £40
14 days or less £50
Very rarely, we may be forced to change or terminate your holiday after departure but before the scheduled
end of your time away as a result of ‘force majeure’ (see clause 8). In this very unusual situation, we regret
we cannot make any refunds (except where these are obtained from suppliers) or pay any compensation or be
responsible for any costs or expenses incurred by you as a result. If, after departure, we are unable to provide
a significant proportion of the services we had agreed to provide as part of our contract with you, we will do
our very best to make suitable alternative arrangements. If we cannot do so or you refuse to accept these for
good reasons, we will arrange to fly you back to your UK departure airport (if your holiday includes flights)
or to transport you to the point our contracted services commenced (if elsewhere than your hotel) as soon as
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we reasonably can. Except as set out above, you will in addition be entitled to compensation where
appropriate.
7. Denied Boarding Regulations
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in
circumstances which would entitle you to claim compensation or any other payment from the airline under
EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the
compensation or other payment due to you. 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 arra ngements. 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.
8 Important Note – Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or
pay compensation where the per formance or prompt performance of our obligations under our contract with
you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause
11(1) below) as a result of ‘force majeure’. In these Booking Condition s ‘force majeure’ means any event
which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid.
Such events are likely to include war or threat of war, civil strife, riot, industrial dispute, actual or threaten ed
terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of
airports or ports, adverse weather conditions and all similar events outside our control.
9 Travel
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the
existence of a “Community list” which contains details of air carriers that are subject to an operating ban
with the EU Community. The Community list is available for inspection at
http://europa.eu.int/comm/transport/air/safety/flywell_en.htm .
In accordance with EU Regulations 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 6
(Changes and cancellation by us) will apply. 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 t ime.
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 ensur e you have the correct flight times. It is possible that flight times may be
changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
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Any change in the identity of the carrier, flight timings, and/or air craft 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.
In the unlikely event of a change to your confirmed overseas airport, we will o f course arrange for you to be
transported to and from the alternative airport without any additional cost to you.
We cannot be held liable for any delay which is due to any of the reasons set out in clause 1 1 (2) of these
Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails
to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect
on your holiday arrangements. In certain circumstanc es you may be able to make a claim under the insurance
policy arranged by us, if you have taken our insurance, and we would refer you and your party to the terms
of that policy. Notwithstanding the above, Mark Warner and the carrier will make all reasonabl e efforts as
practical to reduce the discomfort suffered by you as a result of the delay. See pages 112 to 113 in our
brochure or (www.markwarner.co.uk/how_to_book ) on our website for details of what is provided in the
event of any delay.
It is your responsibility to ensure that all members of your party are in possession of all necessary travel and
other documents before departure. We regret we cannot accept any liability if you are refused entry onto any
transport or into any country due to failure on your part to carry correct documentation. If failure to have any
necessary travel or other documents results in costs, expenses, fines, surcharges or other financial penalty
being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
10 Damage by and behaviour of the client
Mark Warner and its employees shall be entitled to recover from you the cost (reasonably estimated if not
precisely known) of any damage or loss caused by you either during or after your holiday. If the actual cost
of any damage or loss is less than the amount paid by you at the time where only an estimate could be given,
the difference will be refunded. Any extra must be paid if the actual cost turns out to be more than was paid
at the time. You agree to behave reasonably and not to disru pt the enjoyment of others on holiday with you
or prejudice Mark Warner’s reputation with its accommodation or other suppliers. We reserve the right to
immediately terminate the holiday of any client whose behaviour , in our reasonable opinion or in the
reasonable opinion of any other person in authority , causes or is likely to cause distress, danger or annoyance
to other clients, employees or to any third party or damage to property. In the event of such termination, our
responsibility for the client concerned immediately ceases and we will have no further contractual
obligations towards that person including return travel arrangements. We shall further be under no liability to
make any refunds or meet any costs or expenses incurred by you as a result or pay any compensation.
11 Liability of Mark Warner
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as
applicable as part of our contract with you are made, performed or provided with reas onable skill and care.
This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you
suffer death or personal injury or your contracted holiday arrangements are not provided as promised or
prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable
skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.
Please note it is your responsibility to show that reasonable s kill and care has not been used if you wish to
make a claim against us. In addition, we will only be responsible for what our employees, agents and
suppliers do or do not do if they were at the time acting within the course of their employment (for
employees) or carrying out work we had asked them to do (for agents and suppliers) .
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage,
expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which
were unforeseeable or unavoidable or
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- 'force majeure' as defined in clause 8 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This
includes, for example, any additional services or facilities which your hotel or any other supplier agrees to
provide for you where the services or facilities are not advertised on our website or in our brochure and we
have not agreed to arrange them and any activity or excursion you purchase in resort. Please also see cl ause
14 “Website and Brochure information and outside activities ”. In addition, regardless of any wording used
by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care
as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our
contract - and the laws and regulations of the country in which your claim or complaint occurr ed - will be
used as the basis for deciding whether the services in question had been properly provided. If the particular
services which gave rise to the claim or complaint complied with local laws and regulations applicable to
those services at the time, the services will be treated as having been properly provided. This will be the
case even if the services did not comply with the laws and regulations of the UK which would have applied
had those services been provided in the UK. The exception to this is where the claim or complaint concerns
the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in
question.
(5) As set out in these Booking Conditions we limit the maximum amount we may have to pay yo u for
certain claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including
money), the maximum amount we will have to pay you is the maximum amount payable for the claim in
question under the insurance policy we offer as set out on our website and in our brochure unless a lower
limitation applies to your claim under this clause or clause 1 1(6) below. This maximum limit applies
whether or not you take out our recommended insura nce policy. When dealing with any such claim, we will
use the definitions contained in our policy. A copy of the policy wording can be provided on request.
For all other claims which do not involve death or personal injury, if we are found liable to you o n any basis
the maximum amount we will have to pay you is twice the price (excluding insurance premiums and
amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 11 (6) below. This maximum amount will only be payable where everything has
gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is
based on any travel arrangements (including the process of getting on and/or off the transport concerned)
provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we
will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim
if we are found liable to you on any basis is the most the carrier or hotel concerned would have to pay under
the international convention or regulation which applies to the travel arrangements or hotel stay in question
(for example, the Warsaw Convention as amended or unamended and the Montreal Convention for
international travel by air and/or for airlines with an operating licence granted by an EU country, the EC
Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens
Convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to
make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim.When making any payment, we are entitled to deduct any money which you have received or are enti tled toreceive from the carrier or hotel for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any
description (1) which on the basis of the information given to us by you concerning your booking prior to our
accepting it, we could not have foreseen you would suffer or incur if we breached our contract w ith you or
(2) which did not result from any breach of contract or other fault by ourselves or our employees or, where
9
we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses
(including any loss of earnings incurred by any clients who are self employed)
(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You
must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If
asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever
else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian
must do so). You must also agree t o cooperate fully with us and our insurers if we or our insu rers want to
enforce any rights which are transferred.
12. Airlines and other carriers
When you travel with any carrier, the conditions of carriage of that carrier will apply, some of which may
limit or exclude their liability to you often in accordance with the applicable international conventions (for
examples, see clause 11(6).). Copies of the conditions of carriage are available from the carrier or ourselves.
Our website and our brochure are our responsibilit y. They are not published on behalf of, and do not
commit the airlines mentioned in it or any airline whose services are used for any holiday. Please note that in
accordance with Air Navigation Orders, for a child not to be allocated their own seat on an aircraft they must
be under 2 years of age on the date of their return flight.
13. Insurance
All clients must have insurance which provides at least the same level of cover as our recommended policy
as detailed on our website and in our brochure. Insura nce premiums should be paid at the time of booking the
holiday in order for cancellation cover to be effective from that time. If you do not take out our insurance, we
will not be responsible for meeting any sums which would have been covered by the insura nce. You will
further be responsible for paying to and indemnifying us for such sums which we meet on your behalf.
Please read your policy details carefully and take them on holiday with you. It is your responsibility to
ensure that the insurance cover you purchase is adequate for your particular needs. (Please note most travel
insurance policies (including Mark Warner’s) do not cover hazardous activities such as deep diving and
certain watersports etc. If you intend to take part in any such activities, yo u must obtain appropriate
specialist insurance cover). We do not check alternative insurance policies .
14. Website and Brochure information and outside activities
(a) The information contained on our website and in our brochure is correct to the best of our knowledge at
the time of publication. Our website and brochure descriptions often refer to ‘other activities’ which are
available outside the hotel. These activities are neither run nor controlled in any way by Mark Warner. They
do not form any part of your contract with Mark Warner even where we suggest particular operators/centres
and/or assist you in booking such activities in any way. Accordingly, we regret Mark Warner cannot accept
any liability in relation to these outside activities and clauses 6 and 11(1) of our Booking Conditions will not
apply to them. We do not however exclude liability for the negligence of ourselves o r our employees
(providing they were at the time acting within the course of their employment with us) resulting in your
death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such
activities or about the resorts generally (except where this concerns the services which will form part of your
contract) or that any particular outsi de excursions or activity will take place as these services are not under
our control. If you feel that any of the activities mentioned are vital to the enjoyment of your holiday, write
to us immediately and we will tell you the latest known situation. If we become aware of any material
alterations to resort information and/or such outside activities which can reasonably be expected to affect
your decision to book a holiday with us, we will pass on this information at the time of booking.
(b) Where we or your hotel make or take any booking for or from you in respect of any activity or excursion
available outside the hotel, we or the hotel, as applicable, do so solely as booking agent. This is the case
regardless of whether the activity or excursion is adve rtised or mentioned in our brochure, in resort, on our
website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of
that activity or excursion. Mark Warner has no liability for any such activity or excursi on or for any act(s) or
omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s)
connected with the activity or excursion. If we or the hotel are found liable in any respect for any such
activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the
10
particular activity or excursion concerned. We do not limit or exclude our liability for death or personal
injury arising from our negligence.
(c) Where your hotel makes or takes a booking for or from you in respect of an activity, facility or service
provided by the hotel but which is not advertised in our brochure or on our website and we have not taken
any payment from you for this activity, facility or se rvice, your contract for that activity, facility or service is
directly with the hotel and not Mark Warner. Mark Warner has no liability for any such activity facility or
service or for any act(s) or omission(s) of the hotel or for any of its/their employ ees or agents or any other
person(s) connected with the activity serv ice or facility. If however Mark Warner are found liable in any
respect for any such activity or excursion that liability is limited to the price you paid for the particular
activity facility or excursion concerned. We do not limit or exclude our liability for death or personal injury
arising from our negligence.
15. Complaints
Should you have a problem or complaint at any time during your holiday, you must report it immediately to
the hotel manager and, if applicable, the supplier of any other services concerned who will endeavour to put
things right quickly. Any complaint, which is notified verbally, must also be put in writing as soon as
possible during your holiday. If you remain di ssatisfied, please write to our Customer Service Department at:
Mark Warner Ltd
20 Kensington Church Street
London W8 4EP
or email us at customerservices@markwarner.co.uk within 28 days of your return from holiday, giving all
relevant information. Please include your e -mail address and daytime and evening telephone numbers (if you
are happy for us to contact you in this way) as this will enable us to respond to you more quickly. If you are
not satisfied with our response we must be informed within another 28 days from the date of our
correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation
you may otherwise have been entitled to may be affected or even lost as a result.
16. Special requests
If you have any special requests, please inform us (if you have booked direct) or your travel agent in writing
at the time of booking. Although we will endeavour to pass any reasonable requests on to the rel evant
supplier, we regret we cannot promise that any request will be complied with unless we or your travel agent
(as applicable) have specifically confirmed this to you. For your own protection, you should obtain
confirmation in writing from ourselves or your travel agent on our behalf that your request will be complied
with (where it is possible for us to give this) if your request is important to you. Confirmation that a special
request has been noted or passed on to the supplier or the inclusion of the special request on your
confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and
until specifically confirmed, all special requests are subject to availability.
17. Arbitration
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes
arising out of, or in connection with, this contract which cannot be amicably settled, may (if you so wish) be
referred to arbitration under a special scheme which, though d evised by arrangement with ABTA, is
administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple
and inexpensive method of arbitration on documents alone with restricted li ability on the customer in respect
of costs. The most which can be claimed under the scheme is £5000 per person up to a maximum of £25,000
per booking. It does not apply to claims which are solely in respect of physical injury or illness or their
consequences. The Scheme can however deal with compensation claims which include an element of minor
injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of
this element. The application for arbitration and sta tement of claim must be received by the Chartered
Institute of Arbitrators within 9 months of the date of return from the holiday. Outside this time limit
arbitration under the Scheme may still be available if the Company agrees, although the ABTA Code d oes
not require such agreement. Full details are available on request or from ABTA, 68 – 71 Newman Street,
London W19 4AH. or can be obtained from the ABTA website (www.abta.com).
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18 Jurisdiction
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other
matter of any description which arises between us (except as set out below). We both also agree that any
dispute, claim or other matter of any description (and whethe r or not involving any personal injury) which
arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the
claim in question - see clause 17 ) or by the Courts of England and Wales only unless, in the case of C ourt
proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the
Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or
Northern Ireland, you may choose to hav e your contract and any dispute, claim or other matter of any
description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if
you do not so choose, English law will apply).
19 Data Protection
For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking,
we need to collect certain personal details from you. These details will include, where applicable, the names
and addresses of party members, credit/ debit card or other payment details and special requirements such as
those relating to any disability or medical condition which may affect the chosen holiday arrangements and
any dietary restrictions which may disclose your religious beliefs. If we need any other perso nal details, we
will tell you before we obtain them from you.
We need to pass on your personal details to the companies and organisations who need to know them so that
your holiday or other services you have requested can be provided (for example your airl ine, hotel, other
supplier, credit/debit card or insurance company or bank) to you. Such companies and organisations may be
outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or to involve
suppliers outside these countries. We would also like to store and use your personal details for future
marketing purposes (for example, sending you a brochure or details of a promotion). All details you give us
in connection with your booking (including those relating to any di sability or medical condition or your
religious beliefs) will be kept but we will use only names and contact details for marketing purposes.
If you do not want us to do any or all of these things, please let us know as soon as possible. We are entitled
to assume you do not object to our doing any of the things mentioned in this statement unless you tell us
otherwise in writing.
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you
give us as set out above unless you agree otherwise. We have appropriate security measures in place to
protect this information.
You are generally entitled to ask us (by letter or e -mail) what details of yours are being held or processed, for
what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a
request. We promise to respond to your request within 40 days of receiving your written request and fee. In
certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal
details which we are processing are inaccurate or incorrect please contact us immediately.
Our privacy statement covers websites owned and controlled by us only. Links to other websites and any
information collected by these sites are not covered by this privacy statement.
As our privacy statement may change due to developments in the law, we would encourage you to reread our
privacy statement from time to time so that you are aware of any changes in how we gather and use personal
information.
Our website uses cookies. We may use a feature of your browser called a cookie to assign your computer a
'User ID'. Cookies do not contain information by which Mark Warner can identify you. They identify your
computer to our servers. You may configure your browser so that you are notified before a cookie is
downloaded or so that your browser does not accept cookies. Mark Warner may use information contained in
cookies to make assumptions about the user of the computer and to provi de users of that computer with
focused advertising or content services which Mark Warner believes may be of interest, based on that
information. To disable your cookies, please refer to the help menu within your Internet browser.
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20 Trade Mark
Mark Warner is a trademark registered in Great Britain and Northern Ireland.
Date of Publication November 2007
Mark Warner Ltd Registered in England No 2434787
Registered office 20 Kensington Church Street, London W8 4EP
