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1. Your Contract
Your contract will be with Elegant Travels Limited
(herein referred to as “the company” or “Elegant Travels
Ltd”) which holds an Air Travel Organisers License (ATOL 9438)
for your financial security.
When booking travel arrangements our contract with you begins when we receive your payment of a deposit or full payment and we have sent an invoice to you as confirmation of this. Once the contract is made we are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them. In parties of two or more people the person who makes the booking, accepts responsibility for making payments to us for all members of the party.
2. How to make a booking
To secure a booking the company initially
requires notice from you of your booking request. The booking will
only be secured
once both you and the company have confirmed
the travel arrangements and the company is satisfied that the correct
deposit/payment has been
received.
3. Payments and Deposits
For holiday, flight, hotel or insurance only bookings,
the full payment must be made immediately after you and
the company have confirmed the travel arrangements.
For group bookings with 15 people or greater, a deposit of 60% of the
total cost of a booking is required for all bookings taken more than
180 days (about 6 months) before departure. The balance of the cost of your travel arrangements
must be paid at least 90 days (about 4 months) before departure and if it is not paid
by that point your booking and contract with us will be cancelled and
we will retain deposits made for the booking. If you make a booking
within 90 days of your departure date then you must pay the full cost
at the booking stage.
Package holidays and flight only fares may
be based on instant purchase tickets or ticketing deadlines soon after
purchase. If a booking is made on such a fare, full payment for the
flight or flight inclusive element of the package will be required
in accordance with these restrictions. You will be notified by a member
of our reservations staff if you have booked such a fare.
4. Additional Charges
We reserve the right to change our prices at
any time before you book. If we do you will be told of the revised
price applicable to your booking before you commit yourself.
Payment By Credit Card
All payments made using MasterCard or Visa
will carry a 2.5% surcharge and American Express
a 4% surcharge.
If the payment is made by third party card (card belonging to someone other than the Lead Passenger) then our third party authrisation form must be completed and fax back to us with both side of the card showing clearly. The third party authrisation form can be obatined from a member
of our reservations staff.
Also, note that if payment is made by a credit or debit card, then all travel documents will be posted to the registered card holder's address only.
We will not accept Credit Card payment if the date of payment is within 45 days of your departure date. In this case you must make payment using either cheque, bank transfer or cash. Payment by cash can only be accepted at one of our offices.
As soon as you have paid your deposit
or full payment, your holiday arrangements have been confirmed and
we have sent an invoice to you as confirmation of this, we guarantee
that the price of your holiday will not be subject to any surcharges
excepting for :-
(i) variations in transportation costs, including
the cost of fuel;
(ii) variations in dues, taxes or fees chargeable
for services such as landing taxes or embarkation or disembarkation
fees at ports and airports.
If the above price variations increase the
price of your holiday by more than 10% you
will be entitled to;
i) take our offered substitute package of
equivalent or superior quality if we are able to provide one
ii) take our offered substitute package of
lower quality if we are able to provide one
and accept a refund from us of the difference in price between the
price of the package purchased
and the substitute one offered
iii) cancel your holiday with a full refund
of all monies paid
We do not pay compensation or permit cancellation
of travel arrangements where any changes
to the price of your holiday occurs by reason of unusual and unforeseeable
circumstances
beyond our control or that of our suppliers,
the consequences of which could not have been avoided even if all
due care had been exercised
such as war, a state of war, riot, fire,
civil strife, industrial action, terrorist activity, natural or nuclear
disaster, adverse weather conditions
or other conditions amounting to force majeure.
In these circumstances we will also not pay any resulting expenses
or additional costs. 4.1 Despatch
If tickets are lost or delayed in the post,
airlines will make a charge for reissue. We
therefore recommend that all tickets are sent
by registered post. A charge of £5 per booking
is made for this service, if only airline tickets are purchased. For
holiday bookings with flights, initial posting of the tickets will
be FREE of charge. Any subsequent posting, a charge of £5 per
booking is made for this service. If clients
decline this service they will then be responsible for any additional
charges arising from lost
or delayed tickets. 5. Changes by us to, or cancellation by us of, your travel arrangements
It is very unlikely that we will have to make any changes to, or to
cancel, your holiday. However, we do plan arrangements a long time
in advance and we use the services of independent suppliers, such as
hotels, airlines etc., over whom we have no direct control. If it is
the case that changes need to be made, or we need to cancel your arrangements,
we reserve the right to do so at any time. Most of these changes are
minor, and we do not pay compensation for minor changes, but whenever
possible we will advise you. Any flight timings and carriers in the
brochure or on our websites are subject to change as a result of airline
procedures and these details are given for guidance only. Final details
will be shown on your tickets.
If a SIGNIFICANT CHANGE to your holiday occurs
or becomes necessary, we will inform you as soon as possible if there
is time before departure. When a SIGNIFICANT CHANGE occurs (such as
a change of resort, hotel or a change of flight time of more than 12
hours) or we have to cancel your arrangements, you will have the choice
of:- i) accepting the change of arrangements
ii) taking our offered substitute package of
equivalent or superior quality if we are able to provide one
iii) taking our offered substitute package
of lower quality if we are able to provide one and accept a refund
from us of the difference in price between the price of the package
purchased and the substitute one offered
iv) cancelling your holiday with a full refund
of all monies paid
We do not pay compensation or permit cancellation
of travel arrangements where any changes to the price of your
holiday occurs by reason of unusual and unforeseeable circumstances
beyond our control or that of our suppliers, the consequences of which
could not have been avoided even if all due care had been exercised
such as war, a state of war, riot, fire, civil strife, industrial action,
terrorist activity, natural or nuclear disaster, adverse weather conditions
or other conditions amounting to force majeure. In these circumstances
we will also not pay any resulting expenses or additional costs.
6. Changes by you to your travel arrangements
If after our confirmation has been issued you wish to change any part
of your travel arrangements, we will make every effort to help you
do this, subject to availability and the type of ultimate product suppliers
(airlines, car-hire companies, hotels etc), you have chosen and their
cancellation/change charges details of which will be provided to you
on request at any time including prior to booking. If you want to change
any details regarding your flight reservation, airline rules mean that
we may have to cancel your original flight and purchase a new one and
you will be required to pay the full flight cost again. Please note
for flights some airline rules and systems mean that it is impossible
to transfer a seat to another person.
We will charge you an administration charge
of £75.00 per booking for flight inclusive arrangements and £40.00
per booking for ground only arrangements, and
you will be liable to pay the hotel, car-hire, airline or other ultimate
product charges
resulting from your changes. NB: Once Airline
Tickets are issued, usually 28 days prior to departure, changes are
not permitted. Changes after
airline tickets are issued will result in a
100% cancellation charge.
7. Cancellation by you
If you wish to cancel your travel arrangements for any other reason
than for their being additional charges (see
clause 4) or alterations (clause 5) we must be notified in writing.
The cancellation will take
effect from the day we receive written confirmation
from you. As this incurs administrative costs we will retain your deposit
(and insurance
premium if applicable) and you will be additionally
liable for the cancellation charges levied on us as a result of your
cancellation
by the airline, hotel, car-hire company or
other supplier involved in your booking, in regard to which we will
take all reasonable steps
to ensure are kept to a minimum.
After ticket issue cancellation will result
in loss of 100% of total cost of all travel
arrangements in most cases.
8. The Company's Liability to you
We accept liability for matters which arise as a result of our negligence
and/or breach of our contractual duty to exercise care in making arrangements
for you, including any acts or omissions by our employees or agents.
We also accept liability for any negligent act or omission of our suppliers
who may operate elements of your holiday arrangements, including any
claim involving death, personal injury or illness. However, in respect
of carriage by air, sea and rail the company limits its liability to
the extent of the relevant international convention. You are subjected
to the terms and conditions of the carriers concerned some of which
exclude or limit liability in respect of death, injury, delay and loss
or damage to baggage. It is also important to note that if delays diversions
or rescheduling or cancellation of your arrangements occurs by reason
of unusual and unforeseeable circumstances beyond our control or that
of our suppliers, the consequences of which could not have been avoided
even if all due care had been exercised such as war, a state of war,
riot, fire, civil strife, industrial action, terrorist activity, natural
or nuclear disaster, adverse weather conditions or other conditions
amounting to force majeure we will not be liable. In these circumstances
we will also not pay any resulting expenses or additional costs.
The company does not accept liability for travel
documents which are not received due to failure of a third party supplier
to fulfil their obligations e.g. the post office, courier etc.
9. Claims and Complaints
If you have a complaint whilst on holiday you must tell the relevant
supplier (e.g. hotel) or our agent immediately. Most problems can be
solved on the spot but if after you return home you are still not satisfied
you must write to our Customer Relations Department at 169 High Street, Barnet, Herts, EN5 5SU, within 28 days of your return.
10. Brochures and Web-Sites
Every effort has been made to ensure the accuracy of descriptions
and information. However, we are not always able to control all the
components of the holiday arrangements and it is possible that an advertised
facility may be withdrawn or changed, due to weather conditions, lack
of demand or for maintenance, renovations etc.... We will advise you
if we become aware of a major change. We will make all reasonable efforts
to inform you of any changes at any stage in your booking prior to
travel. We will advise you if we become aware of a major change eg
a change of resort, hotel, or a change of flight time of more than
12 hours, and if any major changes occur after you have confirmed booking
you should refer to clause 5 of these Terms and Conditions for the
options available to you in these circumstances.
11. Passport/Visas
It is your responsibility to comply with all passport, visa and health
requirements and to any loss which may arise due to failure to comply.
12. Insurance
The customer must in all cases take out adequate travel insurance
through the company or other approved insurance supplier.
13. Data Protection and Privacy
Please find below our privacy policy which shall be deemed to be incorporated
into these terms and conditions. Elegant Travels Ltd takes the privacy
of its customers data very seriously. Please read the following policy
to understand how we will treat your personal data after it has been
collected by us through your use of one of our distribution channels.
Those distribution channels will include our website, our WAP, PDA
and digital TV services our Interactive Voice Recognition software
and other channels as they evolve. If this policy changes then we will
let you know via our homepage but we assure you that we only use your
data as specified here and for our legitimate business reasons.
When do we collect data?
We can collect data on you from a variety
of different sources these include.
1. When you purchase products or services
from the site or via any of our other distribution channels;
2. When you become a subscriber;
3. When you speak to our customer services
personnel;
4. Via explicit data capture measures, for
example by entering competitions and completing
surveys; and
5. Via implicit data capture measures such
as studying which pages you read the most
and the use of cookies.
In any of the above cases the data we collect
could be personal data.
What do we do with your personal information?
When you buy anything via the site or give
us any personal data as indicated above,
we may need to collect information about you to process the transaction,
fulfil your order and provide
you with the services you expect then and
in the future. This information may include, but is not limited to,
details such as your name, your
address, your phone number and your credit
card details.
Unless we have your express consent we will
only disclose personal data to third parties
if this is required for the purpose of completing your transaction
with us. This is of course
subject to the proviso that we may disclose
your data to certain permitted third parties, such as members of
our own group, our own professional
advisers who are bound by confidentiality
codes, and when we are legally obliged to disclose your data.
By becoming a subscriber you consent to receive
from us by e-mail our e-newsletter and details
of other special offers which we may think may be of interest to
you. Elegant Travels Ltd retains
and uses your personal information to provide
you with the best remote commerce (including electronic and mobile
commerce) experience by providing
you with a personalised service and to give
you details of offers which we think will be of interest to you.
We may also use the information
to process any transactions you undertake
with us and for internal administration and analysis. For quality
assurance and training reasons
we record most of the calls you make to us.
We do not sell, rent or trade your personal
information to third parties for marketing
purposes without your express consent.
For any of the above purposes we may send
your information internationally including to countries outside the
EEA.
Some of these jurisdictions offer differing
levels of protection of personal information, not all of which may
be as high as the UK.
Cookies
Cookies are small files which are sent to
your browser and stored on your computer's hard disc. Whenever you
visit
www.travelSriLanka.co.uk and unless you elect
not to receive cookies, then your computer will store an identifying
code in the cookie which
may mean you do not need to type in your
email address each time you return to the site. Other than this,
we do not store your password
or any other information in the cookie, or
use it for any other purpose. Our third-party advertiser may place
or recognise a unique cookie on
your browser. You can at any time set your
browser to notify you before you receive a cookie, giving you the
opportunity to decide whether
to accept it. You can also set your browser
to turn off cookies.
Third Party Advertising
The ads appearing on this Web site are delivered
to you, on our behalf, by our Web advertising
partner. Information about your visit to this site, such as number
of times you have viewed
an ad (but not your name, address, or any
other personal information), is used to serve ads.
Data
In the UK we operate and are registered in
accordance with applicable data protection
legislation. Please note consumers have a right of access to data
held.
Consent
By disclosing your personal information to
us using this website or over the telephone,
you consent to the collection, storage and processing of your personal
information by Elegant Travels
Ltd in the manner set out in this Privacy
Policy. Some information and e-mails sent to Elegant Travels Ltd may
be used as testimonials but
no e-mail address or contact details will
be displayed. Change/Modify Details
To change your e-mail address details send
an e-mail with your correct details to: changeme@travelSrilanka.co.uk
If you need to Modify or Change your personal
details after you have made a purchase on
the site please contact us as soon as possible.
Contact If you have any questions or concerns about
the information we hold about you, you can
also
contact us.
14. Unreasonable Behaviour.
If in the reasonable opinion of a person
in authority including a pilot or captain you are not fit to travel,
he
or she may refuse to let you board the aircraft
or train or ship. Normally this happens if such a person thinks you
are likely to disturb or harm
other passengers. In this case your contract
with us will end immediately and we will no longer be responsible
for you. In addition if your behaviour
is such that an hoteliers reasonable opinion
leads him or her to the view that they are unable to accommodate
you may be asked to leave
the hotel. In these instances no refund for
lost nights accommodation or lost travel will be made and the cost
of any other accommodation
or travel expenses will be absolutely your
responsibility. We will also hold members of your party jointly and
individually liable for
any damage to the property, together with
legal costs incurred in pursuing the claim. We cannot be held responsible
for the behaviour or actions
of other individuals or guests who have no
connection with your holiday arrangements or ourselves.
15. Jurisdiction.
This contract is made on the terms of these
booking conditions which are governed by
English Law and both parties shall submit to the jurisdiction of
English Courts at all times.
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