England Cricket Tour to South Africa 2015/16 Booking Terms and Conditions

Financial Security

Your contract will be with Gullivers Sports Travel Ltd of registered office TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL (registered number: 2746479) a member of the TUI AG Group of Companies. When you buy an ATOL protected air package or flight from us 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 3720. 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. If you buy arrangements other than a package holiday, this financial protection does not apply. Book with Confidence. We are a Member of ABTA which means you have the benefit of ABTA’s assistance and Code of Conduct. All the package and Flight-Plus holidays we sell are covered by a scheme protecting your money if the supplier fails. Other services such as hotels or flights on their own may not be protected and you should ask us what protection is available.  Our ABTA Number is V8321. Further information on the Code and arbitration can be found at www.abta.com.  

Your Holiday Contract

Bookings must be made in writing on our booking request form or via the online booking process at gulliverstravel.co.uk, and accompanied by the appropriate deposit. The contract between us will be created when we send written confirmation in the form of our tour confirmation and invoice. Cancellations must also be made in writing.

Warranty

When making this booking, you warrant that you have the authority to enter into this contract on behalf of all other members of your party and that you are responsible for ensuring due payment of all monies payable in respect of this booking, in the event of default by any member of the party.

Minimum Numbers

All tours have been based upon a minimum number of passengers travelling together, and in the unlikely event that this number is not reached, we reserve the right to cancel the tour, offer an alternative date, offer the same date with any relevant supplement or refund all monies paid. We will advise the passenger no later than 8 or 12 weeks (depending on your tour) prior to departure if the minimum numbers required for a tour have not been achieved.

Prices

The prices of your holiday is subject to surcharges if increases occur in transportation costs (including fuel), dues, taxes (such as increases in or imposition of VAT or other Government imposed taxes) or fees chargeable for services such as landing taxes, embarkation/ disembarkation fees at ports and at airports and currency fluctuation. In the case of all surcharges we will endeavour to advise you as soon as possible and we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged and we will forward an amendment invoice reflecting any changes made. However if the surcharge means paying more than 10% extra on the holiday price you will be entitled to cancel your holiday with a full refund of all monies paid with the exception of any monies paid to us in respect of insurance premiums and amendment charges. If you do decide to cancel because of this you must do so within 14 days of the date of issue of the amendment invoice. No surcharges will be applied within 30 days of your departure. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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. Prices are in pounds sterling and have been calculated at the following exchange rates:
 

	USD	EUR	AUD	NZD	AED	HKD	ZAR
1 GBP	1.5	1.3	1.95	2.05	5.6	11.5	18.0

The UK government has announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports, with a new Emissions Tax, known as Aviation Duty. At this time we are not aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.

Payment

If you book your package on or after Friday 16 October 2015, you must pay the full amount at the time of booking.  If you book earlier (before Friday 12 June 2015), a deposit payment of £1,000 per person is required at the time of booking with an interim payment equalling 50% of the total booking value required by Friday 12 June 2015 and full payment due by Friday 16 October 2015. If your deposit payment is greater than 50% of the full holiday value, you do not have to pay anything until the final balance due on Friday 16 October. If you book between Friday 12 June 2015 and Thursday 15 October 2015, you must pay 50% of the total balance at the time of booking with balance payable by Friday 16 October 2015. If you do not pay in time, your holiday may be cancelled and cancellation charges will be due. Payment may be in the form of cash, cheque, banker’s draft or by suitable credit card recognised by Gullivers Sports Travel. We are pleased to inform you that we do not charge a levy on debit or credit cards on any of our tours.

PLEASE NOTE: All deposits are non-refundable.

Health and Travel Advice

It is your responsibility to check with your doctor at least two months prior to departure for the latest requirements, recommendations and any associated costs. A copy of the 'Health Advice for Travellers’ issued by the Department of Health can be provided upon request. It is your responsibility to check any country related travel advice before embarking on your trip. Specifically any advice issued by the British Foreign and Commonwealth Office: www.gov.uk/knowbeforeyougo.

Passports and Visas

It is your responsibility to be in possession of a valid passport and any necessary visas, or health documents, as required, for the entire duration of your holiday, and to ensure that you meet the entry requirements of the countries that you are travelling to. Requirements may change and you must check the up to date position in good time prior to departure. The name in the passport must match the name on your ticket where provided. We cannot accept liability, or consider refunds if you cannot travel, because of incomplete, or incorrect documentation. Passenger information is required in advance by a number of countries and airlines. It is your responsibility to provide this information to us or the airline as instructed. Failure to do so may result in you being denied boarding or refused entry to your destination. Emergency Contact Details may also be required. It is your responsibility to provide this information and you will be liable for any costs incurred.

Behaviour

Gullivers Sports Travel has a responsibility to look after the health and safety of its staff and clients. We will endeavour to promote equal treatment in the provision of our services and ensure that staff and clients are treated with respect at all times. Any behaviour that may cause offence or create an uncomfortable or intimidating environment for our staff or other clients will not be tolerated. If, in the opinion of the Gullivers Sports Travel representative/escort, your behaviour, or the behaviour of anyone in your touring party, is such that it disrupts the tour party or upsets our staff or other clients and impairs their enjoyment of the tour, you will be given a warning that such behaviour must cease immediately. We reserve the right to terminate all holiday arrangements immediately without refund to you where unacceptable behaviour persists or, at any time, if the circumstances justify it.

Flight Timings

The flight timings, although correct at the time of booking, can be subject to alteration by the various foreign and UK Airport Scheduling Committees or for operational reasons. Clients are advised that they must adhere to the timings as set down in the final documentation.

If you have a problem or complaint

In the unlikely event of a complaint whilst on holiday, you must tell our local representative or agent who will try and solve the problem on the spot. If the complaint cannot be resolved there and then, you must send a written complaint to reach us within 28 days of the end of your holiday in order that we may investigate fully. Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may if you do so wish be referred to arbitration under a special scheme administered by IDRS part of the Chartered Institute of Arbitrators. Details and application forms are available from ABTA Limited, 30 Park Road, London, SE1 9EQ, www.abta.com. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the client in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per Booking Request Form. Where a claim includes, in part, a claim for personal injury or illness, a limit of £1,000 per person applies to that part of the claim. The rules of the scheme provide that the application for the arbitration must be made within nine months of the date of return from the holiday but, in special circumstances, it may be still offered outside this period. Information regarding complaints may be shared with other tour operators.

Changes By You

If you wish to transfer the booking in any way or make any changes to your holiday booking, you must make your request in writing as soon as possible. If the amendment is possible, there will be a minimum charge of £90 per person plus any additional costs incurred. Changing dates or numbers travelling are major changes which may have to be treated as cancellations and subsequent re-bookings. For flight inclusive bookings, any changes may be treated as cancellation and cancellation charges will apply in accordance with individual airline policy. A change of holiday made after Friday 16 October 2015 may be treated as a cancellation and charges may be levied as below.

Cancellation By You

Cancellations must be made in writing by the person who completed the online booking / booking request form and sent by recorded delivery post. A cancellation is not effective until the Company receives the letter. You will receive a cancellation invoice from us within two weeks of receipt of your cancellation.

Period before departure date (from date letter received)	Cancellation charge expressed as % total holiday cost
Before Friday 12 June 2015	Deposit only
Between Friday 12 June 2015 and Thursday 15 October 2015	75%
After Friday 16 October 2015	100%

Whilst any cancellation after Friday 12 June 2015 renders the client liable for cancellation in excess of deposit payment, the Company will make efforts to resell the seat(s) to help clients. This, however, is a service and not an undertaking and in any event the deposit will be forfeited. Clients are urged to insure against cancellation.

PLEASE NOTE: for England Cricket Tours to South Africa, a 100% cancellation fee applies from 16 October 2015.

Changes By Us

It is unlikely that we will have to make changes to your holiday, but we do plan the arrangements many months in advance and sometimes we may need to make changes which we reserve the right to do at any time. Most are very minor but where they are major (eg change of airport (but not change of London airport), resort area, or time of departure or return by more than 12 hours, or offering accommodation of a lower rating) we will inform you or your travel agent when you book or as soon as possible if you have already booked. If a MAJOR change becomes necessary you have the following options:

1. Accept the alternative offered, together with compensation which may apply (on the scale shown below) if full payment has been received by us.

2. Choose another of our tours at brochure price, together with compensation which may apply (on the scale shown below) if full payment has been received by us.

3. Cancel your holiday in which case a full refund of all monies paid to us will be made and and compensation where appropriate.

Period before scheduled departure within which a major change is notified to you/your travel agent	Compensation per person
More than 56 days before departure	Nil
29-55 days	£10
15-28 days	£20
0-14 days	£30

The above payments of compensation are not payable where any change to or cancellation of the tour/holiday has been caused by unforeseeable or unusual and unforeseeable circumstances beyond our control and which were unavoidable even if we had exercised all due care (“Force Majeure”). These circumstances of Force Majeure include (without limit to this definition) war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions and cancellation or postponement of sports tournaments and/ or individual matches. The above payments of compensation are also not payable where we have had to cancel your holiday due to an insufficient number of people having booked your chosen holiday.

In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights are publicised at EU airports and are also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.

Limitations on Our Liability

Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday, except where you have suffered personal injury resulting from the non-performance or improper performance of the services involved in the holiday.

Any compensation payable by us shall be limited in accordance with the lowest limit allowed under applicable International Conventions governing the services; such as the Warsaw Convention 1929 (as amended) and the Montreal Convention 1999 which cover travel by air and the Athens Convention 1974 which covers transport by boat. Transport operators have their own conditions of carriage and when arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those conditions of carriage. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. These provisions and conditions may limit or exclude liability for death or personal injury, or loss or damage to luggage, and may make special provision for valuables. A copy of the International Convention or the conditions of carriage applicable to your holiday can be supplied upon request.

Our Liability To You

We accept responsibility for the proper performance of our obligations under this contract, subject always to the limitations set out above. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is:

- Attributable to you or a member of your party;

- Attributable to a third party unconnected with the provision of the services to you, and is unforeseeable and unavoidable;

- Attributable to an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care.

Although we cannot accept responsibility for clients who by misadventure suffer illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the inclusive holiday or excursions booked through the company, general assistance may, at our absolute discretion, be afforded to clients to a maximum of £5,000 per booking. In the event either of there being a successful claim against a third party or there being suitable insurance policy/ies in force, the Company is entitled to recoup from you the costs incurred by us in giving this assistance. Cancellation or curtailment of a major sporting fixture is an extremely unusual occurrence and totally beyond our control and we accept no responsibility to compensate for changes to a tour for reasons beyond our control. Every effort will be made to offer alternative arrangements and, in the unlikely event of a cancellation, any refund obtained for any of the services will of course be refunded to the client.

Brochure/Website Presentation

All information published on the website and in our brochures has been compiled from up-to-date details and we have taken the utmost care to ensure fact and accuracy. There may be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances necessary for maintenance (swimming pools for example), unsuitable weather, fuel shortages, accidental damage to accommodation or other circumstances totally beyond our control. If we are advised of this, we will inform you as soon as possible. This website/brochure is issued on our responsibility and does not commit any airlines mentioned therein. Whilst all reasonable efforts will be made to comply with your requirements, we cannot guarantee that any special requirement concerning accommodation or facilities will be available and any such request by you does not form part of the contract. Unfortunately, it is inevitable that some of the prices or details within this brochure may have changed since the brochure was printed. You will be informed about any changes to any part of the relevant details within this brochure when you book as part of our commitment to quality customer service.

Your Holiday Insurance

Under the terms of this contract you are required to have suitable travel insurance. You can either purchase our holiday insurance or arrange a policy yourself providing comparable or greater cover under all sections as that provided by our special holiday insurance. We can confirm that the travel insurance we offer provides adequate cover for normal requirements, but it is your responsibility to arrange additional cover exceeding the maximum amounts payable under our policy if required. If you decide to decline our insurance cover we require you to sign the insurance indemnity section of the booking request form. Find out more about our travel insurance: http://gulliverstravel.co.uk/travel-insurance.

ATOL Protection

All the flights and flight-inclusive holidays are financially protected by the ATOL scheme. When you pay you will be issued with an ATOL Certificate. Please ask for it and check to ensure everything you booked (flights, hotels and other services) is listed on it. For more information about financial protection and the ATOL Certificate go to www.caa.co.uk/ATOLcertificate.

Data Protection and Privacy

Gullivers Sports Travel Limited’s Privacy Policy sets out what information we collect, how we collect it, and what we do with it. Our Privacy Policy applies to you and is available on our website and through other channels. In all your dealings with us you must ensure that others you represent are aware of the content of our Privacy Policy and consent to your acting on their behalf.

INFORMATION ABOUT YOU

Your Information

This refers to a combination of information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including your social preferences, interests and activities and any information about other persons you represent (such as those on your booking). Your information is collected when you request information from us, contact us (and vice versa),  make a booking, use our website(s)/apps, link to or from our website(s)/apps, connect with us via social media and any other engagement we or our business partners have with you.

We will update your information whenever we can to keep it current, accurate and complete.

Our Use of Your Information

(1) For the purpose of providing you with our services, including your flight, holiday, security, incident/accident management or insurance, etc., we may disclose and process your information outside the UK/EEA. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Some countries will only permit travel if you provide your advance passenger data (for example Caricom API and US secure flight data). These requirements may differ depending on your destination and you are advised to check. Even if not mandatory, we may exercise our discretion to assist where appropriate.

(2) We may collect and process your information for the purposes set out below and in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, service, quality and improvement-related activities, customer care, product innovation and choice, business management, operation and efficiencies, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, advertising and marketing, loyalty programmes, profiling customer purchasing preferences, activities and trends, dispute resolution/litigation, credit checking and debt collection.

(3) Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to provide you with our services, cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.

If you do not agree to Our Use of Your Information above, we cannot engage/do business with you or accept your booking.

Marketing Material

(1) Using your information, we may from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our group companies. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications.  We may use innovative technologies and work with business partners to achieve this.

(2) We will assume you agree to email when you make an e-booking or provide us with your email in other situations such as in-store, competitions, promotions, prize draws and social media.

(3) If you do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.

Your Rights

(1) On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.

(2) You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email”, opt-out of personalised emails or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.

(3) For a list of relevant brands, please send us your request.

Please write to Gullivers Sports Travel Limited, Legal Department, TUI Travel House House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL.

Foreign Controls

Outside the European Economic Area (EEA), data protection controls may not be as strong as the legal requirements in this country.

USE OF TOOLS/"COOKIES" AND LINKS TO OTHER WEBSITES

If our contact and dealing with you is via our website(s) or other e-platforms where our advertising is displayed, cookies may be used. To find out more about the types of cookies on our website(s), how we use cookies, to disable them or to change your preference and more, please refer to the information provided on our website(s). Other e-platforms may have different options and instructions. By using our website(s), you consent to our use of cookies.

Our website(s) may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our sister companies. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions, etc. carefully.

MONITORING

To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web, social media and app traffic, activities, etc. All recordings and derivative materials are and shall remain our sole property.

SECURITY STATEMENT

We have taken all reasonable steps and have in place appropriate security measures to protect your information.

CHANGES TO THIS POLICY

Any changes to this Policy will be either posted on our website, brochure and/or made available on request.

Privacy Policy: v July 2015

 

Law and Jurisdiction

If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.

Notice

This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between us and you nor the carrier(s) and you, nor part of a claim. No representation is made by us or the carrier(s) as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage: This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 /€120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000/€19,300).

Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 /€5,000).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/€1,200).

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information: The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.” Part of TUI Travel PLC.

Please check with your airline for details of your luggage allowance and the recommended check-in time. If you have a medical condition that could impact your ability to travel by air please contact the airline in adequate time prior to departure.

EU Airline Blacklist: 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 within the EU Community. The Community list is available at ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm 

The flights shown are operated by UK, European and international scheduled airlines. For details of likely carriers for each tour please refer to the individual tour details within the brochure. We may change airlines or aircraft types at any time; this does not count as a Major Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.

as at 10 March 2015