When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. The person making the booking must be at least 18 years of age when the booking is made.
1. The Contract
Your contract is entered into with Harris Holidays Ltd, who are fully bonded members of the Association of British Travel Agents (ABTA) V4138. Registered in England no 02454681. We also hold an Air Travel Organisers Licence issued by the Civil Aviation Authority (ATOL number 6624). This means the air holidays in our brochure and on our website are ATOL protected. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. For further information, visit the ATOL website at www.atol.org.uk.
If your holiday does not include flights, ABTA will financially protect your holiday in the same way. A binding contract comes into existence when we dispatch our confirmation invoice to the party leader. This contract and all matters arising out of it are governed by English Law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with under the ABTA Arbitration Scheme or by the Courts of England and Wales, unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable.
2. Holiday Payment
By asking us or your travel agent to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions and obligations set out in our 'Important Information', constitute the entire agreement between us with regard to your booking and your travel arrangements. You will be required to pay a deposit to us for each person when you book and accept responsibility for paying for all the people on the booking. The deposit payable at the time of booking is £150 per person plus applicable insurance premium. The lead booker accepts responsibility to ensure that all deposits are paid, if the deposit is paid in more than one transaction we reserve the right to charge £10 per additional transaction, the booking will not be confirmed until the full deposit is paid and may be subject to reasonable prices variations during that time. Monies paid to a travel agent are held by them on your behalf until we issue our confirmation invoice. A contract will exist when we issue a confirmation/invoice. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 8 or 9 or as otherwise required by law. The balance of the holiday must be paid 12 weeks prior to departure; the date will be shown on your confirmation invoice. We do not send reminders. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit, and apply cancellation charges, as set out in paragraph 4. If payment for your booking is made by credit card or some debit cards a handling fee will apply, this will be confirmed to you at time of payment.
3. If You Change Your Booking
If, after confirmation has been issued, you wish to change your holiday arrangements, please advise us, by telephone and in writing, as soon as possible. Whilst we cannot guarantee changes, we will do our utmost to assist. Where a change is possible, charges will apply as follows (in addition to any charges our suppliers may impose): £25.00 per name change and £25.00 per person for all other changes. Any changes (other than name changes) notified to us less than 14 days prior to departure will be subject to full cancellation charges as listed below. Most airlines do not allow name changes or cancellations after the tickets have been issued, or in the case of the low cost airlines, once the names have been provided at the time of booking. In this particular case the fee will be the full cost of a flight. Any name changes made by you within six weeks of departure will be the full cost of the flight.
4. If You Cancel Your Holiday
If you want to cancel your booking after we have accepted it, you must do so in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, you will have to pay the cancellation fees below. If you cancel your booking, we will not refund any insurance premium and/or amendment charges you may have paid, and cancellation charges will apply: Period before you leave within which we receive written notice More than 42 days Deposit only* 28-42 days 30% of full cost or deposit if greater* 15-27 days 50% of full cost or deposit if greater 1-14 days 100% of full cost The date of cancellation is calculated from receipt of notification by Harris Holidays. You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. *In the case of low cost carriers this will be the full cost of the flight. The flight will be booked immediately the booking is made by the group leader. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or the concessions agreed for your booking were calculated, we will recalculate these items and re-invoice you accordingly. similarly room occupancy changes will effect the price. This extra cost is not a cancellation charge, and it is not covered by travel Insurance. 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 not less than two weeks before departure. Where a transfer can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with the amendment fee must be paid before the transfer can be effected. For flight inclusive bookings you must pay the charges levied by the airline concerned. Most airlines and other transport providers treat name and departure detail changes as a cancellation and charge accordingly. These charges will be passed on to you. Once tickets have been issued, and sometimes even before they have been issued, any changes made to the ticket, including names or initials, will result in you having to pay for the cancelled ticket and buy a new ticket at full cost.
5. If You Have A Complaint
If you have a problem during your holiday please inform the relevant supplier (eg hotel) and resort driver/representative immediately who will endeavour to put things right. If your complaint cannot be completely resolved locally, you must obtain and complete a report form from our local representative. This must be followed up in writing within 28 days of your return home. It is a condition of this contract that you communicate any problem at the earliest opportunity to the supplier, and to our representative whilst in resort. Failure to do so will deprive us of our ability to investigate and rectify your complaint at the time and may affect your rights. Disputes arising out of, or in connection with this contract which cannot be amicably settled, may (if you wish) be referred to Arbitration under a special scheme, which though devised by arrangements with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. Details can be supplied on request.
6. Conditions Of Carriage
When you travel on an aircraft, train, ship or catamaran, the conditions of carriage of the carrier apply and are subject to national and international conventions which may limit or exclude liability usually in accordance with applicable international conventions (see clause 13). Your contract made under the terms of this agreement is subject to English law and jurisdiction, or the law you have chosen under clause 1). Some coach journeys may be operated by vehicles other than those owned by the company and the specification may be different to the details in this brochure. The Public Vehicle (Conduct and Passenger) Regulations amended 1990 apply to all coaches throughout the UK. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
7. Your Holiday Price
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. Holiday prices include all travel arrangements as specified, hotel accommodation and meals as specified in the holiday description and VAT at the current rate where applicable. Drinks with evening meal, morning coffee, afternoon tea and other refreshments are not included. Gratuities to the hotel staff and drivers/couriers are discretionary. The price of your holiday is set at the time of brochure publication and will only be subject to surcharge resulting from variations in transportation costs including fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or the exchange rates applied to the package. 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, if transportation costs (e.g scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) etc increase or decrease or 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) we will levy a surcharge. If any 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 you have paid to us (except any amendment charges) or alternatively purchase another holiday from us. Although insurance (where purchased through us) does not form part of your contract with us or of any “package” we will consider an appropriate refund of insurance premiums you have paid us if you can show that you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. 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. You have 14 days from the issue date printed on the surcharge invoice to tell us 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. We promise not to levy a surcharge within 30 days of the start of your holiday. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
8. Changes and Cancellations by us
We start planning the holidays we offer many months in advance and we aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure”(see clause 10). Most 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 to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away; a change of accommodation area for the whole or a major part of the time you are away; a change of outward departure time or overall length of time you are away of twelve hours or more hours; a change of UK departure point to one which is more inconvenient for you and, in the case of tours, a significant change of itinerary missing out one or more major destinations substantially or altogether. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options;-a) (for significant changes) accepting the changed arrangements b) accepting an offer of alternative travel arrangements of equivalent or superior standard, if such alternatives are available, or a choice of specified travel arrangements of a lower standard to the travel arrangements booked, together with a refund if the difference in price. c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us. Please note the above options are not available where any change made is a minor one. Once you have accepted a change and the conditions of that change you can make no further claim relating to that change, this does not affect your rights regarding the quality of the product delivered. If we have to make a significant change or cancel, we will also pay you the compensation set out below subject to the following exceptions; 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 cancel as a result of unusual or foreseeable 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 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. Number of days before departure a significant change or cancellation is notified to you. Compensation per full paying party member Holidays of 5 days duration and under: 0-14 days £30.00 Holidays of 6 days duration and over: 0-14 days £50.00
9. Force Majeure
In Force Majeure situations we may have to make alternative transport arrangements without prior notice. This could mean travel to or from your resort by road, rail, sea or air and may result in loss of ski time or nights away. Compensation cannot be paid for any changes caused by Force Majeure and where the extra costs of the alternative arrangements are covered by your insurance, Harris Holidays reserve the right to pass on these extra costs. Clients can refuse the alternative transportation but will then be responsible for their own travel arrangements and all related payments. 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. Where performances of the contract are prevented by unusual/unforeseen circumstances outside our control including but not limited to adverse weather (eg storms and fog), natural or nuclear disaster, fire, war or threat of war, riot, civil strife, epidemics, terrorist threats or actual activity, industrial dispute, technical breakdown of transport, the closure of airport or port, or Government action, fire and all similar events outside our control.
10. Special Requests & Seat Allocation
Special requests are noted and passed on to the relevant parties, but cannot be guaranteed. Requests must be made in writing at the time of booking and in no circumstances will they be accepted by us to form part of our contractual obligations, and we will have no liability if they are not met. Bookings specified as conditional on the fulfillment of a particular request cannot be accepted and will be treated as normal bookings. If you or any member of your party has any medical problem or disability which may affect your holiday, 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 at the time of booking. If we 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.
11. Conduct While Travelling
We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or affects other travellers or is threatening or abusive towards our staff or agents in the UK or resort, on the telephone, in writing or in person. If the coach driver or captain of your flight or our resort staff believes that you could be disruptive, they can also refuse to let you proceed with your travel arrangements. If this means you are not allowed to board the coach or flight outbound from the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 12). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour e.g. the cost of diverting a coach to remove you. Criminal proceedings may also be instigated.
12. Holiday Insurance
We consider adequate insurance to be essential. It is a condition of your booking with us that you take out adequate insurance. Harris Holidays offer an excellent value cover arranged through Milsom Howard Ltd underwritten by Union Reiseversicherung AG. Should you decide to take out a policy with a third party offering the same or greater protection, you must provide us with the name, address, policy number and details of the emergency and medical repatriation telephone number, within 14 days of booking. Please note, for people hiring our ski & snowboard clothing or equipment, we will require proof that the policy covers for loss or damage. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. This applies even where insurance is included in the cost of your holiday. We do not check alternative policies.
Most policies require any loss or injury to be reported in resort to a member of our team or in the event of theft to the local authorities, it is entirely your responsibility to do this and to ensure that this has been recorded to your satisfaction. We are unable to confirm any event that has not been recorded at that time.
We accept responsibility for the full and proper performance of your holiday as described in our brochure. If any part of your holiday is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. 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 accordingly pay to you such damages as are applicable in such circumstances under English Law. 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 fault of the person(s) affected or any member(s) of their party or
- the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
- an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care. This may include, but is not limited to, an occurrence of force majeure (see clause 9)
- the fault of anyone who is not carrying out work for us (generally or in particular) at the time. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer which did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note, we cannot accept responsibility for any services .