CONSUMER
STANDARD TERMS OF SUPPLY OF SERVICES
Thank you for your interest in our package holidays. |
- 1. Terms
- 1.2 Please note that these terms govern all contracts for the sale
and provision of services between Tourism Trading Limited, (registered
office 77 Conway Road, Colwyn Bay, LL29 7LN), (Company Number
03413842) ("the
Company") and you as the purchaser of the Services as specified in
the Order Acknowledgement. They can only be varied with the written
consent of the Company.
- 1.2 "Services” means any of the services as agreed to be provided
by the Company to you as specified in the Order Acknowledgement;
- 1.3 "Contract" means the Contract between the Company
and you for the sale and provision of Services and includes these
terms and the Order Acknowledgement;
- 1.4 “Package” all the Services;
- 1.5 “Price” the agreed price for the Services as specified
on the Order Acknowledgement;
- 1.6 “Departure Date” the date specified on the Order
Acknowledgement as being the first day of the Package;
- 1.7 “Order Acknowledgement” means the attached form
which sets out the specific Services to be supplied;
- 1.8 “you” the persons specified on the Order Acknowledgement.
- 1.9 For the avoidance of doubt, this is not a contract governed
by the Consumer Credit Act 1974.
- 1.10 The clause headings do not form part of the Contract.
- 2. Delivery and Specification of the Services
- 2.1 The Company shall use reasonable endeavours to provide
the Services on the dates quoted on the Order Acknowledgement.
However the dates quoted on the Order Acknowledgement can be
changed. Where the Company cannot meet the dates quoted it will
notify you and give you revised dates.
- 2.2 The Company may at any time without notifying you make
any changes to the Services which are necessary to comply with
any applicable safety or other statutory requirements.
- 2.3 The Services shall be provided in accordance with the Order
Acknowledgement.
- 3. Booking
- 3.1 Booking by telephone
- 3.1.1 You can initiate the booking process by telephoning
08705 168767 to make a reservation request.
- 3.1.2 The Company will take details of the Package required
and then send you the Contract by fax, email or post.
- 3.1.3 Please read this Contract carefully. If you agree to
accept the terms you must telephone 08705 168767 and enter
the Contract verbally by making a booking. The Company will
then date the Order Acknowledgement.
- 3.1.4 In order the complete the booking the Company will
then require deposit payment of £50.00 per person (including
children). Please refer to clause 6 for acceptable methods
of payment.
- 3.2 Booking in writing
- 3.2.1 You can initiate the booking process by writing to
the address of the Company set out on the Order Acknowledgement.
- 3.2.2 Please include details of the Package you require,
your preferred Departure Date, the number of Clients and your
contact details.
- 3.2.3 The Company may telephone you to confirm the Services
required.
- 3.2.4 The Company will then send you the Contract by fax,
email or post.
- 3.2.5 Please read the Contract carefully. If you agree to
accept the terms you must sign and date the duplicate copy
of the Order Acknowledgement and return it to the Company with
the relevant booking fee of £50.00 per Client (including
children). Please refer to clause 6 for acceptable methods
of payment.
- 3.3 Booking over the Internet
- 3.4 Late Bookings
- 3.4.1 Late bookings will follow the telephone booking procedure
set out in Clause 3.1
- 3.4.2 If a booking is made within 8 weeks of the Departure
Date the full Price will be due immediately.
- 3.5 All Packages are subject to availability.
- 4. Insurance
- 4.1 You are required to have in place at the time of acceptance
of this Contract and maintain throughout the duration of the
Contract adequate insurance cover for the Package, whether arranged
through the Company or independently by you.
- 4.2 The insurance must cover all persons listed on the Order
Acknowledgement.
- 4.3 The insurance is required to be adequately underwritten
and cover all relevant risks specific to the Package including
but not limited to:
- 4.3.1 cancellation through illness or other serious personal
circumstances;
- 4.3.2 illness and resulting medical treatment during the
Package;
- 4.3.3 delays;
- 4.3.4 personal injury and death;
- 4.3.5 loss of personal property;
- 4.3.6 all high risk activities forming part of the Package.
- 4.4 You must ensure that you inform your insurer, the Company
and the service provider of any pre-existing medical conditions
(including pregnancy).
- 5. Price
- 5.1 The Order Acknowledgement sets out the agreed Price for the Services.
- 5.2 Please note the Company reserves the right to vary the Price of the
Services by any reasonable amount attributable to any changes in the cost
to the Company of providing or procuring necessary Services between the
date of the Contract and the date of provision of the Services. The Company
will however notify you in advance of such Price change. If you are not
happy with the Price change you will be given the option to cancel the
Contract (within 7 days of being notified of that Price change) and have
any monies you have paid refunded to you.
- 5.3 After consultations with you, the Company may levy a reasonable
surcharge if arranging your Package is more difficult or time
consuming than anticipated by either party at the time of this
contract.
- 6. Payment
- 6.1 When you place a booking for the Services, you will have
to pay a £50.00 deposit per person as set out in Clause
3. Save for under clause 5.2 and 7.2 THIS DEPOSIT IS NOT REFUNDABLE
UNDER ANY CIRCUMSTANCES.
- 6.2 The Order Acknowledgement sets out the Price which you
owe to the Company. The balance is due not less than 8 weeks
before the Departure Date. Please note that the Company does
not send out payment reminders. Interest will be charged on all
overdue accounts at the rate of 2% per month or part thereof
on which payment is overdue.
- 6.3 The Company reserve the right to treat the Contract as
terminated if you fail to pay the balance 8 weeks before the
Departure Date. Cancellation charges will then be incurred as
set out in Clause 7.
- 6.4 Please pay for your Package in pounds sterling at the address
set out on the Order Acknowledgement. Accepted methods of payment
are cash, cheque, Switch or credit card. Please make cheques
payable to “Tourism Trading Limited”.
- 6.5 If you paid your deposit by credit card the balance will
automatically be deducted 8 weeks before the Departure Date from
your credit card account.
- 7. Cancellation and Alteration
- 7.1 Cancellation or alteration by you.
- 7.1.1 You are entitled to cancel this Package up to 7 days
from the date on the Order Acknowledgement without charge.
- 7.1.2 If you choose to cancel the Package more than 56 days
before the Departure Date, the balance of the Price will not
be due.
- 7.1.3 If you choose to cancel the Package between 56 and
15 days before the Departure Date, 50% of the Price will be
refunded by us to you.
- 7.1.4 If you choose to cancel the Package 14 days or less
prior to the Departure Date, no part of the Price will be refunded.
- 7.1.5 No refunds will be made on any insurance premiums.
We recommend you contact the insurer direct if the reason for
the cancellation is covered by your policy.
- 7.1.6 Please ensure all cancellations are received by the
Company in writing at the address stated on the Order Acknowledgement.
- 7.1.7 If you decide not to use part of the Services, the
Company may – at its discretion – refund part of
the Price after deducting its expenses in obtaining any refund
for you from the third party supplier of that Service, but
limited to the Price on the Order Acknowledgement plus the
amendment fee.
- 7.1.8 If you wish to change a Service or Services for another
Service or Services provided by the Company, the Company will
do its best to accommodate your requests provided they are
received in writing at least 14 days prior to the Departure
Date as the Company values your custom. A £30 amendment
fee will be charged to cover administrative costs. If the Company
is unable to arrange the alteration, you will be entitled to
cancel the Package but any refund of the Price will be subject
to clauses 7.1.1. to 7.1.7.
- 7.2 Cancellation or Alteration by the Company
- 7.2.1 The Company shall not be liable to you if it is unable
to provide the Services in whole or in part due to causes beyond
the reasonable control of the Company or of the Company's suppliers
or due to labour disputes, or weather conditions.
- 7.2.2 Where pursuant to clause 7.2.1, the Company is unable
to provide the Services in whole or in part then you will be
offered;
- 7.2.2.1 an amended Package of Services or
- 7.2.2.2 the ability to terminate the contract and the Company
will refund any payments paid by you.
- 7.3 You are kindly requested to note that clause 7.2.2 will not apply
if the Company makes minor changes to the Package for example if
a live show, event or theatrical performance is cancelled.
- 8. Warranty and Representations
- 8.1 The Company warrants to you that the Services will be provided
using reasonable care and skill and, as far as reasonably possible,
in accordance with the Contract. Any complaint in respect of
alleged defective Services must be made in writing to the Company within
14 days of the delivery of the Services to the address on the
Order Acknowledgement.
- 8.2 The provisions of this clause 8 are in addition to your statutory
rights and nothing in these terms shall limit or restrict your statutory
rights contained in the Supply of Goods and Services Act 1982 or
any other relevant legislation.
- 9. Rectification
- If any of these terms or any part of any of these terms is unenforceable
or void at law, it shall not affect the remainder of the terms or any other
term or otherwise affect the Contract.
- 10. Termination by Company
- In addition to termination for payment failure the Company reserves the
right to terminate the Package at any in time if you act in an abusive
or unacceptable manner to any employee, agent or servant or the Company
or the Company’s suppliers.
- 11. General
- 11.1 This Contract constitutes the entire agreement between
you and the Company and supersedes any previous agreement or
understanding.
- 11.2 No failure or delay by the Company in exercising any of
its rights under the contract shall be deemed to be a waiver
of that right, and no waiver by the Company of any breach of
the contract by the other shall be considered as a waiver of
any subsequent breach of the same or any other provision.
- 11.3 If any provision of this Contract is held by any competent
authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these conditions and
the hereunder of the provisions in question shall not be affected.
- 12. Jurisdiction
- The Contract shall be governed by the laws of England and disputes arising
from it shall be subject to the jurisdiction of the English courts.
|
|