Tel: + 44(0)1202 233969
TRADEWIND TRAVEL LIMITED
SAVE AS PROVIDED IN THESE BOOKING CONDITIONS YOUR CONTRACT IS WITH Tradewind Travel Limited, Company Number 6213587, whose registered office address is at The Stable Block, The Priory Car Park, Quay Road,Christchurch,Dorset,BH23 1BU (“we” or “Tradewind Travel”)
1. Your Holiday Contract
1.1 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. Save as provided below a contract will exist as soon as we issue our confirmation invoice. The confirmation invoice will be issued in writing electronically or by post. It is your responsibility to check the confirmation invoice carefully on receipt thereof and let us know if there are any errors or discrepancies.
If you book with a travel agent and your booking with that agent includes, but is not limited to, Tradewind Travel arrangements, your contract is with your travel agent and not with Tradewind Travel which is simply the supplier to your agent.
If we book only one component of a holiday (e.g. accommodation but not flights), then Tradewind Travel acts only as a booking agent for the supplier concerned and accepts no liability for the provision of the service involved.
In all other cases your contract will be with us.
You are responsible for complying with any airline’s terms in relation to check-in times
reconfirmation of flights and other matters.
1.3 Please note that your accommodation, flights etc will be requested once your deposit has been received. Your confirmation invoice will indicate the cost of your requested package.
1.4 Booking through a travel agent.
All monies paid by you to a travel agent before we confirm your holiday are held by the travel agent on behalf of Tradewind Travel. After we have sent confirmation invoice, the travel agent holds the money as an agent of Tradewind Travel until such time as the agent pays the money over to Tradewind Travel.
1.5 Air tickets and other tickets
The name listed on the confirmation invoice will appear on your airline [or travel] tickets and should match the name(s) on your passport(s). If you are getting married and changing your name please ensure that it is the name on your passport which appears on your flight or travel tickets. Failure to comply may result in amendment fees or the cancellation of your tickets.
If it is not possible or feasible to get your ticket to you (e.g. because your travel date is imminent) we may insist that you have an “e-ticket” and you may have to pick up your ticket at the point of departure or at another specified point.
1.6 Alterations to travel arrangements once aboard
We regret that no refund is possible for unused services provided in the cost of the holiday. If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and we are not responsible for any extra costs that may arise.
1.7 Cancellation by you
The cancellation will take effect from the date that written cancellation reaches us or the travel agent concerned.
Particular cancellation regulations may apply to air tickets. When this is stated on your invoice, then the stated terms will apply.
Note: if the reason for cancellation is covered under the terms of your insurance you may be able to reclaim these charges.
1.8 Adequate insurance protection
All our clients must have adequate travel insurance from the date of booking, including the cost of repatriation and cancellation. You must make your own insurance arrangements through an authorized third party. We can put you in contact with a broker if requested. If you make your own arrangements, we will require you to give full particulars, including the insurance contact phone number.
We shall not be obliged to check the details of your alternative insurance. We shall not be liable for any loss that you suffer as a result of your not having in force for the duration of your holiday or booking adequate insurance as stated herein.
You should have your insurance policy documents in your possession while on holiday.
1.9 Boarding Denied
If in the reasonable opinion of a person acting in authority you are not fit to travel or are otherwise denied boarding or continued travel by a person in authority your contract with us will end immediately and we will no longer be responsible for you.
In such event you will be liable to pay full cancellation charges and we may make a claim against you for any costs and expenses incurred as a result of your behavior.
2. Your Protection
Where we are providing packages that include flights departing from the UK we are licensed by the Civil Aviation Authority.
Holidays that include a flight element offered by us are ATOL Protected, since we hold an Air travel Organiser’s Licence granted by the Civil aviation Authority. Our ATOL number is 9582 . 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.
Where we are providing two or more ground arrangements without flights, the arrangements are covered through our own tour operator’s failure cover. This does not apply to any holidays that include air travel.
These measures will ensure that you would receive a full refund of any money paid to us for your arrangements and/or that you will be repatriated to the point where your holiday arrangements with us commenced in the unlikely event of our insolvency.
3.Your Holiday Price and Payment
3.1 We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website.
You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Fares will be quoted inclusive of airport and other taxes.
When you make your booking you must pay a deposit of 20% of the holiday cost per person unless you are making a Group Booking (being a booking for 10 or more persons), in which case we will advise you of the amount of deposit required. Any additional deposits/upfront payments required by suppliers will also be collected at this time.
The balance of the price of your travel arrangements must be paid at least 60 days before your departure date. If the deposit and/or balance is not paid in time, we shall be entitled to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times.
3.3 Changes in transportation costs, including the cost of fuel dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.
The price of your trip is subject to surcharge on the following items: government action, currency, aircraft fuel, overlying charges, airport charges and increases in scheduled airfares. We will absorb an amount of up to 2% of the holiday price for these items.
If these charges mean that you would pay more than 10% on the price quoted in the confirmations invoice, you will be entitled to cancel your trip with a full refund of all monies paid except for any premium paid to us for travel insurance.
Should you decide to cancel you must do so within 14 days of the issue date printed on the surcharge invoice.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
3.4 Payment can be made by you by one of the following methods: Visa, , Switch Cards and MasterCard (Credit Card payments are subject to 3% surcharge) Bank drafts or building society cheque or Personal cheque (allow 10 days from postage to clear).
4. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent.
You will be asked to pay an amendment admin charge of £30 per amendment and any further cost we incur in making this alteration. Any additional charges passed on to us by airlines or suppliers will also be added to this. It may not be possible to make alterations within 8 weeks of departure without incurring cancellation charges as set out below.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changed or cancelled after a reservation has been made and any alteration/cancellation request could incur a charge of up to 100% of that part of the arrangements.
5. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in canceling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in Appendix A.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6 .If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we may plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in the Appendix A below.
In accordance with EU regulations we are required to advise you of the actual carrier operating your flight/connecting flight/transfer and this will be identified as your invoice.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include, without limitation, alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. For scheduled flights the individual airline policy will apply.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid.
In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed in Appendix A:
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. This does not affect your statutory rights.
Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
7. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our guide or nominated agent immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at PO Box 6845 Bournemouth BH11 0DB or
giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to the supplier of the services in question and complete a report form for them where applicable as well as to our representative without delay and complete our report form.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in the country and this may affect your rights under this contract.
8. Our Liability to You
We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements.
Our liability will also be limited in accordance with and/or in an identical manner to:-
The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices details of which are set out below
Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk9. Passport, Visa, Immigration and Inoculation Requirements
Your specific passport and visa requirements, and other immigration (including, for example inoculation) requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or inoculation requirements.
It is your responsibility to ensure that you have all the necessary travel documents and tickets in your possession including a full passport valid for at least 6 months beyond the holiday period, travel insurance documents and medical documents.
*Note for persons traveling to South Africa, South African authorities require at least two blank pages in your passport.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.11. Additional Insurance / Regulatory terms
It is your responsibility to ensure that you are adequately covered in your insurance arrangements and otherwise in respect of any sporting or other potentially dangerous activity
Facilities, hygiene and disease risks vary worldwide and you are strongly advised to seek appropriate medical and health advice before traveling.
You are strongly advised not to scuba dive within 24 hours prior to traveling by air.
13. Your accommodation
Any accommodation we arrange or book for you must be used only by those people named on your confirmation invoice, or any amendment confirmation. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay except damage caused by persons not known to you.
* Any extra costs e.g. hotel bar are for your account and settlement of such costs is your responsibility.
Period before departure within which notice of
Cancellation or major change is received by us or notified to you
IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY
Amount you will receive from us
IF WE CANCEL YOUR HOLIDAY
IF YOU CANCEL YOUR HOLIDAY
Amount of cancellation charge
More than 60 days
100% of holiday cost (+£10 per person)
40% of holiday cost.
36 –49 days
100% of holiday cost (+£20 per person)
60% of holiday cost.
100% of holiday cost (+£30 per person)
85% of holiday cost.
100% of holiday cost (+£40 per person)
100% of holiday cost.
Tradewind Travel is the trading name of Tradewind Travel Limited, registered in England and Wales, Company Number 6213587, whose registered office address is at The Stable Block, The Priory Car Park,Quay Road, Christchurch, Dorset, BH23 1BU. Postal Address PO Box 6845 Bournemouth BH11 0DB which has a Civil Aviation Authority Travel Organisers Licence ATOL No. 9582, VAT Registration Number 884818765
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