Booking Conditions
The conditions of booking set out below are in accordance with the ABTA code of conduct for tour operators. PLEASE READ CAREFULLY.
1. Validity
The holidays featured in this brochure operate within the period 1 Jan 2008 - 31 Dec 2008 inclusive.
2. Booking Your Holiday
Once you book your holiday with us this brochure forms the basis of the agreement between us (the operator) and you and your party. Set out below are further details of your, and our, obligations once the booking has been made. When you book your holiday your agreement will be with John Leask & Son. Some of the questions you might have about booking are answered below.
a. How is the agreement made?
Your party leader must sign the booking form accepting the conditions
of this agreement. The holiday contract incorporates all the
information contained in the brochure. The agreement or contract is
concluded only when the invoice is despatched to you or your travel
agent after receipt of acceptance of your booking form and deposit. You
must check the invoice carefully and raise any queries immediately. The
agreement is governed by Scottish Law and exclusive jurisdiction is
conferred on the Scottish Courts.
b. Is my money safe?
Leask P R & Leask A J N t/a John Leask & Son is a
member of the Association of British Travel Agents, therefore your
money is fully protected by their guarantee bonding system. In
addition, Leask P R and Leask A J N t/a John Leask & Son is
bonded through CAA by means of an ATOL licence.
c. Can the price of my holiday go up?
All basic holiday prices are guaranteed as they are based on contracted
hotel and airline rates for the duration of this brochure, however, we
cannot guarantee against fuel surcharge and government tax increases.
We will absorb a small increase, but should the price rise
significantly, we will offer clients the opportunity to pay in full
prior to the increase taking effect, otherwise we will have to
re-invoice at the increased rate. If neither option is acceptable, a
full refund of all monies paid will be offered.
d. When do I pay?
You pay the deposit immediately in all cases and if you book within 8
weeks of departure, the total cost of your holiday. On receipt of the
completed booking form and deposit we will issue a final invoice
showing the total cost of your holiday. This must be paid not later
than 8 weeks before your departure date. No further reminder is sent to
you and, if the balance remains unpaid then we reserve the right to
cancel your booking and make a cancellation charge as shown in
paragraph 2f. If your reservation has been made through a travel agent
it is important to note that these monies are held by that agent at all
times on behalf of the ATOL licence holder.
e. Can I change my booking and what will it
cost?
If after our invoice has been issued you wish to change to another of
our holidays or alter your booking in any way (e.g. by changing your
departure dates or accommodation) we will do our utmost to make the
changes within the restrictions of the airfare, provided written
notification is received at our office from the person who signed the
booking form, or your travel agent, at least 6 weeks before your
departure date. This must be accompanied by a payment of
£10.00 per person to cover administration costs.
NB: Any alteration by you within six weeks of departure
will be treated as a cancellation of the original booking and will be
subject to the cancellation charge set out below. Any new arrangements
made will be treated as an entirely new booking.
f. Can I cancel my booking and what will it
cost?
Yes, but you will appreciate that we have begun to incur costs from the
time we reserve your holiday. Should you or any member of your party
cancel your booking once it has been accepted this must be in writing
and signed by the person who signed the booking form. This is effective
from the date it is received at our office. All cancellations incur a
charge payable by you to compensate us for our estimated losses and
expenses, calculated as shown here as a percentage
of the total holiday price of the person(s) making the cancellation,
inclusive of all extras except holiday insurance premiums. The minimum
cancellation charge is your deposit amount. After arrival, unused hotel
nights are absolutely non refundable.
| Periods before scheduled departure date within which written notification is received by us. | Cancellation charge: |
|---|---|
| More than 42 days | Deposit only |
| 42 to 29 days | 50% |
| 28 to 15 days | 75% |
| 14 to 1 days | 90% |
| Day of departure or later | 100% |
As well as the above charges, under-occupancy supplements may apply to the other members of that party. If one person in a twin room cancels we reserve the right to pass on the full cost of a twin to the person using that room.
3. Can My Holiday Arrangements Be Changed By The Operator?
a. Minor and major changes.
Yes, whilst the arrangements for holidays in this brochure are made
many months in advance, changes may unfortunately be necessary. We
reserve the right in our absolute discretion to make these. Changes are
usually minor, such as changes to aircraft departure times, sightseeing
feature and some accommodation facilities may be withdrawn and we will
do our best to provide alternative accommodation of similar or higher
classification. Sometimes major changes are necessary. These are
changes to your UK airport, holiday area, time of departure or return,
by more than 12 hours, and offering of accommodation with a lower
classification.
b. What am I entitled to following a major
change?
If we have to make a major change, you will be offered compensation or
a credit towards the cost of an alternative holiday chosen from this
brochure (where available) as follows:-
| Period of notification given prior to your departure date | Compensation per fare paying passenger |
|---|---|
| More than 8 weeks | NIL |
| Within 8 weeks | £10 |
| Within 6 weeks | £15 |
| Within 4 weeks | £25 |
| Within 2 weeks | £35 |
No other claims for compensation or expenses will be considered. Should you decide not to accept the above major changes, you may cancel your booking and we will refund all monies paid and, where you are advised of a major change within eight weeks of departure, issue you with compensation of £10.00 per person.
c. Can my holiday be cancelled by the operator?
Cancellation by us may be necessary in exceptional circumstances and we
reserve the right, at our absolute discretion, to cancel your holiday.
In the event of this, you will be offered a choice of alternative
holiday of at least the comparable standard, where available, or a full
prompt refund of any monies you have already paid. In no case except
for circumstances outwith our control, will your holiday be cancelled
after the date when your final invoice is due for payment.
Circumstances outside our control include war, threat of war, riot,
civil strife, industrial dispute, terrorist activity, natural and
nuclear disasters, fire or adverse weather conditions.
4. Are There Any Conditions Of Carriage Which Apply To The Journey?
Transport on an aircraft, coach, train or ship is subject to the conditions of carrier of that company, some of which limit or exclude liability. These conditions are often the subject of international agreement between the countries and copies of the conditions which apply to your holiday may be made available for inspection either at our office or at the office of the carrier concerned. By its contract with you, the operator does not enter into an agreement of carriage by air but only undertakes to reserve on your behalf accommodation on board an aircraft operated by one of the other airlines mentioned in this brochure or such other airline as may be substituted.
5. Complaints and Disputes
a. How do I make a complaint?
We always aim to provide you with the best holiday possible, but in the
unlikely event that a problem should arise we would ask you to contact
the airline, hotel or other supplier initially to resolve the matter on
the spot. If the problem cannot be resolved then this should be
followed up within 28 days of your arrival home by writing to your
travel agent or to us, stating clearly your invoice number, departure
date, travel reference, length of holiday, resort and name of
accommodation. By following this procedure you will enable us to deal
with your complaint promptly and you may expect to receive
acknowledgement within 14 days. A full and concise response (together
with an offer of compensation if appropriate) will follow within the
next 28 days unless we have been unable to investigate your claim fully
within that time, in which case you will receive a detailed reply
within 56 days of your initial correspondence.
b. What is the ABTA arbitration scheme?
We always aim to resolve amicably any complaints using our customer
service department. If this cannot be done, you are entitled to take
advantage of a scheme of arbitration devised by ABTA and administrated
by the chartered institute of arbitrators. The scheme provides a simple
and inexpensive method of arbitration on documents along with
restricted liabilities on the customer in respect of costs. The scheme
does not apply to claims which are solely or mainly in respect of
physical injury or illness. Details of the scheme will be supplied on
request. Redress under the scheme requires written notice requesting
arbitration to be made within nine months of the scheduled date of
return from the holiday. Arbitration levels are set at
£5,000.00 per person with a maximum per booking form of
£25,000.00.
6. Consumer Protection
The air holidays and flights in this brochure are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 3309. 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.
