| Booking Terms
and Conditions
These Booking Conditions will form the basis of your agreement
with PTG Tours Limited.
They apply only to holiday arrangements which you
book with us in the UK and which we agree to make, provide or
perform as applicable as part of our agreement with you.
References in these Booking Conditions to “arrangements” mean
such holiday arrangements. Changes to these Booking Conditions
will only be valid if agreed by one of our directors in
writing.
1. Booking and Confirmation
To make a booking, you must send us a completed and
signed booking form along with the payments referred to in
clause 2 below. The first named person on the booking will be
the party leader and will be responsible for making all payments
due to us. He/she must be at least 18, and be authorised to make
the booking on the basis of these Booking Conditions by all
persons on the booking. By signing the booking form, the party
leader confirms that he/she is so authorised and that all party
members agree to be bound by these Booking Conditions. After we
receive your booking form and all appropriate payments, if the
arrangements you wish to book are available, we will issue a
confirmation invoice. A binding agreement will come into
existence between us when we despatch this invoice to the party
leader. Contact us immediately if any information which appears
on the confirmation or any other document appears to be
incorrect or incomplete as it may not be possible to make
changes later.
English Law alone will apply to our agreement and to any dispute
or claim which arises between us out of it. Any such dispute or
claim must only be dealt by the Courts of England and Wales.
2. Payment
In order to confirm your chosen arrangements, you must
pay a deposit per person (or full payment if booking within 8
weeks of departure) as below:
All holidays not listed
below: £300
El Transcantabrico: £800
Non EU holidays: £800
The balance of the cost of your arrangements (including any
surcharge where applicable) is due not less than 42 days prior
to departure. If we do not receive this balance in full and on
time, we reserve the right to treat your booking as cancelled by
you in which case the cancellation charges set out in clause 4
below will become payable.
Credit card bookings are subject
to a 1.5% surcharge and debit card bookings to a 1% surcharge.
For flight inclusive bookings, all monies that you pay to one of
our authorised travel agents for your arrangements with us will
be held by that agent on our behalf until they are paid to us or
refunded to you.
3. The price of your arrangements
The prices shown in our brochure and on our website were
calculated on the basis of then known costs and exchange rates
of £1 to (1.20 euros to the £, 1.70 USD to the £) as shown in
the Financial Times Guide to World Currencies.
We reserve the right to amend the advertised prices of
arrangements at any time. We also reserve the right to correct
errors in both advertised and confirmed prices. Special note:
changes and errors sometimes occur. You must check the price of
your chosen arrangements at the time of booking.
Once the actual price of your arrangements has been confirmed,
no amendment will be made to it unless it is to make a
correction to an error, or if our costs change as a result of an
increase or decrease in transportation costs or dues, taxes or
fees payable for services such as embarkation or disembarkation
fees at ports or airports and any other airline cost changes
which are part of our contracts with airlines (and their agents)
or as a result of any changes in the exchange rates which have
been used to calculate the cost of your arrangements. Only if
the amount of the increase in our costs exceeds 2% of the total
cost of your arrangements (excluding insurance premiums and
amendment charges), will we make an additional charge. If any
additional charge is greater than 10% of the cost of your
arrangements (excluding insurance premiums and any amendment
charges), you will be entitled to choose one of options (a), (b)
and (c) as set out in clause 6 below. If you do not inform us
of your choice within 14 days from the issue date printed on our
additional charge invoice, we are entitled to assume that you
will pay the additional charge.
Any additional charge must be paid with the balance of the cost
of the arrangements or within 14 days of the issue date printed
on the additional charge invoice, whichever is the later. We
will not to levy an additional charge nor make a refund within
30 days of departure.
4. Changes and Cancellation by you
If you need to make any changes to your confirmed
arrangements, you must request the change in writing as soon as
possible. Whilst we will try to assist, we cannot guarantee
that such requests will be met. Where we can meet them, an
amendment fee of £30 per person/per booking may be payable along
with any costs incurred by ourselves and any costs or charges
incurred or imposed by any of our suppliers.
If you or a member of your party needs to cancel your confirmed
arrangements, the party leader must immediately advise us in
writing. Your notice of cancellation will take effect when it
is received at our offices. As we incur costs from the time we
confirm your booking, we will levy the following cancellation
charges. The percentage cancellation charge detailed is
calculated on the basis of the total cost payable by the
person(s) cancelling excluding insurance premiums and amendment
charges. Insurance premiums and amendment charges are not
refundable in the event of the person(s) to whom they apply
cancelling.
Period before departure within which written
Cancellation charge per
notification of cancellation is received by
us person cancelling
42 days or
more
deposit
29 – 41
days
50%
15 – 28
days
60%
5 – 14
days
90%
Less than 5 days (or
after)
100%
You may be able to reclaim these charges (less any applicable
excess) under the terms of your insurance policy.
If any member of your party is prevented from travelling, that
person(s) may transfer their place to someone else (introduced
by you) providing we are notified not less than 14 days before
departure and you pay an amendment fee of £50 and meet all costs
and charges incurred by us and/or incurred or imposed by any of
our suppliers.
5. Insurance
We consider adequate travel insurance to be essential. Please
read your policy and take it with you on holiday. It is your
responsibility to ensure that the insurance cover you purchase
is suitable and adequate for your particular needs.
6. Changes and cancellation by us
Because we begin planning the arrangements we offer many months
in advance, we must reserve the right to make changes to and
correct errors in holiday details both before and after bookings
have been confirmed. We must also reserve the right to cancel
confirmed bookings. However, we promise we will only cancel your
confirmed booking 42 days or less before departure where you
have failed to make full payment on time or as a result of
circumstances outside our control/“force majeure” as defined in
clause 7 below.
Most changes are minor but occasionally, we may have to make a
“significant change”. Examples of “significant changes” include
the following when made before departure; a change of
accommodation area for the whole or a major part of your
holiday, a change of accommodation to that of a lower official
classification for the whole or a major part of your holiday, a
change of UK departure point to one which is more inconvenient
for you, a change of outward departure time or overall length of
your holiday of twelve or more hours and, in the case of tours,
a significant change of itinerary missing out one or more major
destination substantially or altogether.
If we have to make a significant change (not including route
changes) or cancel, we will tell you as soon as possible and 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 or
(b) purchasing alternative arrangements from us, of a
similar standard to those originally booked if available (if the
chosen alternative is less expensive than your original one, we
will refund the difference but if it is more expensive, we will
ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case
you will receive a full and quick refund of all monies you have
paid to us.
Any offer must be accepted within 7 days otherwise we will
presume that you are happy with the alternative itinerary and
the offer will expire.
If we have to make a significant change (not including route
changes) or cancel 8 weeks or less before departure, subject to
the exceptions below, we will pay you the following
compensation:
Period before departure a significant change
Compensation per
person
or cancellation is notified to you
(excluding infants)
28 days or
more
none
15 – 27
days
£30
5 – 14
days
£40
Less than 5 days (or
after)
£50
We will not pay you compensation where we make a significant
change or cancel more than 4 weeks before departure or in the
event that we are forced to make a change or cancel as a result
of unusual and unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with
all due care.
We will not pay you compensation and the above options will not
be available if we make a minor change, route change, change of
advertised rail traction, or cancel as a result of your failure
to make full payment on time.
We regret we cannot pay any expenses, costs or losses incurred
by you as a result of any change or cancellation.
Very rarely, we may be forced by "force majeure" (see clause 7)
to change or terminate your arrangements after departure. If
this situation does occur, we regret we will be unable to make
any refunds (unless we obtain any from our suppliers), pay you
compensation or meet any costs or expenses you incur as a
result.
7. Force Majeure
In these Booking Conditions, "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. Such events may
include war or threat of war, riot, civil strife, actual or
threatened terrorist activity, industrial dispute, natural or
nuclear disaster, adverse weather conditions, fire and all
similar events outside our control. Except where otherwise
expressly stated in these booking conditions, we regret we
cannot accept liability or pay any compensation where the
performance or prompt performance of our obligations under our
agreement with you is prevented or affected by, or you otherwise
suffer any damage or loss (as more fully described in clause
8(1) below) as a result of force majeure.
8. Our Liability to you
(1) We promise that your holiday arrangements will be made,
performed or provided with reasonable skill and care. This
means that we will accept responsibility if, for example, you
suffer death or personal injury or your contracted arrangements
are not provided as promised or prove deficient and that is the
result of the failure of ourselves, our employees, agents or
suppliers to use reasonable skill and care in making, performing
or providing your arrangements. Further, we will only be
responsible for what our employees, agents and suppliers do or
do not do if they were at the time acting within the course of
their employment or carrying out work we had asked them to do.
It is your responsibility to show that reasonable skill and care
has not been used if you wish to make a claim against us.
(2) We will not be responsible for any injury, illness, death,
loss, damage, expense, cost or other claim of any description
whatsoever which results from: -
‑ the act(s) and/or omission(s) of the person(s) affected or any
member(s) of their party or
‑ the act(s) and/or omission(s) of a third party not connected
with the provision of your arrangements and which were
unforeseeable or unavoidable or
‑ 'force majeure' as defined in clause 7 above.
(3) We limit the maximum amount we may have to pay you for any
claims you may make against us.
The maximum amount we will have to pay you where we are found
liable for loss of and/or damage to any luggage or personal
possessions (including money) is £250 per person affected unless
a lower limitation applies to your claim under this clause or
clause 8(4) below.
For all other claims which do not involve death or personal
injury, the maximum amount we will have to pay you if we are
found liable to you on any basis is twice the price (excluding
insurance premiums and amendment charges) paid by or on behalf
of the person(s) affected in total unless a lower limitation
applies to your claim under clause 8(4) below. This maximum
amount will only be payable where everything has gone wrong and
you have not received any benefit at all from your holiday.
(4) Where any claim or part of a claim (including those
involving death or personal injury) concerns or is based on any
travel arrangements (including the process of getting on and/or
off the transport concerned) provided by any air, sea, rail or
road carrier or on any stay in a hotel, the maximum amount of
compensation we will have to pay to you will be limited. The
most we will have to pay to you for that claim or that part of
a claim if we are found liable to you on any basis is the most
the carrier or hotel keeper concerned would have to pay under
the international convention or regulation which applies to the
travel arrangements or hotel stay in question (for example, the
Montreal Convention for international travel by air , the
Athens convention for international travel by sea). Where a
carrier or hotel would not be obliged to make any payment to you
for any reason under the applicable International Convention or
Regulation in respect of a claim or part of a claim, we will not
be obliged to make a payment to you for that claim or part of
the claim. When making any payment, we are entitled to deduct
any money which you have received or are entitled to receive
from the transport provider or hotelier for the complaint or
claim in question. Copies of the applicable international
conventions and regulations are available from us on request. In
any circumstances in which the carrier is liable to you by
virtue of the Denied Boarding Regulation 2004, any liability we
may have to you under our contract with you, arising out of the
same facts, is limited to the remedies provided under the
Regulation as if (for this purpose only) we were a carrier; any
sums you receive from the carrier will be deducted from any
amount due from ourselves.
(5) We will not accept responsibility for services or facilities
which do not form part of our agreement or where they are not
advertised in our brochure. For example any excursion you
book whilst away, or any service or facility which your hotel or
any other supplier agrees to provide for you.
(6) The standards and regulations of the country in which the
facts giving rise to your claim or complaint occurred and the
promises we make to you about your arrangements, will be used as
the basis for deciding whether the arrangements in question were
provided with reasonable skill and care.
(7) This clause 8 is intended to set out our obligations to you
as an organiser under the Package Travel, Package Holidays and
Package Tours Regulations 1992. We will not accept any further
or different liability than these Regulations impose. In
addition, regardless of any contrary representations made by us,
we only promise to use reasonable skill and care as set out
above and we do not have any further or different liability to
you.
(8) You must tell us and the supplier concerned about your claim
or complaint as set out in clause 10 below. If asked to do so,
you must transfer to us or our insurers any rights you have
against whoever is responsible for your claim or complaint and
provide ourselves and our insurers with all co-operation and
assistance that may be reasonably required.
(9) We do not accept liability for (1) any damage, loss, expense
or other sum(s) of any description which, based on the
information you gave us at the time of booking, we could not
have foreseen you would suffer or incur if we breached our
contract with you; (2) any business losses.
9. Complaints and problems.
In the unlikely event that you have any reason to complain or
experience any problems with your holiday arrangements whilst
away, you must immediately inform our representative and the
supplier of the service(s) in question. Any verbal notification
must be confirmed in writing as soon as possible. Most problems
or complaints can be resolved while you are away, however if you
remain dissatisfied, you must write to us within 14 days of your
return to the UK giving your booking reference and full details
of your complaint. We regret we cannot accept liability for any
complaints or claims which do not involve death, personal injury
or illness, if you fail to notify the complaint or claim in
accordance with this clause.
10. Behaviour.
If we or any other person in authority is of the reasonable
opinion that you or any member of your party is behaving in such
a way as to cause or be likely to cause danger or upset to any
other person or damage to property, we will be entitled to
terminate the holiday of the person(s) concerned. The person(s)
concerned will be required to leave the accommodation or other
service and we will have no further responsibility to them
including any return travel arrangements. No refunds will be
made and we will not pay any expenses or costs incurred as a
result of the termination.
You will be responsible for making full payment for any damage
or loss caused by you or any member of your party during your
time away. Payment must be paid direct at the time to the
service supplier concerned failing which, you will be
responsible for meeting any claims subsequently made against us
(together with our own and the other party’s full legal costs)
as a result of your actions.
11. Special requests and medical problems
If you wish to make a special request, you must do so at the
time of booking. We will try to pass any reasonable requests on
to the relevant supplier but we cannot guarantee that requests
will be met. The fact that a special request has been noted on
your confirmation invoice or any other documentation or that it
has been passed on to the supplier is not confirmation that the
request will be met. Failure to meet any special request will
not be a breach of contract on our part unless the request has
been specifically confirmed.
If you or any member of your party has any medical problem or
disability which may affect your chosen holiday arrangements,
you must give us full details in writing at the time of
booking. If we reasonably feel unable to properly accommodate
the particular needs of the person(s) concerned, we will not
confirm the booking or, if full details are not given at the
time of booking, cancel when we become aware of these details.
13. Passports, visas and health requirements
The passport, visa and health requirements applicable at the
time of printing to British citizens for the arrangements we
offer are shown elsewhere in this brochure. Other than British
passport holders must check passport and visa requirements with
the Embassy or Consulate of the country(ies) to or through which
you are intending to travel. Requirements may change and you
must check the up to date position in good time before
departure. Information on health is contained in the Department
of Health leaflet T6 (Health Advice for Travellers) available
from your local Department of Health office and most Post
Offices. For European holidays you should obtain a completed
and issued form E111 or European Health Insurance Card (details
in leaflet T6 referred to above) prior to departure.
It is your responsibility to ensure that you are in possession
of all necessary travel and health documents before departure.
We regret we cannot accept any liability if you are refused
entry onto any transport or into any country due to failure on
your part to carry correct documentation. If failure to have any
necessary travel or other documents results to fines, surcharges
or other financial penalty being imposed on us, you will be
responsible for reimbursing us accordingly.
14. Financial security
The Package Travel, Package Holidays and Package Tours
Regulations 1992 require us to provide security for the monies
that you pay for the package holidays booked from this brochure
and for your repatriation in the event of our insolvency. We
provide this security by way of a bond held by the Civil
Aviation Authority under ATOL number
10060. In respect of all arrangements including flights
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. This means that in respect of
all arrangements including flights, in the unlikely event of our
insolvency, the CAA will ensure that you are not left stranded
abroad or will arrange to refund any money you have paid to us
for an advance booking except where your contracted arrangements
with us do not include transport to and from the UK. In this
case, if already abroad, you will be returned to the point where
your contracted arrangements with us commenced.
For further information, visit the ATOL website at
www.atol.org.uk. The price of our flight
inclusive arrangements includes the amount of £2.50 per person
as part of the ATOL Protection Contribution (APC) we pay to the
CAA. This charge is included in our advertised prices. Not all
holiday or travel services offered and sold by us will be
protected by the ATOL Scheme. If you book arrangements other
than a package holiday including flights from this brochure,
your monies are protected by way of an insurance policy arranged
by International Passenger Protection Limited and underwritten
by insurers who are members of the Association of British
Insurers. As evidence of cover, a certificate detailing this
cover will be given to you if this cover applies to you.
Please ask us to confirm what protection may apply to your
booking.
17. Accuracy of Prices and Brochure details
Important note: the information and prices shown in this
brochure may have changed by the time you come to book your
arrangements. Although we make every effort to ensure the
accuracy of the brochure information and prices at the time of
printing, regrettably errors do occasionally occur. You must
therefore ensure you check the price and all other details of
your chosen arrangements with us at the time of booking.
All details shown in the brochure are subject to on the day
availability and we reserve the right to substitute alternative
route, traction or transport where the advertised route,
traction or transport is unavailable for any reason.
This brochure is our sole responsibility. It is not issued on
behalf of and does not commit any independent
organisation/carriers whose services are featured in it.
21. Delay and other travel information
We regret we are not in a position to offer you any assistance
in the event of delay at your outward or homeward point of
departure. Any airline or other transport provider concerned
may however provide refreshments and/or appropriate
accommodation. We cannot accept liability for any delay unless
it has a significant effect on your holiday arrangements. PTG
can not be held responsible if any late running results in you
missing your flights/transport back to your home country. Please
make sure that your travel insurance covers such eventuality. We
cannot accept liability for any delay which is due to any of the
reasons set out in clause 11 of these booking conditions (which
includes the behaviour of any passenger(s) on any flight
who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in
this brochure or on our website and detailed on your
confirmation invoice are for guidance only and are subject to
alteration and confirmation. We shall inform you of the identity
of the actual carrier(s) as soon as we become aware of it. The
latest flight timings will be shown on your tickets which will
be despatched to you approximately two weeks before departure.
You should check your tickets very carefully immediately on
receipt to ensure you have the correct flight times. If flight
times change after tickets have been dispatched we will contact
you as soon as we can to let you know.
Please note the existence of a “Community list” (available for
inspection at
http://europa.eu.int/comm/transport/air/safety/flywell_en.htm)
detailing air carriers that are subject to an operating ban with
the EU Community.
Under EU Law, you have rights in some circumstances to refunds
and/or compensation from the 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. Reimbursement in such cases is the
responsibility of the airline and will not automatically entitle
you to a refund of your holiday price from us. If the airline
does not comply with these rules you should complain to the air
transport users council on 02072406061
www.auc.org.uk. This brochure is our
responsibility, as your tour operator. It is not issued on
behalf
of, and does not commit the airlines
mentioned herein or any airline whose services
are used in the course of your travel
arrangements. Please note that in accordance
with Air Navigation Orders in order to
qualify for infant status, a child must be under 2 years of age
on the date of its return flight.
Advance Passenger Information.
A number of Governments are introducing new requirements for air
carriers to provide personal information about all travellers on
their aircraft to the Authorities before the aircraft leaves the
UK. The data will be collected either at the airport when you
check in or in some circumstances when, or after you make your
booking. Accordingly, you are advised to allow extra time to
check in for your flight. Where we collect this data, we will
treat it in accordance with our privacy policy.
22. Our Right to Refuse
We reserve the right to refuse a
holiday booking from anyone without giving a reason.
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