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PLEASE READ CAREFULLY:
When you contact ALGARVE SELECT either direct or through an agent to book your holiday, you guarantee that you have the authority to accept on behalf of your party the terms of these booking conditions. ALGARVE SELECT act as the principal in your holiday booking. All bookings are subject to availability. Once a deposit has been paid and you have accepted the stated liabilities and booking conditions below, we will confirm your holiday in writing and accept responsibility for the provision of your holiday within the booking conditions below. From that point onward, a contract is made between us.
1) LEGAL IDENTITY
ALGARVE SELECT is the trading name of Holidays Select Ltd, registered in England number 2439664 at Emerson House, Heyes Lane, Alderley Edge, Cheshire, SK9 7LF (VAT number 298 9420 00). These booking conditions, together with our general information, form the basis of our agreement to book your travel arrangements for you.
2) CONTACT DETAILS
Telephone: 0800 716136 or 01625 539505
Fax: 01625 539506
E-mail: reservations@algarveselect.com
TTrading Address: 3 Grove Street,
Wilmslow, Cheshire SK9 1DU
Hours of trading: Monday-Friday 09:00-17:30 hours
3) DEPOSIT AND BALANCE PAYMENTS
Completed confirmation and invoice including all clients’ names will be issued upon receipt of a deposit of £95 per person, plus airfare if applicable. The full amount must be paid at least 10 weeks before departure. If, for any reason, the balance is not received by us by the date due, we must reserve the right to cancel the booking and retain the deposit. If you have paid in full for your flight at the time of booking, these monies will also be retained.
4) PAYMENT FROM YOU
Any money you pay to your travel agent acting on our behalf is held as a deposit against your holiday and ALGARVE SELECT is the principal in that transaction and your holiday will be guaranteed.
You should also be issued with a receipt which has our ATOL 2101 number on it.
5) 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 2101. 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. If you book arrangements other than a package holiday from this Brochure, your monies are protected by way of a bond held with ABTA.
6) IF YOU CANCEL
From the moment we confirm your holiday, we start to incur costs and the closer you cancel to your departure date the less likely we are to re-sell it.
All cancellations must be in writing, signed by the party leader and sent by recorded delivery.
The cancellation charges will be calculated, from the table below, from the date we receive your cancellation letter. We will then send you a cancellation invoice showing the relevant charges
The above-mentioned holiday cost doesn’t include any amendment charges which are not refundable in the event of your cancellation.
Some scheduled airfares, which have to be paid in full at the time of booking confirmation, will be totally non refundable and therefore the cancellation charges below will not apply to the airfare content of your holiday.
Date of Cancellation Charges as a Percentage of Holiday Cost
More than 42 days before departure Deposit only
28-42 Days 60%
15-27 Days 80%
1-14 Days 100%
If you have to cancel for a reason that is covered by an insurance policy you may be able to claim your cancellation charge.
Please also note that it is not possible to make refunds for any services booked but not used.
7) YOUR INSURANCE
You must have suitable insurance cover – preferably from the moment you book – so that you benefit from cancellation cover straightaway.
8) DATA PROTECTION
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration, if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us, such as details of any disabilities or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Full details of our data protection policy are available upon request.
9) CHANGES BY YOU
If you wish to change any details after we have sent a written confirmation, we will do our best to help. Any changes must be made in writing and signed by the party leader. A minimum charge of £25 per person will be applied to cover administration costs, provided we can effect the change.
Changes of departure date and numbers travelling may be treated as a cancellation (see scale above, Clause 6).
If you change the number of people for whom you have booked, the holiday cost will be recalculated for the new party size. If the changes result in a higher price per person (if it leaves accommodation under-occupied) the increase will not be treated as a cancellation charge, and will not be covered by insurance.
If you wish to extend your stay whilst on holiday, this will be subject to availability and may result in empty aircraft seats, which you will have to pay for.
10) CHANGES BY US
The arrangements in this Brochure and Price Booklet were put together many months in advance and we must therefore reserve the right to make alterations to the Brochure and holiday details both before and after your booking has been confirmed. Most alterations to confirmed arrangements are minor, such as a change in departure time by less than 12 hours or the withdrawal of some facility in the accommodation. We will do our best to tell you of any such changes before you leave but we will have no other liability.
Sometimes we have to make a significant change to your holiday. A significant change means one of the following:
1. Change of U.K. departure airport.
2. Change of your time of departure by more than 12 hours.
3. Change of resort area.
4. Change of accommodation to an inferior property.
If we have to make a significant change you may either:
i) Accept the changed arrangements or
ii) purchase another holiday from us at the advertised price (and pay or receive
a refund in respect of any price difference) or
iii) cancel your holiday and receive a full and prompt refund of all monies paid.
If you choose (i) or (ii), we will reduce the price of your holiday by the compensation shown in the scale below, or if you choose (iii) we will issue a credit note towards the cost of a future ALGARVE SELECT holiday taken before October 2011, or pay the sum shown in the compensation table below (Clause 11). However, we cannot pay compensation or issue credit notes where any significant change is caused by unusual and unforeseeable circumstances beyond our control, the consequence of which we could not have avoided even with all due care. Such circumstances include, but are not limited to, those mentioned under: “IMPORTANT NOTE” below (Clause 12).
11) COMPENSATION PER PERSON
Notification Period - Compensation Per Person
Notification Given More Than 42 Days Prior To Departure - Nil
Between 29-42 Days - £10
Between 8-28 Days - £20
Between 0-7 Days - £40
12) IMPORTANT NOTE
The maximum reduction given per fare paying passenger is £40.00, irrespective of the number of changes made to a booking. In all cases, our liability in relation to significant changes or cancellation by us is limited to the payments set out in the compensation table above. No compensation is payable for minor changes
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason of circumstances amounting to “force majeure”. Circumstances amounting to “force majeure” include any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, or threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions, fire, closure of ports or airports and other similar events.
13) PASSPORTS AND VISAS
Passengers are responsible for complying with the health regulations and visa requirements of the countries they wish to visit and also for the validity of travel documents.
14) YOUR TICKET CONDITIONS
When you travel with an air or road carrier, their conditions of carriage apply, some of which limit or exclude liability. These conditions are often the subject of international agreements between countries and copies of the conditions, which apply to your air or road travel, are available for inspection at the Travel Agents where you book your holiday or ALGARVE SELECT offices.
15) PUNCTUALITY AT CHECK-IN
We cannot accept responsibility for persons who miss their flight through late arrival on check-in. Check-in is at least 2 hours prior to scheduled departure times shown on air tickets.
16) SOLVING YOUR PROBLEMS
Should you have any problems with any aspect of your holiday, you must notify our local representatives immediately, so that they can try to resolve the problem
Details of your complaint will be recorded on a Client Comment form, one copy of which will be given to you and another sent to our Head Office. Should our representative be unable to resolve your complaint and you wish to take up the matter after your holiday, you must write to ALGARVE SELECT within 28 days of your return, setting out full details of your complaint and quoting the reference number of your copy of the Client Comment form. A full investigation will then be made. We cannot accept any complaints received after this time.
Any dispute arising in connection with this contract which cannot be amicably settled may be referred to Arbitration, under a special scheme devised for the Travel Industry administered by IDRS, part of Chartered Institute of Arbitrators, by arrangement with ABTA.
The Scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of the costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is a limit of £25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rule of the Scheme provides that the application for arbitration must be made within nine months of the date of return from the holiday but in special circumstances it may still be offered outside this period.
17) OUR OBLIGATIONS AND BROCHURE
Our obligation to you is to provide you with the holiday you have booked, as described in the Brochure.
All information and Brochure descriptions are as accurate as possible. However, arrangements and descriptions in the Brochure are prepared many months in advance of your departure date. We cannot guarantee that any amenity, service or facility will be available for your holiday. We reserve the right to make unavoidable changes. We will advise you at the earliest opportunity of any significant changes to your holiday.
18) OUR LIABILITY
a. Subject to the “IMPORTANT NOTE”, we accept full liability for the quality of the holiday we have confirmed to you. If you have a justified complaint about any of the services forming part of the holiday confirmed, then as long as you have followed the simple disputes procedure (described earlier) we will pay you reasonable compensation. We also accept responsibility for our employees, agents, suppliers, sub-contractors except where these result in death, personal injury or illness (dealt with below). However, except where personal injury, illness or death results, our liability is limited to twice the holiday price (excluding insurance premiums and amendment charges) of the person(s) affected in total. In addition, in respect of air and sea carriers, our obligations and liabilities are in all cases limited as if we were carriers within the appropriate international conventions.
b. We accept responsibility should you or any member of your party suffer death, injury or illness as a result of any failure to perform, or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors providing they were, at the time, acting within the course of their employment except where the failure to perform or improper performance was due to:
i) Your own acts and/or omissions, or
ii) Those of a third party not connected with the provision of your holiday arrangements and which are unfore?seeable or unavoidable, or
iii) An event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care.
Please note, however, that in the case of air and sea carriers, our liabilities are limited as if we were carriers within the appropriate international conventions.
If the contract we have with you is not performed, or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to 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, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
It is, however, a condition of this acceptance of liability that you notify us of any claim in writing, within 28 days of your return from holiday and, where any payment is made, that you will assign to ourselves and our insurers any rights you may have to pursue any third party and will co-operate with ourselves and our insurers.
c. 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 11. If any payments to you are due from us, any payment paid 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.uk.
19) ENGLISH LAW
Your contract made in our conditions of booking is subject to English Law and jurisdiction.
20) ACCOMMODATION DETAILS
While our first-hand knowledge makes it possible for our staff to express other opinions, all holidays are booked solely on the information contained in the Brochure and anything said by our staff in the course of booking does not constitute additional warranties or guarantees unless confirmed in writing at the time the booking is made.
Note: While most properties with swimming pools are of a superior classification, please note that a private pool does not automatically denote luxury standard, nor do all private pools have depth markings.
21) SPECIAL REQUESTS
Any special requests you may have must be advised at time of booking. Whilst we will endeavour to meet such requests, we regret we cannot guarantee them and if they are not met this will not constitute a breach of contract on our part.
22) INDEMNITY
When you book a holiday with us you accept responsibility for any damage to property or accommodation caused by you or by any member of your party. You agree to indemnify us against any claims (including legal costs) made against us by or on behalf of the owner of any such property or accommodation.
23) DISABILITY
It is important that you advise us of any disability you or your party may have, in order that we can ensure that the travel arrangements, transfers, car hire and accommodation are suitable for your needs.
We can also help before you travel by supplying our Brochure, Price Booklet and Booking Conditions in large type; please ask our Reservations staff for a copy.
24) HEALTH REQUIREMENTS
At the time of publication, there are no health regulations applicable to U.K. residents visiting Portugal but these are subject to change and passengers are reminded that they are responsible for complying with entry and health requirements for all countries they intend to visit.
Department of Health leaflet (Ref T5) “A Traveller’s Guide to Health” is available from the DOH or your GP.
25) OUR FLIGHTS
Our flights are operated by a number of different carriers and we reserve the right to change airlines, destination airport or aircraft at any time. If we do, you will only be able to cancel your booking if you pay the charges set out under “IF YOU CANCEL”. All bookings are accepted subject to Civil Aviation Authorities granting licences.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows:
British Airways, BMI Baby, Excel Airways, Easyjet, First Choice Airways, Flybe, Globespan, Jet2, Monarch Airlines, TAP Air Portugal, ThomsonFly.
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 alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
26) FLIGHT TIMINGS
Flight timings are subject to confirmation and alteration by the U.K. and Overseas Airport Scheduling Committees.
Please check at time of booking for the most up to date timings, and check your final ticket and confirmation documents for the correct details. Your tickets will normally be sent at least two weeks before your departure.
Compensation will not be payable for changes to departure or return times of less than 12 hours.
Other changes which, for example, may give a reduced time in resort cannot be compensated.
27) GOLF TEE TIMES
Whilst we endeavour to satisfy clients requests for golf tee times, unfortunately we cannot guarantee them. Therefore we will endeavour to provide the nearest time to the time requested or, on the client’s request, we will try to secure a time as close as is possible to the time requested on an alternative golf course
ALGARVE SELECT accept no liability for any increase in costs of alternatives found or golf cancelled due to circumstances beyond our control.
28) BROCHURE PRICING
Prices in this booklet are correct at the time of going to press. They are for guidance only and your actual holiday price will be confirmed when you contact ALGARVE SELECT before booking your holiday.
29) FLIGHT DELAYS/CHANGES
Most flights operate on time, but in the event of a delay we will do our best to arrange for the agents of the airline to provide – if practical in the circumstances and given the airport involved – refreshments appropriate to the time of day for delays over 3 hours; overnight accommodation for delays over 12 hours, extending beyond midnight, subject to local availability and operational suitability.
It may also be necessary – before departure from the U.K. or overseas – to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons. Where such changes occur, it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used in this Brochure may be subject to change. Such a change is deemed to be “a minor change” – other examples of minor changes include alterations of your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004.
30) TRAVEL ADVICE
The Foreign and Commonwealth Office Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information on: BBC2 Ceefax – page 470 onwards; the FCO website – www.fco.gov.uk/travel; or call the FCO Travel Advice Unit on 0845 850 2829. Alternatively, you can contact the ABTA Information Department on 0901 2025050
(calls charged at 50p/minute).
31) ABTA STATEMENT
Holidays Select Ltd is a member of ABTA with membership number V5817. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact: ABTA, 68-71 Newman Street, London W1T 3AH; telephone: 020 7637 2444; or visit: www.abta.com.
32) ONLINE BOOKINGS
By clicking to book holiday arrangements and entering your personal and payment details on our website, you are making us an offer to purchase the arrangements selected, if they are available. When we receive this offer, we will contact the supplier of the arrangements concerned. Each supplier will require a short period of time to check to see if your chosen arrangements are still available at the price quoted.
When you make an offer to us to purchase the arrangements selected, if available, we will send you an e-mail confirming your reservation. This is an acknowledgement that we have received your offer. If the arrangements are available, but not at the price quoted or dates available, we will contact you by telephone or e-mail to give you the option to purchase the arrangements at the revised price or on alternative dates. If agreed, we will contact you via e-mail and/or telephone to let you know that the arrangements have been booked and we will then process the payments.
33) NON ONLINE BOOKINGS
Alternatively, to make a booking you can contact us as featured on our website. These terms and conditions will apply.
Contact us immediately if any information which appears on the confirmation, or any other documentation, appears to be incorrect or incomplete as it may not be possible to make changes later. Please note: it may not be possible to make any changes without incurring fees. Any changes will also be subject to any charges as per the supplier terms and conditions.
PRICES AND THE RIGHT TO SURCHARGE
Changes in transportation costs – including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes, 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. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday, if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more, but if it is of lower quality you will b e refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. 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. Should the price of your holiday go down, due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Prices have been calculated at a ROE of 1.15.
All prices include V.A.T. and other taxes as applicable.
Payment by credit card will attract a supplement of 1.5%; payment by American Express cards attract a 2.5% fee.
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