Terms of Usage
Terms and conditions apply which affect your legal rights. Please read the below carefully.
These Booking Conditions and the information detailed in our ‘Before You Travel – Important Information’ section below will form the basis of your agreement with UNIQUE CARIBBEAN HOLIDAYS LIMITED, a company incorporated and registered in England and Wales with company number 04122639, whose registered office is at 32 Ives Street, London SW3 2ND (“UCHL”), an affiliate of the Worldwide Representative Unique Travel Corp. for Sandals, Beaches and Grand Pineapple Resorts. Please read both carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them. Except where otherwise stated, these booking conditions only apply 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 contract with you.
All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Unique Caribbean Holidays Limited.
1 OUR ABTA MEMBERSHIP
We are a member of the Association of British Travel Agents (ABTA), membership number Y6413 (our “ABTA Membership”). 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 (see further below). For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see section 14 headed “Arbitration” below), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com.
2 FINANCIAL PROTECTION FOR PACKAGE HOLIDAYS
We hold an Air Travel Organiser's Licence (ATOL) issued by the Civil Aviation Authority (CAA), ATOL number 11174 (our “ATOL Licence”). When you buy an ATOL protected flight or flight inclusive holiday* from us, you will receive an ATOL certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL certificate, will provide you with the services listed on the ATOL certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder (being another travel provider) may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. You also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the trustees of the Air Travel Trust Fund (the primary source of funding when an ATOL holder fails, administered on behalf of the Air Travel Trust (ATT) by the Consumer and Markets Group (CMG) of the CAA) may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to the ATT trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. *The flights and flight- inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
If you book a flight with us and on the same day, the day before or day after, you also book your accommodation and/or car hire with us, an arrangement known as a “Flight-Plus” will be created of which we will be the “arranger”. Your Flight-Plus includes, as applicable, the flight(s), accommodation, car hire and any other tourist services (providing these form a significant part of the arrangements) which are booked through us within this period of time. Your Flight-Plus will be financially protected by our ATOL Licence and by the ATOL scheme as set out above.
3 HOLIDAY CONTRACT
When a booking is made, the ‘lead name’ on the holiday booking guarantees that he or she has the authority and does accept on behalf of all persons named on the booking and by their parent or guardian for all party members who are under 18, the terms of these booking conditions.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice to the lead name by email, using the details the lead name provided (see the section numbered 5 headed ‘Electronic confirmation invoices & electronic travel documents’ below for more detail). Subject to what follows, at the point our confirmation is issued, a binding contract comes into existence between us – see further below. The lead name should check this confirmation invoice carefully as soon as it is received and 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. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.
As explained above, a binding contract between us comes into existence when we dispatch our confirmation invoice to the lead name on the booking. We both agree that English Law (and no other) will apply to our contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see section 14 (Arbitration) below) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4 BOOKINGS / PAYMENTS
In order to confirm a booking a deposit of £175 per person or such other amount as notified to you (or full payment if booking within 71 days of departure) is required at the time of booking. The required deposit may vary depending upon the type of service being booked and will be advised at the time of booking. The cancellation charges which apply may also vary depending on the arrangements you have booked (see section 9 headed ‘Cancellations/Changes’ below).
Some airlines or fare types require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket which is non-refundable. Some hoteliers require full payment of accommodation costs and it may not be possible to amend or cancel these arrangements after they have been confirmed. In some cases it may not be possible to offer refunds for air tickets or accommodation costs which could incur a cancellation charge of up to 100% of that part of the arrangements. For reservations made within 71 days prior to day of departure, full payment is due at the time of booking.
Final payment of the balance of the holiday cost must be received by us 71 days prior to day of departure. In default of payment by the due date we reserve the right to treat your holiday as cancelled. In this case we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in ‘Cancellations/Refunds/Changes’ below depending on the date we reasonably treat your booking as cancelled. The total package price will be determined only after all specific items are selected and will be communicated to you prior to confirmation of the reservation. The items you have selected will be detailed on your confirmation invoice. UCHL reserves the right to re-invoice your reservation should any error or omission be made in computing the total cost of all components/travel arrangements required.
5 ELECTRONIC CONFIRMATION INVOICES & ELECTRONIC TRAVEL DOCUMENTS
As explained above, confirmation invoices, together with all relevant travel documents will be sent to you electronically using the email address provided by the lead name at the time of booking. We will assume that the email address given is correct, please notify us immediately if there are any changes.
Confirmations are issued when all components of your booking are confirmed. You will also receive detailed travel documents approximately 21 days before your date of travel. Electronic confirmation invoices and travel documents may be sent from a different email address to any you have used in correspondence with us, therefore you (the lead name) must check your email account (including your spam filters). If you do not receive your confirmation invoice or travel documents within ten (10) days of travelling, please call our Customer Support Team on 08000 22 30 30 immediately.
6 TRAVEL INSURANCE
We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.
7 TRAVEL ADVICE
It is your responsibility to make sure everyone travelling has valid travel documents (e.g. passport/visa) and has followed health advice. For up to date UK Government travel, security and health advice on a country by country basis please visit www.fco.gov.uk, www.hpa.org.uk and www.nathnac.org. Please see our ‘Before You Travel - Important Information’ section below for more details.
Infants under the age of 2 years on the date of outbound travel pay a reduced cost (across all cabins) as long as they sit on an adult’s lap. Please note infants DO NOT have a separate baggage allowance. We are unable to process requests for infant carry cots and infant seats which attach to the carry cot position. These infant facilities are never guaranteed and must always be arranged by you direct with the airline concerned. Any charge for the cot in the hotel room and for infant food has to be paid by the guest directly to the hotel. Cots and appropriate food cannot be guaranteed by us.
9 CHANGES/CANCELLATION BY YOU
You must request any changes you require in writing as soon as possible. We cannot guarantee that such requests will be met. Where we can meet requests, an amendment fee of £50 per person, will be payable along with any additional costs imposed by any of our suppliers requested within 70 days of departure, may be treated as a cancellation and rebooking and the cancellation charges below apply. Should you wish to cancel your holiday once it has been confirmed, the lead name must advise us in writing immediately. Your notice of cancellation will take effect when it is received by us and any reimbursement due to you in connection with such cancellation will be made within 5 days. As we incur costs from the time we confirm your booking the following cancellation charges will be payable. The percentage cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
|Period before departure within which written notification of cancellation is received by us||Cancellation charge per person cancelling|
|71 days and over||Deposit Only|
|14–0 days / No Show||100%|
Some airlines, fare types, hoteliers, or other suppliers require full payment at the time of booking and it may not be possible to amend or cancel these arrangements after they have been confirmed. In such cases we reserve the right to pass these costs onto you in full such that the cancellation charges that apply to your booking may be different to those stated above. You will be informed of any such different cancellation charges which may apply at the time of booking. It is not possible to make refunds after departure from the UK for any services not used or partially unused. In certain cases the price of your holiday is calculated by reference to the number of occupants of a room. If one of these occupants cancels, not only will there be a cancellation charge, but also the remaining members of your party may have to pay an additional sum. Any name changes will be regarded as a cancellation and rebooking and applicable cancellation and booking charges will apply.
10 CHANGES AND CANCELLATION BY US
UCHL reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We also reserve the right to cancel confirmed bookings. However, we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control (i.e. by reason of “force majeure” – see the section numbered 11 below).
Most changes we may need to make 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 less convenient for you, a change of outward departure time or overall length of your holiday of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period. If we have to make a significant change 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. accepting alternative arrangements from us of equivalent or superior standard to those originally booked, or less expensive package, in each case as and where 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
b. accepting the cancellation or rejecting any available alternative arrangements (in each case effectively withdrawing from the contract between us) in which case you will receive a full refund of all monies you have paid to us.
It is a condition of this section that you inform us of your decision in respect of the above options as soon as possible. If we have to make a significant change or cancel 10 weeks or less before departure, subject to the exceptions below, we will pay you the following compensation:
|Period before departure during which a significant change or cancellation is notified by us to you||Compensation per person (excluding infants)|
|71 days or over||nil|
You acknowledge that you are not automatically entitled to compensation and such compensation will therefore be paid at our discretion to reflect your actual loss resulting from the change or cancellation (as applicable) that we have made. Please note that the figures quoted above are by way of guidance only and may, in appropriate circumstances, be increased.
We will not pay you compensation in the event that we are forced to make a significant change or cancel your arrangements 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 (see the section numbered 11 and headed ‘Force Majeure’ below). These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by the airline or main charterer. We regret that, save as set out above, we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. For the avoidance of doubt, we will endeavor to inform you of any minor changes to your booking but are not obliged to do so.
Changes after departure
Very rarely, we may be forced by reason of “force majeure” (see the section numbered 11 and headed ‘Force majeure’ below) to change or terminate your arrangements after your departure. If this situation does occur, subject always to our statutory duty to make suitable alternative arrangements, 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.
11 FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our or our suppliers’ obligations under this contract which are caused by events beyond our reasonable control (an event of force majeure). In these Booking Conditions, “force majeure” includes any act, event, non-happening, omission or accident which we or the supplier of the service(s) in question could not, even with all due care, reasonably foresee or avoid. Such events may include:
- strikes, lock-outs or other industrial action;
- war or threat of war (whether declared or not), riot, invasion, civil strife, actual or threatened terrorist activity;
- industrial dispute;
- explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions or fire;
- nuclear disaster;
- building or development works local to any accommodation booked in connection with your travel arrangements;
- failure (however temporary) in the supply or availability of utilities to any accommodation booked in connection with your travel arrangements;
- all similar events outside our control.
Our performance under this contract is deemed to be suspended for the period that the force majeure event continues. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under this contract may be performance despite the force majeure event. In particular, we reserve the right to alter or cancel your booking (including any package) as we see fit in accordance with these Booking Conditions.
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 the section numbered 15 entitled ‘Liability’ below) as a result of a force majeure event.
Excursions or other tours that you may choose to book or pay for when booking your holiday or whilst you are on holiday are not part of your package holiday provided by us. For any excursions or other tours 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. Excursions include any sightseeing trips, experiences, events, tours or similar that you choose to go on in resort which you pay extra for. We act simply as booking agent only when selling excursions, for the relevant supplier, who will be named on your ticketing information. The law that applies to such excursion sales will typically be the law in which the excursion takes place. If you have any complaint about any excursion you should complain to the excursion provider and any claims should be brought against them.
13 COMPLAINTS AND PROBLEMS
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, it is a condition of this contract that you take up the matter locally with our supplier at the place where the services are provided (for example, the resort manager) and contact and inform us using our 24 hour Helpdesk on 08000-223030. Please note we will not reimburse any mobile phone charges to our helpdesk service office.
Most problems or complaints can be resolved while you are away and we shall make prompt efforts to find appropriate solutions to any complaints you make to us concerning a defect in performance. However, until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly providing you inform us and the relevant supplier.
If you remain dissatisfied following our efforts to resolve your complaint, you must write to us at your earliest opportunity and in any event within 28 days of your return to the UK, giving full details of your complaint. You can submit correspondence via Royal Mail or email us at email@example.com. You must also, at your earliest opportunity and in any event within 28 days of your return home, inform the relevant supplier of the package service concerned.
We regret we cannot accept liability for any complaints or claims if you fail to notify the complaint or claim in accordance with this section 13.
Nothing in these Booking Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence.
Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element.
Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code of Conduct (referred to above) does not require such agreement.
For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent (for example, on excursion sales), please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
If you book a package holiday with us we will accept responsibility for the package holiday in accordance with section 15(b) below as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992. A “package holiday” is a pre-arranged combination of at least two out of the following: (a) transport; (b) accommodation; or (c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements, where the arrangements making up this combination are booked through us at the same time at an inclusive price and which last at least 24 hours or include overnight accommodation.
15(a) If your arrangements do not constitute a package then section 15(b) below will not apply and UCHL’s obligations to you will consist of using reasonable skill and care in making your booking and arranging your chosen services, as well as using reasonable skill and care in choosing the suppliers concerned and shall be limited in accordance with clause 15(e) below.
In the unlikely event of our financial collapse/insolvency, any money that you have paid to us in connection with a non-package booking is not protected by any financial scheme. Such financial protection is only available where you book a package. If such financial protection is important to you, we recommend that you consider taking advantage of our package options, or obtain appropriate travel insurance to guard against such loss.
15(b) If your arrangements constitute a package holiday we promise to make sure that the package holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, 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 (for employees) or carrying out work we had asked them to do (for agents and suppliers). Nothing in these Booking Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence.
15(c) Subject always to the foregoing, we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of your party; or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday; or (iii) matters which were unforeseeable, unavoidable or which could not have been forestalled, including circumstances of 'force majeure' as defined at section 11 above.
Where any failure in the performance of the package booking is attributable to a third party unconnected with your package, or due to unforeseeable circumstances, or due to any event that could not have been foreseen or forestalled, we will provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure or as a result of any activity which does not form part of the contracted package arrangements, such assistance will be limited to £100 per booking.
15(d) Please note, we cannot accept responsibility for any services which do not form part of our contract (whether a package or non-package booking). This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see section 12 (Excursions) above. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and such other standard as may be required by law and we do not have any greater or different liability to you.
15(e) The assurances we give about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations and norms of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws, norms and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
15(f) As set out in these Booking Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us, as follows: Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £100 per person affected unless a lower limitation applies to your claim under this section 15(f) or section 15(g) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury (our liability in respect of which shall be unlimited), if we are found liable to you on any basis the maximum amount we will have to pay you 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 section 15(g) below. This maximum amount will only be payable where you have not received any benefit at all from your holiday.
15(g) 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 or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay 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 concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, and the Athens Convention for international travel by sea (as amended by the 2002 protocol where applicable). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not 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 carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.
15(h) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description: (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self-employed loss of earnings.
All prices quoted are calculated on rates of exchange as known at the time of booking. Prices can go up or down at any time and we reserve the right to alter the prices of any of the travel arrangements shown. You will be advised of the up to date price of your chosen holiday, including the cost of any supplements, fuel surcharges, upgrades or additional facilities (excluding any excursions, as referred to at the section numbered 12 headed “Excursions” above) that you wish to book before your contract is confirmed. Due to the volatility of the supplier’s prices, quotes given can only be regarded as an indication and UCHL can only confirm the price once a booking has been made, as per the confirmation invoice.
In respect of package holidays, changes in fees (including transportation costs, fuel costs, taxes, fees such as landing taxes or embarkation/disembarkation fees at airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays, we will absorb and you will not be charged for any increase equivalent to up 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 2%. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding amendments charges), you will have the following options:
- 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 be refunded the difference in price), or
- cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred.
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 your package for this reason, you must exercise your right to do so within 14 days from the issue date printed on your revised invoice.
For arrangements which are not packages, we reserve the right to pass on any cost increases to you in full.
17 GROUP BOOKINGS
When booking a Group (5 rooms or more) with Sandals & Beaches Resorts you will receive a separate Groups Contract which will supersede our standard terms & conditions.
18 OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in accordance with section 9 ‘Changes/cancellation by you’ above.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds any part of this contract to be illegal, the rest will continue in force. Each of the paragraphs and sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
18.7 Any notice that you need to send us under these Booking Conditions (for example, any notice of cancellation) must be sent to UCHL’s registered address, as set out below:
Unique Caribbean Holidays Limited Registered company number: 04122639
Registered address: 32 Ives Street London Greater London SW3 2ND
ABTA membership number: Y6413
ATOL licence number: 11174