TERMS AND CONDITIONS OF BOOKING
Where we act as Principal you enter into a contract with us when we issue our confirmation invoice. If you then cancel, there will be cancellation charges. Initially this is your deposit, but after you’ve paid the balance of the holiday price, charges rise and can go up to 100%.
You can make changes to your booking in certain circumstances. We make a charge for this. We can change and cancel your booking. We’ll pay you compensation in certain circumstances.
We are responsible to you for providing your holiday but there are legal limits.
Where we act as Agents we arrange for you to enter into contracts with the suppliers of services (e.g. tour operator/airline/cruise company/accommodation company. Their Terms and Conditions will apply. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them.
We are a Member of ABTA membership no. [XXXXXXX]
We hold an ATOL (Air Travel Organiser’s Licence) no. [XXXXXXX]
NB read the full terms below for more information and for other important rights and obligations.
Your holiday is protected by our ATOL Licence and by being a member of ABTA in the following ways:
ATOL stops you losing money or becoming stranded abroad if your travel company collapses while you are on holiday in which event the scheme will make sure you can finish your holiday and return home. If the company collapses before you leave the UK, the scheme will provide a full refund for the holiday.
ATOL protection applies to virtually any overseas air holiday booked with a UK travel company. The law says your holiday must be protected if you book a holiday with a single travel firm that includes:
- flights and accommodation (including a cruise), or
- flights and car hire, or
- flights, accommodation and car hire.
The scheme also applies when:
- You book flights (including UK domestic flights) but do not receive your tickets immediately. This is most common with charter flights, but can also apply to discounted scheduled flights. Please note that ATOL does not apply to holidays or flights booked direct with scheduled airlines or to flights booked with airline ticket agents.
- Your holiday involves at least one flight to or from the UK. For instance, a fly/cruise break where you travel out by ship and fly home, or a holiday in France where you travel out by Eurostar but fly home.
- You book a package that includes UK domestic flights
- The ATOL scheme also applies if you book flights but are not immediately given your ticket.
- It does not apply to flights or holidays booked direct with scheduled airlines.
If your holiday is ATOL protected, as soon as you have booked you will be given an ATOL certificate which describes the extent of the holiday protection. Your ATOL Certificate is proof the holiday you have booked is protected by ATOL. It explains what protection you have and what to do if your travel company collapses. Keep it somewhere safe and take it on holiday so you know how to make an ATOL claim if you need to.
WHERE WE ACT AS PRINCIPAL
YOUR CONTRACT IS WITH Eligasht (UK) Limited, a company registered at Companies House, No. 10097967, whose registered office is 35 Beaufort Court Canary Wharf, London, United Kingdom, E14 9XL and whose trading address is 185 Kensington High Street, London, W8 6SH.
1. Your holiday contract
A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. Your contract is governed by English Law within the jurisdiction of the Courts of England and Wales.
2. Paying for Your Holiday
When you make your booking you must pay the full holiday price at the time of the booking.
3. If You Cancel Your Holiday
If you cancel your holiday after payment in full has been made you will not be entitled to any refund. We recommend, therefore, that you insure against this eventuality. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
4. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of (£XXXXXXX), and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Apex Tickets, ‘Advanced Purchase Excursion Tickets’) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. When we can cancel and change your holiday and your holiday price
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. We will not cancel your travel arrangements less than [XXXXXXX] weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
If we cancel or significantly change your booking you will have rights to a refund and possibly compensation, see clause 6 below.
Changes in transportation costs, including the cost of fuel dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure.
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 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 (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. 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.
6. If we cancel or change your booking
If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).In some cases we will pay compensation (see below).
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes. 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 or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
You are strongly advised that you have adequate insurance cover in place. Such insurance will ensure that you are properly covered against unexpected cancellation charges, medical costs that might be incurred while you are away, loss of money, or belongings, or personal liability claims. Should you book insurance through us, you will be covered from the date that the insurance premium is fully paid (normally at time of booking). Insurance is provided by [NAME AND ADDRESS OF INSURANCE COMPANY]
You must provide us with the following details when taking out the insurance through us:
(a) The correct ages of all persons requiring insurance.
(b) That you are not aware of any reason why the holiday should be cancelled or curtailed;
(c) That no person to be covered by the insurance policy is receiving or awaiting treatment as a hospital in-patient;
(d) That no person is traveling against the advice of their doctor or for the purpose of obtaining medical treatment or where a terminal prognosis has been given;
(e) That if you or any other member of your party has received treatment as a hospital in-patient during the six months prior to booking you/they have obtained medical opinion as to the advisability of taking the holiday;
You are not bound to accept our own insurance cover or that of a tour operator, however, you must satisfy yourself that your cover at least matches that provided by ourselves or the operator. We would be pleased to arrange cover at the time of booking, though you are free to make your own arrangements. In this instance we will send you an insurance indemnity form to sign on behalf of your party in this regard.
If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Compensation If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
IF WE CANCEL OR MAKE A MAJOR CHANGE TO YOUR HOLIDAY
Force Majeure We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics.
7. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of  times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport contractual terms, or the international conventions, from us. Under EU law (Regulation 261/2004) 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 will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
8. Your financial protection
All the package and Flight-Plus holidays we sell come with protection for your money. If you buy a single travel service then this might not apply. Package holidays are protected by the package organiser and we will provide you with their confirmation. Our Flight-Plus holidays are ATOL- protected (our ATOL number is XXXXX). A Flight-Plus is where you purchase through us, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate suppliers. From 1st July 2018 Flight-Plus holidays will fall into the broadened definition of a package or the new category of LTA (Link Travel Arrangement) when the Package Travel Directive 2015 (PTD) comes in force.
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. On all Flight Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your service providers.
In respect of our Flight-Plus holidays, we are obliged to tell you:
• We or the suppliers of the services you have bought will provide you with the services you have bought (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 may provide you with the 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. However, 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 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 those 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.
We provide full financial protection for our package holidays, by way of a bond held by HCC International Insurance Company Plc incorporated in England registered number 1575839 whose principal office is at The Grange, Rearsby, Leicestershire, LE7 4FY in a sum approved by the CAA for the ATOL and by ABTA.
ABTA: We are a Member of ABTA, membership number [XXXXXXX]. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
10. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Eligasht (UK) Limited 185 Kensington High Street, London, W8 6SH giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 9 above on ABTA.
11. Prompt assistance in resort
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.
12. Passport, Visa and Immigration and Health Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. It is your responsibility to check health requirements applicable to your nationality and which are subject to change at any time and you must check current requirements before departure. All clients must be in possession of a full 10-year passport at least 180 days remaining after your intended return. Please note that for air travel within the British Isles photographic identification is now required.
Please ensure that you ask your doctor for any medical advice applicable to the countries you will visit. It is your responsibility to check if you require any vaccinations at least six weeks before you travel. Make sure that any medication you need to take regularly is legal in the country you are traveling to and we advise you to pack any prescription medication in your hand luggage taking the prescription with you. For UK & EU citizens if you are traveling within the EU, you are also advised to obtain an EHIC card from the Post Office and follow the instructions contained therein as this card allows the holder to obtain reduced cost or free emergency care.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. Any excursions booked through us will be an additional cost and charged as a separate item and included as part of the holiday.
14. Travel Agents
All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
15. Exchange rate used
The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on the booking date.
16. Law and jurisdiction
This contract is governed by English Law, and the jurisdiction of the English Courts.
We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
18. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund. 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.
19. Delivery of documents
All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will be sent to you by First Class post. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below.
20. Service Charges
In certain circumstances we apply a service charge for the services we provide.
WHERE WE ACT AS AGENTS
a. CONTRACT: These are the terms on which we will make a booking for your travel or holiday requirements with another supplier. When making your booking we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. tour operator/airline/cruise company/accommodation company) named on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s (s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
b. BOOKING DETAILS: When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. 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.
c. PAYMENT: You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
d. CANCELLATION and AMENDMENT: Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.
e. INSURANCE: 1) Many principals/suppliers require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. 2) We can also offer you insurance against the financial failure of the principal(s)/ suppliers(s) of your travel arrangements. This costs only ₤[XXX] and is highly recommended where you would not otherwise be protected e.g. when you buy a no-frills flight. Further details will be provided at time of booking.
f. COMPLAINTS: Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA Member then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
g. FINANCIAL PROTECTION: Please see clause 8 above. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers.
h. FINAL TRAVEL ARRANGEMENTS: Please see clause 18 above. 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.
This brochure is our responsibility. 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.