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2005 BOOKING CONDITIONS - YOUR CONTRACT WITH SUNSAIL FLIGHTS
Your contract is with Sunsail Limited (trading name Sunsail Flights); hereafter referred to as "The Company" These conditions form your contract with the company, together with your confirmation invoice.
The contract exists when we receive your deposit payment. This contract will be construed in accordance with English law and it is agreed between us that each will submit to the jurisdiction
Of the English Courts.
If you make your booking through one of our authorised travel agents, all moneys you pay to the agent for your booking will be held by the agent on our behalf until they are paid to Sunsail or refunded.
When you or travel agent make the booking we will confirm it as soon as we receive your instructions verbally, electronically, or in writing. You must then pay the deposit.
Flight only Deposit
Europe £ 40 per person
Caribbean £100 per person
IT IS STRONGLY RECOMMENDED YOU ARRANGE TRAVEL INSURANCE TO COVER ANY CANCELLATION CHARGES & MEDICAL COSTS WHILST OVERSEAS.
On receipt of your booking we will send you a confirmation invoice together with these Terms and Conditions, by which you have the right to cancel with 48 hrs of receiving (or before flight check-in if earlier). Your balance is due 10 weeks before the date of departure. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested.
Should you book less than 10 weeks before departure the full amount must
be paid at the time of booking. Should it be necessary to arrange ticket
on departure we will charge you £10 per passenger. If you fail to
pay on time the Company shall be entitled to cancel the booking and cancellation
fees shown in paragraph 5 will be payable by you.
Final reminders will not be sent. Any notification of cancellation by the Company will be in writing. In addition if payment is late, clients paying their holiday balance by credit card will be charged an additional 1% surcharge per month of the balance overdue.
The Company will, wherever possible, try to arrange any alterations you may request after the contract is formed. Normally over 70 days before departure date no amendment fee will be charged except for a major alteration (such as a change of date or area). However, for such major alterations or repeated minor alterations a charge of £25 per person will be made.
Should you request a major alteration within ten weeks of departure date (such as a change of date, area or name) this will be treated as a cancellation and re-booking by the Company. Clients wishing to add to a party after the initial booking will only be able to do so if sufficient flight seats are available. This should not be automatically assumed to be possible and you should ring the office to check first. We are not able to reserve flight seats without payment of deposit.
All cancellations must be in writing and received by the Company prior to the departure date and will be effective on the date it is received. Cancellation charges are payable as follows:
Whole party cancellations period before scheduled departure - percentage of total price payable excluding insurance premium
Over 70 days - deposit only
70-43 days - 50% of total booking cost
42-15 days - 80% of total booking cost
Under 15 days - 100% of booking cost
You may make a claim against the insurers if your cancellation falls within the terms of your insurance.
We reserve the right to amend our prices at any time before you book. If we do, you will be told of the revised price applicable to your booking before you commit yourself.
Infants under the age of 2 years on return flight are charged at £30.
Once you have booked, the price of your booking is fully guaranteed and will not be subject to any surcharge.
We make it a condition of booking that you are covered by an insurance policy.
The arrangements for flights are made many months in advance and sometimes changes may be unavoidable. We therefore reserve the right to make any adjustments that we deem necessary. Most of these will be very minor, such as , change of aircraft/airline departure times or a change of airport. We will do our best to advise you of any such changes. Sometimes we have to make major changes to your booking arrangements prior to the departure date. These include changing your destination or changing time of departure or return by more than twelve hours. In the event of a major change you have the choice of either:-
a) accepting the changed arrangements notified to you
b) purchasing another flight from us
c) cancelling your booking
If you choose a) or b) we will compensate you on the scale shown below. If you choose c) we will refund to you all money you have paid, plus compensation shown on the scale below:
Flight Only
Compensation per person
Over 70 days Nil
70-43 days £10
42-15 days £15
Under 15 days £20
IMPORTANT NOTE
Compensation payments do not apply to changes caused by force majeure. In these conditions force majeure shall include war, or threat of war, natural disasters, terrorist activity threatened or actual, civil or political unrest, military intervention, closure of ports or airports, industrial action threatened or actual, fire, flood, earthquake, hurricane, tornado, technical problems of transport, change of travelling schedules beyond our control or any other similar circumstances beyond the Company's control.
We reserve the right in any circumstances to cancel your flight and in this event we will return to you all money you have paid us or we will offer you an alternative comparable flight. In no case except for reason of force majeure will your flight be cancelled without any alternative being offered. In this case compensation as per paragraph (9) will be payable
We reserve the right to terminate without notice the arrangements of any client who refuses to comply with company staff or agents or whose behaviour is likely to cause distress, damage, danger or annoyance to other customers, staff, third party or property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you.
Any client who is denied boarding on the outbound/inbound flight on the decision of the aircraft captain shall be deemed to have given notice of cancellation of his/her booking at that moment, and cancellation charges will apply in accordance with paragraph 5.
We accept full responsibility as follows for the acts and/or omissions of our employees, agents, sub-contractors and suppliers. If you or any member of your party suffer death, bodily injury or illness arising from the negligent acts and or negligent omissions of our employees, agents, suppliers and sub contractors (other than air and sea carriers performing any domestic, internal or international carriage of whatsoever kind) we will accept responsibility provided they are acting within the scope of or in the course of their employment. Where the services in question consist of carriage by air or by sea the liabilities shall where relevant be further limited in the manner provided by international conventions in respect of air or sea carriers. The Company accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of the Company or third parties.
Please note that the Company's acceptance of the above responsibilities is subject to an assignment by the client to the Company of any legal rights which the client may have against the relevant supplier and/or third party and the clients agreement to co-operate fully with the Company or our insurers in respect of any legal proceedings which the Company or our insurers may take against the relevant supplier and/or third party. This assignment is necessary to enable us to try and recover from suppliers any compensation paid to clients and associated costs as a result of personal injury to clients caused by the negligence of those suppliers.
For flight only bookings
In the event of personal injury unconnected with arrangements made by the Company, assistance will be given where appropriate and subject to the Company's reasonable discretion as follows:
a) General assistance will be afforded to any client who through misadventure suffers personal injury, including illness or death during the period of their holiday arising out of an activity which does not form part of the inclusive holiday arrangements. This includes advice, guidance and initial financial assistance.
b) If the client undertakes legal action after seeking our prior agreement, we will meet the associated legal costs. The request for such legal assistance must be made within 90 days from the date of the incident causing injury.
c) The aggregated assistance provided under (a) and (b) shall not exceed £5000 per booking form. In the event of there being a successful claim against a third party or there being suitable insurance policies in force, the costs incurred by us shall be recoverable from you.
Where travel and health documents are necessary to comply with the requirements of any country to which the relevant holiday relates then it will be your responsibility to procure them. If for any reason costs, expenses or fines are imposed upon the Company as a result of your failure to ensure that your travel documentation is in order then you shall be liable on demand to reimburse the Company such costs, expenses or fines. You should check these requirements with the consulate of the destination country and your GP.
Some countries require passports to be valid for 6 months from the date of departure. We therefore recommend that your passport is valid for at least 6 months after the date of your return journey.
We accept full responsibility for the quality of the flights we provide and want to hear from you if you consider there has been any shortfall in standards.
A written complaint with booking reference must be sent immediately to the company upon return. Claims made more than 28 days after the end of the flight cannot be entertained.
Disputes arising out of or in connection with this contract which cannot be amicably settled may (if the customer so wishes) be referred to arbitration under a special scheme which though devised by arrangement with the Association of British Travel Agents is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for a simple inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £1500 per person or £7500 per booking form or to claims that are solely or mainly in respect of physical injury or illness. If you elect to seek redress under this scheme written notice requesting arbitration under the scheme must be made within nine months after the scheduled date of return from the holiday, but in special circumstances it may still be accepted outside this period.
Whether the dispute is referred to arbitration, or legal proceedings are issued, your contract shall be governed in all respects by the Laws of England.
It is regrettable but flight delays may occur. Where the delay is caused by the airline, accommodation, food and refreshments may be provided by the airline. It is recommended that essential items be carried in hand luggage. You also have the option after an initial 12 hours delay in respect of the outward journey from the United Kingdom of cancelling your flight and obtaining a refund, excluding insurance premiums of the amount you have paid for your flight subject to a maximum of £1500 per person.
In respect of carriage by air and sea our liability in all cases will be limited in the manner provided by the relevant international convention, copies of which are available upon request to our office. When you travel with an airline, the conditions of carriage of that carrier apply; some of which may limit liability.
(If you do not agree with any section of the above conditions, contact us immediately.
If we are unable to accept the changes you propose, you have the right to cancel within 48 hrs of receipt of these conditions (or before flight check-in, if earlier)
The Port House, Port Solent, Portsmouth, Hampshire,
PO6 4TH, United Kingdom
Sunsail Flights is a trading name of First Choice Marine Limited
comments or suggestions about this web site can be addressed to webmaster@sunsail.com
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