Booking Conditions

Fair Trading Conditions

The following conditions form the basis of the contract between you and Travelpath 3000, 17/1 Bahnhofstrasse, Engelberg, Switzerland.

Our Agreement with You

When you make a booking you guarantee that you have the authority to accept on behalf of your party the terms of these booking conditions. You will also become directly responsible for the payment of the total holiday price and, if applicable and appropriate, any cancellation charges. A contract will exist as soon as we issue our confirmation invoice. .

Your Holiday Price

To make your booking you must pay the deposit of 30% as requested in your quotation. The balance of the price of your travel arrangements must be paid at least ten weeks before your departure date. If the balance is not paid by the due date, your booking may be cancelled and we will retain your deposit.

The price of your holiday is costed on the prevailing rates of currency exchange at the time of contracting. In the event of transport costs increasing, the introduction of unforeseen government taxes, increased landing fees, or holiday costs rising due to currency fluctuations etc, we reserve the right to pass on any cost variations. In such an event, we guarantee not to apply any surcharge whatsoever within 30 days of your departure and to absorb the first 2% of your holiday cost before levying any supplement. In the unlikely event of your surcharge exceeding 10% of your holiday price, you will be entitled to cancel your holiday without penalty and receive a full refund of all monies paid.

Late Bookings

For reservations made within 10 weeks of departure immediate payment of the total holiday cost is required and subsequent cancellation by you will result in cancellation charges applied as outlined in point 4.

Payment

In the event that the company does not receive the balance of the holiday cost from the client by the designated date, the deposit and the insurance premium will be forfeited forthwith and the holiday arrangements will be cancelled. No person will be allowed to travel unless the company has received cleared funds, or evidence of cleared funds, prior to your date of departure. Please note that if we do not receive full payment 9 weeks before departure, we reserve the right to cancel the holiday and you will be responsible for the cost of any cancellation charges levied as specified in condition 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. Please note that it is not possible to change your holiday from one season to another, for example, you cannot exchange a summer for a winter holiday. Such alterations will be considered cancellations. Any requests 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, which are detailed below, along with any further costs 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 (eg Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur 100% cancellation charge.

Charges for alterations will apply as follows: if you make any alteration to your holiday after we have confirmed your booking, other than increasing the numbers in your party or adding a service to your booking, an amendment fee of £25.00 per person named on the booking will be charged (maximum £90.00).  If the holiday price depends on the number of persons booked into an accommodation and you wish to change that number of persons, the price will be calculated on the basis of the new party size. Any increase in price per person as a result of part cancellation is not a cancellation charge, it is a price adjustment resulting from the amendment to the number of persons travelling.

Important Note: All amendments must be confirmed in writing by fax or post by the person who signed the booking form. If a fax is used as the appropriate method of cancellation, you are advised to keep a copy of the fax confirmation as this may be required for proof in the unlikely event of any discrepancies.

If you cancel your holiday

You may cancel your travel arrangements at any time. Your travel arrangements may not be cancelled by anyone else in your party unless we have express written permission from you to do so. All cancellation must be notified to our office in writing by the person who made the booking, or your travel agent, and should be marked CANCELLATION NOTIFICATION. Cancellations can also be made by fax by you or your travel agent and must be marked in the same way. Once again, we would advise you to keep a copy of the fax confirmation for your own purposes.
The effective date of cancellation will be when the notification is received by the Company.
Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up the maximum in the table below.

Notification Period Cancellation Charge

• Less than 70 days   25% loss
• Less than 56 days   50% loss
• Less than 42 days   80% loss
• Less than  28 days 100% loss
• No-show penalty    100% loss

Please note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Your Responsibilities

You must ensure that you and the rest of your party have valid passports and appropriate visas (Please refer to condition 17-18).   You should check what vaccinations are required for your chosen destination with your doctor. Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have a doctors certification that they are fit to travel. Normally permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.  You must be responsible for the behaviour of yourself and your party (please refer to condition 9).  You must tell us if you have an existing medical problem or disability that my require assistance before you book your holiday. We may refuse to accept physically disabled customers or customers confined to a wheelchair unless we are informed of your disability before booking or if we feel the holiday you choose is not suitable for you without a suitably qualified travelling companion (please refer to condition 24).

If we change or cancel your holiday

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. If we are unable to provide the booked travel arrangements, 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. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

We also reserve the right to cancel your travel arrangements, for example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have no alternative but to cancel your holiday. However, we will endeavour not to cancel your travel arrangements except for reasons of force majeure or failure by you to pay the final balance.

Please note that carriers, such as airlines, may be subject to change. 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 of higher within the same resort area.

If we make a major change to your holiday, we will inform you as soon as reasonably possible, if there is time before your departure. You will have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available, or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major changes arises due to reasons of force majeure, we will pay compensation as detailed below. Major changes may include the following: we need to change your flight departure time by more than 12 hours, we have to change your accommodation to that of a lower rating/classification.
We have to change your holiday to a different country or a different area of the same country.

Notification period Compensation per Person

• 56 days and over Nil
• Between 56 to 28 days £10.00
• Between 27 to 14 days £15.00
• 13 and 1 day, or notice in resort £25.00

No claim for additional expenses or other compensation will be considered. For example, if you decide to cancel your travel arrangements instead of accepting the alternative offered and you then book a more expensive holiday, we would not consider any claim for the difference in price you have paid.

Important Note: Compensation payments do not apply to circumstances which are beyond our control. We can cancel your holiday in the following circumstances:  War, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disaster, fire, technical problems with transport, go slow, airport closures, bad weather conditions and similar events beyond our control.

Changes after the start of your holiday

Very occasionally we have to change your holiday arrangements after you arrive in the resort. If we do this, we will try to place you in accommodation of the same or similar resort. We will pay you compensation according to the scale show in section 6. You have no right to cancel you booking after you have left for your holiday if we offer you a suitable alternative.

Behaviour

If you are prevented from utilising your aircraft seat and/or booked accommodation because, in the opinion of a person in authority , (eg Police, Security Person, Aircraft Pilot, or Accommodation Proprietor), you appear to be unfit for travel or likely to cause disturbances or discomfort to other persons, whether due to alcohol consumption, misuse of drugs or general misbehaviour, our responsibility for your journey/accommodation ceases. Full cancellation charges will apply and any extra costs incurred in making alternative arrangements will be payable by you.

Furthermore, our liability towards you will cease on the event that you or your party causes any damage, disturbance or discomfort for any reason, whilst staying in your resort. This may also lead to your eviction from the accommodation. Our contract with you will be deemed terminated and we will have no further obligation to assist you with alternative arrangements.

Air and Sea Carriers

The Warsaw Convention, Hague Protocol and Athens Convention generally govern the liabilities of air and sea carriers. We rely on the terms and limitations contained in these conventions.

Air and sea carriers produce conditions of carriage which form part of your contract with us and with the air and sea carrier. You can get a copy of these conditions when you book your holiday.

Flight Delays

Unfortunately there are occasions when, for reasons beyond our control your flight may be delayed.

For delays over 10 hours a decision will be made in liaison with the airline concerned as to what provisions will be made for your comfort. Please remember that it may be possible to make an insurance claim for any flight delays. If you have chosen to purchase our insurance policy, you will be offered compensation for delays of more than 12 hours. It is your responsibility to ensure that you are fully protected against flight delays. We cannot accept any liability for any payment you have to make or for any time lost on your holiday as a result of any delay.

If anything goes wrong

If you have a problem during your holiday, please inform the relevant supplier (eg your hotelier) and the resort representative immediately, who will endeavour to put things right. Your complaint will be recorded on a Customer Service Report Form, which will be given to you by our Representative. If your complaint is not resolved logically, please follow this up within 28 days of your return home by writing to our Customer Services department., giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.  It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a Customer Services 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 are in resort and this may affect your rights under this contract.

Please note that under article 15(9) of the EC Directive the Package Travel Regulations 1992 you have an obligation to make your complaint known in resort to our local representative. The Directive states the following: The Consumer must communicate any failure in the performance of a contract which he perceives, to the supplier of the services concerned and to the organiser and/or retailer in writing or any other appropriate form at the earliest opportunity.  It is unlikely that you will have a complaint that cannot be settled amicably between us.

Ticket Conditions

When you travel on an aircraft, train, boat or coach, the conditions of carriage of that service provider apply, some of which limit or exclude liability for certain events. These conditions are the subject of international agreements between countries. We will not be responsible if you arrive late for the specified check-in time for the flight, nor can we accept any responsibility for any loss by you of your holiday travel tickets, vouchers or coupons. A charge of £15 per person (to a maximum of £90 per booking) will be made for ticket re-issue. This would take effect where your ticket was either lost or misplaced, but not for any name changes. Where your ticket needs to be amended for any name changes, you will be charged in accordance with condition 3.

It is imperative and a strict condition of booking that you confirm your inbound flight details not more than 48 hours and not less than 12 hours prior to your previously notified flight time (*72 hours if the reconfirmation period falls over a Public Holiday). We can accept no liability for clients who fail to comply with this condition and, due to flight change, miss their flight. The times quoted on your documentation are local times. it is important that passengers check-in at least 2 hours before the flight departure time. If your outbound journey is not utilised, the inbound reservation is automatically cancelled.

Your accommodation

We make every effort to provide quality accommodation in line with the price paid and sometimes do not name hotels at the time of booking. However, this is no disadvantage, as many regular customers will confirm. Where a hotel is named we reserve the right to amend this and in such circumstances will offer another hotel with similar facilities, or of the same or higher standard without any additional charge to yourself. In some hotels, single rooms may seem inferior to other rooms and occasionally the private facilities provided are not en-suite. When requesting rooms together and circumstances make it possible for hoteliers to arrange this, please understand that they may not have connecting doors and that it is not always possible to allocate rooms adjacent to each other. At times of high occupancy, it may not even be possible to accommodate rooming on the same floor especially where a triple or single room is involved. When requesting a triple or 4-bedded room, please bear in mind that this will be a twin room with folding beds added and space will be extremely restricted. In commercial hotels four-bedded rooms are not always available and in such cases two twin rooms (sometimes with adjoining doors) will be allocated but regrettably child reductions will then not apply.   Unfortunately, as all hotel rooms differ in position, shape and size, it is inevitable that some rooms will have features that others do not, such as balconies, sea views or skylight only windows etc., and as the allocation clients’ rooming is not within our direct control, we must ask you to appreciate this and purchase your holiday only on this understanding.

All reference made to bathroom or en-suite facilities are to be interpreted as either shower or bath and which one you are allocated (shower or bath) cannot be guaranteed. In most Mediterranean countries bathrooms are not designed to incorporate shower trays or curtains, and shower heads/taps will be fitted directly into the bathroom wall tiles with the water dispersing from a central ‘shower flood’ drainage point in the bathroom floor. As a means of security, we recommend that you retain your room key when not occupying your room and that you make full use of any available safety deposit boxes.

It must be stressed that that any form of building works in or near your hotel, or any noise emanating there from, or noise/disturbance from fellow guests cannot be attributable to this company.  Where customers are travelling alone and have paid a single room supplement, please understand that your room may be smaller than other rooms and will contain a single sized bed. regrettably, this supplement does not guarantee the sole occupancy of a ‘twin room’.

Accommodation classifications and ratings

All accommodations and ratings, including those given to cruise lines etc, are granted by the tourist authority of the country you are visiting and have no influence over the ratings/classifications that are granted.

Documentation

It is your responsibility to ensure you are in possession of a valid passport and any visa which might be necessary. All travellers are required to check with the Consulate of the country to which they intend to travel for visa requirements.

Website accuracy

We will provide the facilities and services advertised on our website. If our suppliers or ourselves withdraw those facilities or services or limit them for any reason, we will try to tell you and, where appropriate, pay you compensation. We cannot pay any compensation for events which are outside of our control.

If we know about building work or other noise likely to affect your holiday arrangements, we aim to tell you before you leave. We cannot provide this advice on late booking or other holidays where accommodation is not specified before you arrive at your holiday destination.

Our liability to you

We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described. If any part of your travel arrangements are not provided as promised, we will pay you the appropriate compensation if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of £5,000.00.

We cannot accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements.

We cannot accept liability in the following circumstances:

A If you or any member of your party is at fault.

B If the failure is the fault of someone else not connected with providing the services that make up the holiday that we have confirmed to you.

C Any unusual or unexpected circumstances beyond our central, which we could not have avoided even if we had used all possible care.

D Any event that the service supplier, or we, could not help, expect or prevent.

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