YOUR CONTRACT IS WITH Bellarome Ltd, a Member of AFTA.
1. Your holiday contract
Holiday Contract – Our contract with you is made when you ask for your holiday booking to be confirmed. All bookings are made on the basis of these core terms, relevant information and the details on your invoice and booking confirmations. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
2. Your financial protection
A. For flight-based holidays, your protection is through our Air Travel Organiser’s Licence number 7347. 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 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 that 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.
B. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by The Independents’ Advantage Insurance Company Ltd.
3. AFTA protection
We are a Member of AFTA, membership number 14124. We are obliged to maintain a high standard of service to you by AFTA’s Code of Conduct. AFTA is the peak body for Australia’s travel agents and represents the majority of travel agents in Australia. Founded in 1957, AFTA’s aim has been to stimulate, encourage and promote travel, and to uphold the interests of travel agents who form a vital part of Australia’s highly specialised travel and tourism industry. In accordance with AFTA’s Code of Conduct, we can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The scheme doesn’t apply to claims that are solely in respect of physical injury or illness or their consequences. Your request for arbitration must be received by us within eighteen months of the date of return from vacation. Further information on the Code and AFTA’s assistance in resolving disputes can be found on www.afta.com.au.
4. ATOL protection
ATOL is a financial protection scheme managed by the Civil Aviation Authority (“CAA”). Each ATOL holder is issued with a unique ATOL number, which can be checked on the ATOL website, and must contribute to a protection fund called the Air Travel Trust (ATT). In the event of an ATOL holder’s failure, the ATOL Scheme ensures customers who paid and contracted with the ATOL holder for an air holiday package or a flight, do not lose the money paid over or are not stranded abroad. To learn more about ATOL and how it protects you visit the Civil Aviation Authority website at www.caa.co.uk
5. Your holiday price
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. When you make your booking you must pay a deposit to confirm the booking. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies in relation to the following currencies: AUD, GBP, USD, EUR.
The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
6. 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 £25 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 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.
7. If you cancel your holiday
You or any member of your party may cancel your booking, or part of it, once it has been confirmed, but the instructions will only be valid if put in writing and signed by the person who made the booking i.e. the lead name on the booking. These written instructions should go direct to us. To compensate us for the expense of processing your booking and for the risk that we may not be able to resell the holiday, we charge a cancellation fee on the scale shown below. The amount payable (by whoever confirmed the booking) depends on when we receive your written instructions. If you have to cancel for reasons covered by your insurance policy you should be able to recover your cancellation charges.
8. If we change or cancel your holiday
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.
Changes: 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.
Cancellation: We will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. 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). In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
|If we make a major
change to your holiday
|If we cancel your holiday||If you cancel your
|Period before departure*||Amount you will receive
|Amount you will receive
|Amount of cancellation charge|
|More than 70 days||Nil||Deposit Only||Deposit or amount paid so far|
|Between 56 – 70 days||£10||100% of holiday cost||100% of holiday cost|
|Between 28 – 56 days||£15||100% of holiday cost||100% of holiday cost|
|Between 14 – 28 days||£25||100% of holiday cost||100% of holiday cost|
|Less than 14 days||£40||100% of holiday cost||100% of holiday cost|
*within which notice of cancellation or major change is received by us or notified to you
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure: This means that 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.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our customer service helpdesk on 61 2 9056 7018 or email@example.com immediately who will endeavour to put things right. If your complaint is not resolved, please follow this up within 28 days of your return home by writing to our Customer Services Department at Bellarome Ltd, 1010 Cambourne Business Park, Cambourne, Cambridge, CB23 6DP 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 customer service helpdesk 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.
10. 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 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. We will also not be liable for an event that 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 two 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. 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 8. 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.
11. Disorderly behaviour
We reserve the right to terminate without notice the holiday arrangements of any client whose behaviour is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, agent’s property or a third party. Furthermore, if you are prevented from travelling because, in the opinion of a person in authority, you appear to be unfit to travel or cause distress or discomfort to other passengers, then our responsibility for your holiday ceases. No refunds will be given. We have no control over the behaviour of other people staying in or visiting your holiday accommodation. Your accommodation is provided solely for the use of passengers shown on the final confirmation invoice as confirmed by us; subletting, sharing or assignment is prohibited. We expressly reserve the right to prevent you from participating in the excursions we provide, whether pre-booked or purchased in resort, if in the reasonable opinion of our staff or those of the excursion provider, you are either unsuited to undertake the excursion, or if you appear to be under the influence of drugs or alcohol. In these circumstances your sole remedy against us will be to obtain a refund of the cost of that excursion.
12. 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.
13. Passport, visa and immigration 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.
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.
15. Travel insurance and special assistance
Please be aware when booking a holiday with us you should make sure you have relevant travel insurance in place. Please take the necessary step to insure yourself against any possible risk that may occur for you, such as issues with dependent relatives, medical conditions and force majeure events. If you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact our offices on 61 2 9056 7018 before completing any reservation to ensure compatibility for the holiday that you choose.