TERMS AND CONDITIONS
These Booking Conditions and the Further Information contained in this brochure, form the basis of your
contract with Ionian Island Holidays Ltd also trading as Aegean Island Holidays. Please read them carefully
as they set out our respective rights and obligations. The air holidays and flights in this brochure are
ATOL protected. Our ATOL number is ATOL 5853. In the unlikely event of our insolvency, the CAA will ensure
that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance
booking. For further information visit www.atol.org.uk.
These booking conditions have been formulated as a result of our responsibilities under law. They do not affect your statutory rights.
1) What happens when you make a reservation?
All bookings are made and accepted subject to the terms set out in these conditions and the information detailed in this supplement. When you or your travel agent make the booking a contract is made, and we will confirm your booking as soon as we receive your instructions verbally, electronically or in writing. You must then pay the deposit together with any applicable insurance premium. An invoice will be sent to you, or your travel agent, for the balance of monies owing. If intended departure is within 8 weeks, then the total holiday cost, including the insurance premium, is payable in full at the time of booking.
2) Prices and Surcharges
The price of your holiday was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 18 October 2012. in relation to the following currencies £1 sterling being €1.23 Changes in transportation costs, including the cost of fuel, duties, 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 charge 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 £1.00 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 (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 all monies paid, except for any amendment charges. 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 for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of the holiday cost, them 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.
Please check your invoice carefully to ensure that it reflects your intended booking.
3) How to book, what to pay and when?
The person, in whose name the booking is made, acts on behalf of all other persons named, must be over 18 years of age and becomes responsible to us for all payments in respect of the booking. Your reservation will be confirmed upon payment of a deposit of £150 per person plus any applicable insurance premium. It is a condition of booking that you are adequately insured on your holiday. We allow 5 working days from confirmation of the booking for monies to reach us. If after that period monies have not been received, the holiday is cancelled and cancellation charges will apply.
We must receive the balance of the holiday cost at least 8 weeks before the departure date. Please also ensure you send payment in sufficient time for us to pay in and clear it through your bank, otherwise your booking will be cancelled, and you will be liable to pay cancellation charges as shown in Condition (12). If your holiday is arranged through our authorised travel agents and not directly with us, then all monies paid to your Travel Agent are held by them as an Agent of Ionian & Aegean Island Holidays Limited.
Late Bookings: For all bookings made within 8 weeks of departure, the holiday is confirmed as soon as you or your Travel Agent gives verbally over the telephone, or by e-mail confirmation. Therefore if you subsequently cancel your booking, cancellation charges as shown in Condition (12) apply. Full payment for the holiday, including insurance premiums, must be made at the time of booking in order to secure the reservation.
4) What do we charge for children, toddlers and babies?
The conditions below apply to all children travelling with Ionian & Aegean Island Holidays Limited.
a) Definitions: an ‘infant’ is a child under the age of 2 on the return of such child to the UK; a ‘child’ is a person under the age of 16 on the return of such child to the UK. Handling Agents at airports will specifically check the child’s date of birth with passport entries.
b) Price reductions for children are listed in our brochure and apply to children sharing with two full farepaying adults.
c) The adult price is based on the number of adults and children sharing the accommodation.
d) Infants travel for £50 - cots, highchairs and baby seats are provided free of charge, if requested at the time of booking. Passengers booking places for infants, where the infant is found to be outside the age limits specified above, will be required to pay the full price plus an amendment fee, before any member of the party will be allowed to board the aircraft. Any child booked as an infant who is, in fact, over the age of two on the date of RETURN travel, will be refused permission to board if there are insufficient seats on the aircraft, as airline regulations stipulate that children over two must have their own seats.
5) What happens if we change your holiday?
We plan our holidays many months in advance and although it is unlikely that we will have to make any changes to confirmed bookings, it can happen. Changes are usually of a minor nature, and we will advise you or your travel agent at the earliest possible date, if there is time, before your departure. Flight timings and carriers in this brochure are subject to change, confirmed details will be sent with your tickets. Ionian & Aegean Island Holidays reserves the right to alter the brochure flight departure time to a different time within a period of twelve hours of the notified time of departure, without responsibility for any loss or damage arising from such a change. Airport authorities or other factors beyond our control may vary the scheduling of departure times after this brochure is printed and the details given are for your guidance only. We are unable to accept any liability for any delay to your flight, whether the delay or cancellation is caused by adverse weather conditions, the action of air traffic controllers, the action of airport authorities or governments, the rescheduling of times by the airline, mechanical breakdown, strike or industrial action or otherwise. In such circumstances you may be able to make a claim under your insurance policy. We reserve the right to al ter the aircraft type or airline operating your flight, this is not a material change, and we will be under no obligation to notify you of any such change. If a major change occurs, provided it does not arise from events beyond our control, you will have the choice of (a) accepting the changed arrangements, (b) purchasing another available holiday from us, or (c) cancelling or accepting the cancellation and receiving a full refund of all monies paid to us. In all cases we will pay compensation on the scale shown. A ‘major change’ is any of the following made before the day of departure: change of departure airport, holiday area, change of flight departure time by 12 hours or more, substitution of accommodation originally booked with one of a lower price or official grading.
If you wish, we will give you a credit voucher against a future Ionian Island Holiday instead of cash.
*NB: For children invoiced at reduced rates, compensation will be paid on a pro-rata basis.
Compensation payments apply to all holidays booked including reduced price or special offer holidays. However, in the case of reduced price or special offer holidays, compensation is 50% of the above rate. They do not apply to changes caused as a result of force majeure, war, threat of war, riots, civil strife or disturbance, industrial disputes, terrorist activity, natural disasters, fire, technical problems to transport, closure or disruption of airspace or airports or seaports, cancellation of scheduled airline or sea services, or other events outside our control. On rare occasions it may be necessary to change your holiday on arrival in resort. In this event every effort will be made to provide accommodation of the same or higher standard in the same or similar type resort.
6) What happens if Ionian and Aegean Island Holidays are forced to cancel your holiday?
We reserve the right, in any circumstance, to cancel your holiday. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure date, except for the reasons detailed in Conditions (2) and (7). If due to events beyond our control, we can no longer provide the holiday originally booked, we will return your money, or offer you an alternative holiday of a comparable standard.
7) What are Ionian and Aegean Island Holidays liable for?
We will arrange for you to receive the services that make up your chosen holiday and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and was as advertised by us (or changed and accepted by you). If any part of your holiday is not provided as described and this spoils your holiday, we will pay you appropriate compensation (see “Section 5 - What happens if we change your holiday”).
We accept responsibility for the acts and/or omissions of our employees, agents, and suppliers while acting within the scope of, or in the course of their employment with us.
We also accept responsibility for any deficiencies in the services we are contractually obliged to provide, or the failure of such services to reach a reasonable standard. We are unable to accept responsibility for any aspect of your holiday affected by matters over which we have no control. These include war or threat of war, riots and civil strife, terrorist activity, natural or nuclear disaster, earthquakes, weather conditions, fire, flood, drought, industrial disputes, government action, airport regulations and closures or technical transportation problems which may affect the service of hotels, villas or apartments abroad or the scheduling of aircraft, of other transport or other circumstances amounting to force majeure. Our travel insurance does provide cover in respect of some of these eventualities.
We do not accept responsibility in respect of death, bodily injury or illness of any person taking one of our holidays, except when caused by the negligent acts and/or omissions of our employees, agents, suppliers or sub-contractors while acting within the scope of, or in the course of their employment, agency contract or supply of sub-contract.
We have done our best to ensure that our brochure is accurate at the time of going to print. However, you will appreciate that we do not own the accommodation, airlines or other services and facilities that you will be using and changes may occur. On occasions, especially during low season, certain facilities/amenities such as water sports, swimming pools, restaurants etc, may not be open/available as advertised, due to maintenance, weather conditions, lack of demand or other reasons outside our control.
We will give what assistance we can to a client, who through mishap suffers illness, personal injury or death during the period of the holiday, arising out of the mishap, subject to our reasonable discretion and providing that you request it within 90 days of the occurrence of the mishap, we will meet the initial legal costs associated with such proceedings. This is limited to £5,000 per person/ £25,000 per booking form, and may be granted as a loan if you have suitable insurance cover, or if there is any claim for the costs against a third party.
8.1) Personal Injury 1
This section covers injury, illness or death while you are using the holiday services that we have arranged for you, including our accommodation. We have no direct control over the way our suppliers provide their services but everyone employed or contracted by us or by our suppliers is expected to carry out their duties properly. If they do not carry out their duties properly (or at all) and that fault results in your injury, illness or death, we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, it will be similar to one you would receive under English law in an English court.
We will make such payments for injury, illness or death on the basis that you accept that:
- You must tell us and the supplier involved about your injury or illness while you are in the resort (see section 18). You should also write to our Customer Services at the address given in section 18 about your claim within 28 days of coming home from your holiday to allow us to investigate it properly. Please include a letter about your injury or illness from your doctor if you can.
- You should transfer to us any rights you have against the supplier or any other person.
- You should co-operate fully with us if we or our insurers want to enforce those rights.
- Any payments we make may be limited in accordance with international conventions.
- We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.
8.2) Personal Injury 2
This section covers damages, injury, illness or death which is not connected with the arrangements made by us. If you or someone on your holiday booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable we will try to help if we can (see “section 7 – What we are liable for”).
For example, we can help by:
- Providing translation services.
- Communicating with authorities and others in foreign resorts. • Recommending foreign lawyers (if necessary).
- Explaining the procedures you should follow - telling you of any time limits.
We will help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met:
- You must ask us for help within three months of coming back from holiday.
- You must make a claim under your insurance policy’s legal expenses or other appropriate section.
- You must show us proof that your insurance company has received your claim and, if you get back the cost of legal or other expenses, you must repay us any money we have spent in helping you.
Where the services in question consist of carriage by air or sea, our obligations and liabilities are limited in the manner provided by international conventions in respect of air and sea carriers. Be advised that in the event that you or a member of your party is disruptive or behaving in an unsociable manner, the company will have no further liability or responsibility to you in respect of accommodation or flights.
9) Conduct whilst travelling
We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive, affects other travellers, is threatening or abusive towards our staff, agents in the UK, in resort, on the telephone, in writing or in person. If the Captain of your flight or any of our resort staff believes that you could be disruptive, they can also refuse to permit you to proceed with your travel arrangements. If this means you are not allowed to board the flight outbound from the UK, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see section 12). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour e.g. the cost of diverting an aircraft or boat to remove you. Criminal proceedings may also be instigated.
10) Extra Persons in Villas or Apartments
The number of people stipulated in the confirmation of booking must not be exceeded unless approval is obtained from the Company’s local representative or from the Company’s London Office and the appropriate payment made.
11) What happens if you change your holiday plans?
If you wish to change your holiday in any way, and we can accept the change, the following charges will apply. Timescales refer to the date of receipt of your instructions in writing, and cancellation charges are detailed in condition (12).
More than 56 days before departure - £25 per change.
Less than 56 days before departure - Cancellation charges apply.
(i) No changes are allowed from a full price holiday to a special offer holiday.
(ii) No changes are allowed from one season to another. This would be treated as a cancellation.
(iii) If there is a change in the number of persons booked on the holiday, the price will be recalculated on the basis of the amended party size, subject to availability. If one person in a twin room cancels we reserve the right to pass on the full cost of the twin room to the person using the room. Any increase in price per person as a result of a part cancellation is not a cancellation charge and is not covered by our insurance. A separate cancellation charge as detailed in Condition (12) will be made against the cancelled element, and the booking will be re-invoiced accordingly.
(iv) Name changes: Names can be changed at £10 per name up to 21 days prior to the departure date. Thereafter, each change will incur a £20 charge. N.B. On scheduled flights no changes, including names, can be accepted within 28 days of departure and changes outside this time may incur a further penalty depending on the specific conditions of the fare level applied.
12) And if you cancel?
If you wish to cancel your holiday, this must be done in a written communication by the person in whose name the holiday is invoiced (or the travel agent through which the booking was made). In the event of cancellation or part cancellation, the following charges become payable:
Cancellations must be notified in writing to us or your travel agent and commence from date received by Ionian and Aegean Island Holidays.
Please note that if the reason for cancellation falls within the terms of your insurance policy, then the insurance company will normally refund any such charges to you. The insurance premium is forfeited on cancellation. Please note this if you do not turn up for your flight, unless you inform us otherwise, your booking will be treated as a cancellation and normal cancellation charges of 100% will apply.
13) What if you break or damage anything on your holiday?
Should a client be responsible for damage to or loss of any item of the accommodation inventory during their occupation of the holiday accommodation, a charge will be made locally to cover the cost of replacement or repair. Please make this known to your Resort Representative prior to your departure. This will enable us to put things right for the new arrivals. Please complete the property report delivered to you with your departure information. Where any breakages have occurred and payment is due our representative will issue an official company receipt specifying details on the amount paid.
Beaches, the sea, roads and areas around holiday accommodation do not form part of the package and have not been inspected.
15) Car Hire
You must also pay for any excess on car hire insurance, parking fines and petrol consumed. It is your responsibility to either resolve any dispute regarding damage to the vehicle, fuel and parking fines locally and make full payment to our local car hire agent before your departure.
16) Local Services
Any services purchased locally in resort, even if these are arranged by our representative or agent, do not form any part of this contract.
17) Motor Boat Hire and Sailing
All boating and sailing facilities are offered subject to availability. Boating and sailing facilities are also subject to local Greek laws and the directions of the local harbourmaster. The Company cannot be held responsible for loss of boat hire due to adverse weather conditions. You are responsible for any damage caused to your hired motorboat, as these boats only have third party insurance cover. Any dispute regarding boat hire including petrol charges and damage to the boat must be settled locally before your departure.
18) What happens if you complain about your holiday?
If a problem arises during your holiday, it is important that you advise the supplier and/ or representative at the earliest opportunity, who will endeavour to put things right. If your complaint cannot be resolved locally, your representative will ask you to complete a Client Liaison form, the original to be kept by you and a copy will be forwarded to our Head Office.
This form records your grievance or complaint made whilst in resort. Should you wish to take the matter further, please email our Customer Relations at email@example.com or write to Customer Relations, Ionian & Aegean Island Holidays, 107 Mount Pleasant Road, London NW10 3EH, or your travel agent, within 28 days of returning home quoting your booking reference number. Unless there is a valid reason, we will not consider Ionian & Aegean Island Holidays Ltd liable for any complaint that was not initially registered with our representative ‘in-resort’. It is unlikely that you will have a complaint that cannot be settled amicably however should you wish to write to us please allow 28 days from written receipt of correspondence in which to investigate and respond to your grievance. Please include an email address so we may promptly acknowledge receipt of your correspondence.
Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may be referred to arbitration, if the client so wishes, under an independent scheme arranged by The Association of British Travel Agents Ltd and administered by the Chartered Institute of Arbitrators.
The scheme provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the client in respect of costs. Full details will be provided on request or can be obtained from the ABTA Ltd 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 £15,000 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 £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit, arbitration under the scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. Full details are available from ABTA Ltd, 30 Park Street, London SE1 9EQ.
19) What happens if you lose or damage a piece of luggage?
Under the terms of various international conventions, while your personal effects and baggage are in the hands of the carrier, the carrier is liable for the safety of such baggage. If your baggage is lost or damaged between the time of airport check-in and the recovery of the baggage from the carousel at the end of the flight, then the carrier is under a duty to pay compensation. The amount of compensation is determined by international convention, details of which are on the reverse of your flight tickets.
In case of loss or damage, a Property Irregularity Report must be completed before you leave the airport.
Should your claim be in excess of the airline’s compensation level, then you should approach your insurers to see if they will pay the difference. It is your responsibility to ensure that all your belongings are loaded onto the correct transfer coach, minibus, taxi or hire car.
At all other times when your personal effects and/or baggage are in the custody, care and control of Ionian & Aegean Island Holidays, we will be responsible for the safety of such items. However, we will not accept liability for claims in excess of £400. Items of high individual value should be adequately insured, as neither Ionian & Aegean Island Holidays nor its carriers will accept liability for loss or damage.
20) What rules apply to flights including flight delays?
Civil Aviation Authority regulations specify that both the outbound and inbound sections of the air ticket must be used. In the event that the outbound flight is not used, the passenger will not be allowed to return on the inbound charter flight. Should anyone check-in less than 90 minutes before the ticketed departure time, admission to the flight is likely to be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any costs involved. International flights can be operated by First Choice, BMI, Monarch Airlines or any other airline operating CAA licensed aircraft. When you travel with a carrier, the Conditions of Carriage of that carrier apply, some of which limit liability. Such conditions are the subject of international agreements between countries. We draw your attention to the conditions regarding delayed flights and point out that the conditions printed on your tickets apply and we cannot accept any additional responsibility for delays over those stipulated by the carrier. This brochure is the responsibility of the tour operator. It is not issued on behalf of, and does not commit, the airline(s) mentioned herein, or any airline whose services are used in the course of the tour(s).
This contract is made on the terms of these Booking Conditions, which are governed by English law, and both parties shall submit to the jurisdiction of the English courts. These Booking Conditions are valid until 31 October 2013. Issue date November 2012, errors and omissions excepted.
22) Data Protection Act
In order to process you booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address and any special needs/dietary requirements, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information onto our relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration, if required by them, or as required by law. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed onto the relevant suppliers.