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Booking Terms and Conditions

Your holiday contract

 
Your package booking is with Stewart Travel Ltd  The following booking conditions form the basis of your agreement with Stewart Travel Ltd.  In these booking conditions “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person(s) to whom a booking is added or transferred.
1. Our details
We are Stewart Travel Ltd of 3rd Floor, 20 Renfield Street Glasgow G2 5AP. We hold ATOL number 11670 and are members of ABTA with membership number Y6652
2. Your holiday booking
A booking will exist as soon as we issue our confirmation invoice. This booking 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. 
3. Paying for Your Holiday
When you make your booking you must pay a deposit.  The value of the deposit can vary depending upon the constituent elements of your booking and will be a minimum of £100 per person.  The exact amount will be advised at the time of booking. The balance of the price of your travel arrangements must be paid at least fourteen to sixteen weeks (dependent on cruiseline) 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.
4. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification of any cancellation from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below): 
Period before departure Cancellation charge
in which you notify us
 
More than 119 days Deposit only
More than 56 days 50 % of holiday cost 
More than 30 days 75% of holiday cost 
Less than 14 days 100% of holiday cost 
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will follow the advice provided by the UK Foreign & Commonwealth Office. 
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you want to change your travel arrangements please note the following: Certain travel arrangements may not be changed after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% or loss of deposit. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. If it is possible to change your booking then you will be asked to pay an administration charge of £50 per person plus any further cost we incur in making this alteration.  
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. If the package includes air fares, the cost is likely to be the full cost of a new airline ticket
6. If we cancel your booking
We reserve the right to cancel your booking. We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. This includes, but is not limited to war or the threat of war, civil strife, actual or threatened terrorist activity, industrial disputes, natural or nuclear disaster, adverse weather conditions , fire, earthquake, volcanic eruptions and similar events outside our control 
If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).
 
Refunds may, in some circumstances, be given in the form of a credit note. Credit notes will be equal in value to the amount you have paid for your holiday to date, and can be used in full or part payment for any future booking with us.
 
In the event a refund is paid to you, we will:
1. 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.  
2. pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above). 
 
Period before departure in 
which we notify you Amount you will receive from us
 
More than 56 days £10
More than 35 days £25
More than 7 days £40
Less than 7 days £50
This does not exclude you from claiming more if you are entitled to do so.
7. If we change your booking
(a) Changes to the price
 We can change your holiday price after you’ve booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 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. If this results in an increase equivalent to more than 8% 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 the time period shown 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 cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.
(b) Changes other than the price
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant 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. 
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below. 
• We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
 
• If you choose to accept a refund:
1. 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.  
2. we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you Amount you will receive from us
More than 56 days £0
More than 35 days £20
More than 7 days £40
Less than 7 days £50
8. Our Liability to You
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. 
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three 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 travel services that make up your package. These terms are incorporated into this booking; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.  You can ask us for copies of the travel service 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 these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted. 
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
9. Protecting your money
1. We provide full financial protection for our air based package holidays, by way of our Air Travel Organiser’s Licence number 11670 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected] 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 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.
2. In the case of a package holiday with no air travel, we provide full financial protection for our package holidays by way of a Financial Failure Insurance (“FFI”) policy arranged by AVS (Atlas Voyage Secure), a trading name of All Seasons Underwriting Agencies Limited (ASUA) of Alpi House, Suite 2, East Wing, 2nd Floor, Miles Gray Road, Basildon, Essex, SS14 3HJ. All Seasons Underwriting Agencies Limited (Company number 03252689) are authorised and regulated by the Financial Conduct Authority reference no: 308488 and arranges this Policy on behalf of Syndicate 033 at Lloyd’s managed by Hiscox Syndicates Limited, 1 Great St Helen’s, London EC3A 6HX.
 
10. Out of Date Range Fights
Scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before departure.  Should this apply we will advise you at the time of booking and calculate the price in anticipation of seats being available and take the relevant deposit.  We undertake not to increase the price if fares are higher than anticipated but in return offer no reduction if fares are lower.  In the event that the flight seats do not become available you will receive a refund of your deposit and that will be the limit of our liability.
 
11. ABTA 
We are a Member of ABTA, membership number Y6652 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 notifying us of your complaint; it will not determine how your complaint should be resolved.
12. Complaints 
If you have a complaint about any of the services included in your holiday, you must contact the supplier and us as set out in the information we will provide you prior to departure. We will endeavour to resolve the matter without undue delay whilst you are on holiday.  
If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 20 Renfield Street Glasgow G2 5AP giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint whilst travelling we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. 
13. Additional assistance 
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
14. 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.
15. Excursions
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. 
16. Special Requests.
If you have any special requests, such as special meals or specific seats or rooms, we will pass those requests to the suppliers concerned. In some cases, there may be a charge, which we will advise at the time of the request, but since we have no control over their provision, special requests cannot be guaranteed and we will not accept any responsibility if they are not provided. 
17. Travel Agents
For holidays involving air travel for which an ATOL Certificate is issued, all monies you pay to the travel agent are held by the travel agent 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 it, 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. In other cases, all monies are held by your travel agent on our behalf from the moment we issue a confirmation invoice.
18. Law and jurisdiction
This booking is governed by Scots Law, and the jurisdiction of the Scottish Courts. You may however choose the law and jurisdiction of England or Northern Ireland if you live there and wish to do so.


*Terms & Conditions:   All offers are subject to availability and may be withdrawn at any time. Booking conditions apply. Unless otherwise specified, all prices shown are lead-in prices based on 2 people sharing, and flying from London or Glasgow on selected dates between 01 May - 31 October 2020. Alternative dates, durations and departure airports available; please ask for details. 

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