Terms and conditions

BOOKING CONDITIONS

 

These Booking Conditions, together with our Privacy Policy and  any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Cartology Travel Ltd, a company registered in England with company number 10084134 and registered office address of 17 Dorien Road, London, United Kingdom, SW20 8EL (“we”, “us”, “our”, “Cartology Travel”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "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 to whom a booking is added or transferred. 

  

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

 

1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them; 

2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements); 

3. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and

4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking. 

 

PLEASE NOTE: We act in the following capacities: as a Package Organiser in the sale of a Package; as an Agent in the sale of Packages supplied by other Package Organisers and as an Agent in the sale of a single service (i.e. an accommodation only booking). 

 

Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 14 for further details of where this will be the case) or as a booking agent to help you arrange or book holiday products or packages sold by a third party tour operator/supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections: 

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(A). Section A contains the conditions that will apply to all bookings you make with us;

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(B). Section B contains the conditions that will apply when you make a Package booking with us, where we are the Package Organiser;

 

(C). Section C contains the conditions which apply to bookings where we act as an Agent on behalf of the Supplier/Principal.

SECTION A: APPLICABLE TO ALL BOOKINGS

 

Please read this section in conjunction with the relevant additional Section B or C in these Booking Conditions.

 

1. Booking & Paying For Your Travel Arrangements

 

A booking is made with us when you make a booking in accordance with clause 15 for Packages; or, clause 26 for agency bookings. Please see the relevant clauses for further information about booking and payments. 

 

Where a deposit is required, these may be paid by bank transfer or charged to American Express, MasterCard, Visa or Discover and you may need to complete a credit card authorization form (provided by Cartology, where necessary). Please contact Cartology Travel to confirm credit card payment.

 

Final documents and tickets will be sent to you approximately two weeks prior to departure, provided all payments have been paid in full. All documents and tickets will be sent to the lead person via email, unless agreed otherwise.

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Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given to us for your booking are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your arrangements or other persons necessary for the provision of your arrangements. The information may only be provided to public authorities such as customs or immigration if required by them, or as required by law. 

2. Accuracy

 

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book, before you make your booking.

 

3. Prices 

 

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.

 

Where you have booked a Package, advertised prices are based on factors included but not limited to the minimum number of customers outlined in the itinerary,       currency exchange rates (if applicable) - please see Section B for further information. 

 

4. Insurance 

 

Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. In any event, we strongly advise that you take out a comprehensive policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; medical requirements; and other expenses, from the point of booking until the completion of your trip. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. 

 

Where necessary, your insurance policy must include provisions, covering you for (but not limited to) the following situations:

 

a) from the 1st January 2021, you should take out medical /health cover due to the uncertainty of Brexit and the possibility that your European Health Insurance Card (EHIC) will become invalid; 

b) where you have been diagnosed with Covid-19 before departure and are no longer able to travel;

c) where you have been in contact with someone that has been diagnosed with Covid-19 and need to self-isolate; 

d) where you have been contacted by NHS Track and Trace and you are required to self-isolate;

e) you have been diagnosed during your holiday or have otherwise came in contract with someone who has been diagnosed with Covid-19 and you are now required to self-isolate. Your insurance policy should cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate whilst abroad.

f) you live in a place that has imposed lockdown restrictions; and 

g) the hotel or destination you are travelling to have imposed lockdown restrictions.

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5. Events beyond our control

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Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we are acting as an Agent) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics or pandemics (including the ongoing effects of Covid-19) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.

 

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our or the Supplier/Principal’s control, any such changes would be treated as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we or the Supplier/Principal will not be liable to pay you any compensation.

6. Special Requests 

 

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as an Agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your booking confirmation or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

 

7. Disabilities & Medical Problems 

 

We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us (or the Supplier/Principal where we are acting as Agent) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements.  We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen holiday. 

 

Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

8. Visa, Passport & Health Requirements 

 

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

 

Neither we nor the Supplier/Principal where we act as Agent, accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.

 

Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.

 

When it comes to vaccination and disease prevention, we suggest that travellers first review information provided by the UK Foreign Travel Advice (www.gov.uk/foreign-travel-advice) or equivalent agency in the traveller’s home country and review those details with personal physicians.

 

You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. 

9. Your Behaviour 

 

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an Agent) or in the opinion of any hotel manager, property owner, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Supplier/Principal reserve the right to terminate your booking immediately. 

 

In the event of such termination our liability (or the Supplier/Principal’s where we act as Agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation, transport or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other customers or individuals who have no connection with your booking arrangements or with us. 

 

10. Law and Jurisdiction 

 

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).  

 

11. Conditions of Suppliers

 

Many of the services which make up your holiday are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions and may set out additional cancellation terms. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

 

12. Excursions

 

Excursions or other tours that you may choose to book or pay for whilst you are on the holiday are not part of your contracted arrangements with 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. Although we may recommend certain suppliers to you, 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.

 

13. Severability

 

If a court or relevant authority finds part of these Booking Conditions illegal or unenforceable, the rest will continue in full force and effect. Each of the paragraphs of these terms operates separately. 

 

SECTION B: PACKAGE BOOKINGS

 

This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 14 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

 

14. Definition of a Package

 

Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.

 

A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday: 

 

a) transport (including trains and coaches); or

b) accommodation; or

c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and

d) any other tourist service not intrinsically part of one of the above travel services (These are services that are not intrinsically part of the carriage of passengers, accommodation or motor vehicle hire but make up a significant part of the Package. Examples of other tourist services may include admission to concerts, sports events, excursions or event parks, guided tours, ski passes and rental of sports equipment such as skiing equipment, or spa treatments),

 

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term. 

 

IMPORTANT NOTE: where you have made a booking with us which consists of not more than one type of travel service as listed at (a) – (c) above and this is also combined with one or more tourist services as listed at (d) above, this will not create a Package under the definition set out above where the tourist service(s) at (d):

 

• do not account for 25% of the value of the combination of arrangements and are not advertised as, and do not otherwise represent, an essential feature of the Package; or

• are selected and purchased from us after the performance of the services ( the transport, accommodation and/or car rental) has started. This does not mean that the transport, accommodation or car rental service needs to have been completed. 

 

Bookings which don’t create a Package (because they are a travel service which doesn’t meet the criteria of the section above) will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs. 

 

15. Booking & Paying For Your Package

 

We will work with you to put together an Itinerary for your holiday. We will then provide a Quote based on the final agreed Itinerary which will include a payment schedule for your holiday.

 

A booking is made with us when:

 

a) you agree to the Quote;

b) you pay us a deposit (or full payment if you are booking within 60 days of departure); and

c) we issue you with a booking confirmation.

 

A binding contract between you and us comes into existence when we dispatch the booking confirmation to the first named person on the booking. 

 

Following the booking confirmation, we will issue a full pre-departure Itinerary to you. This will contain all the information you need to prepare for your holiday, including details such as the complete final itinerary, packing checklist, required documents, transfer times reading list and shall be sent to you either electronically or via an app. We will also send you a final balance invoice, setting out the remainder of your payments (if any) due.  

 

Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

  

16. Pricing of Packages

 

We reserve the right to amend the displayed price of unsold holidays (which may be displayed on our website or social media) at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

 

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; 

(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.

(iii) the exchange rates relevant to the Package. 

 

Such variations could include but are not limited to supplier cost changes which are part of our contracts with cruise ship operators and any other transport providers. 

 

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or 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 lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. 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 the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50 per customer. 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.

 

There will be no change made to the price of your confirmed Package holiday within 20 days of your departure nor will refunds be paid during this period.

 

17. Cutting Your Package Holiday Short 

 

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

 

18. If You Change Your Booking & Transfers of Bookings

 

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 19. 

 

Transfer of Booking:

 

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

 

a) that person is introduced by you and satisfies all the conditions applicable to the holiday;

b) we are notified not less than 7 days before departure;

c) you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and 

d) the transferee agrees to these booking conditions and all other terms of the contract between us.

 

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 19 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed (for example, scheduled airlines normally regard name changes as a cancellation and rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. 

                                                        

19. If You Cancel Your Booking Before Departure
 

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. 

 

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. 

 

Since we incur costs in cancelling your arrangements, unless otherwise stated in writing on your Quote, Invoice and/or booking confirmation by us, you will have to pay the cancellation charges as follows:

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Period before departure in which you notify us        Cancellation Charge

More than 95 days                                                        £250

Between 94 and 75 days                                              Deposit only

Between 74 and 60 days                                              50% of holiday cost

Less than 60 days                                                          100% of holiday cost

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Please note that amendment charges are not refundable in any circumstances. 

 

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. 

 

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

 

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. 

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Cancellation by You due to Unavoidable & Extraordinary Circumstances:
 

Where you are a customer resident in the United Kingdom, you have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

 

This clause 19 outlines the rights you have if you wish to cancel your Package booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
 

20. If We Change or Cancel Your Package 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 minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, a change of accommodation to another of the same or higher standard and changes of carriers, changes to transport supplier and/or changes to the type of vehicles used. 

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

 

• A change of accommodation area for the whole or a significant part of your time away.

• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away. 

• A change of outward departure time or overall length of your arrangements by more than 12 hours. 

• A significant change to your itinerary, missing out one or more destination entirely. 

 

Cancellation: We will not cancel your Package holiday less than 70 days before your departure date, except for reasons of Events Beyond Our Control 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. Please note the instances we will be unable to pay you compensation in the scenarios set out below under “Compensation”. 

 

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

 

(i) (for significant changes) accepting the changed arrangements; or

(ii) having a refund of all monies paid; or 

(iii) if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).   

 

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements. 

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Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances: 

 

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one. 

 

The compensation that we offer does not exclude you from claiming more if you are entitled to do so. 

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Period before departure in which we notify you       Amount you will receive from us*

More than 95 days                                                        NIL

Less than 95 days                                                          £100

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*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

 

(a) where we make a minor change; 

(b) where we make a significant change or cancel your arrangements more than 70 days before departure;

(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; 

(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 5).

 

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

 

21. Complaints

 

We make every effort to ensure that your Package holiday arrangements run smoothly so it is important to us that we are given the opportunity to resolve any issues that you may encounter during your holiday, this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us using the emergency contact numbers provided within your travel documents so that the problem can be resolved as quickly. 

 

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at: info@cartologytravel.com, ideally within 28 days of the end of your stay, 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. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

 

You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
 

22. Our Responsibilities to You in respect of Package Holidays

 

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

 

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

 

(a) the acts and/or omissions of the person affected; or

 (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or 

(c) Events Beyond Our Control (as defined in clause 5).

 

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

 

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

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(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount willonly be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. 

 

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel: 

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(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. 

 

(ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

 

(iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

 

(4). It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. 

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(5). Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

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(6). Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: 

 

(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or 

(b) relate to any business:

(c) indirect or consequential loss of any kind.

 

(7). We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.  

 

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

 

23. Insolvency Protection for Package Holidays 

 

The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package, where we are acting as the Package Organiser, in the event of our insolvency. We provide this financial protection for our package holidays:

 

• which don’t include flights, by way of financial failure insurance; 

 

You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here:

https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

 

24. Prompt Assistance for Packages

 

If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
 

SECTION C: AGENCY BOOKINGS

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This section applies to bookings we make for you when acting as Agent in the sale of a single service (i.e. an accommodation only booking or Package holiday bookings on behalf of the Supplier/Principal who is acting as the Package Organiser). Please read this section in conjunction with Section A of these Booking Conditions.

 

25. Your Contract With The Supplier/Principal 

 

We act as a booking agent during the sale of single services or third party Packages to help you arrange or book holiday products sold by the Supplier/Principal.

 

When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation company) of the travel arrangements or third party Packages, as specified on your booking confirmation.

 

As Agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by them. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Please ask us for copies of these terms and conditions if you do not have them.

 

26. Making an Agency Booking

 

To make a booking with the applicable Supplier/Principal through us, you must:

 

a. confirm acceptance of your Itinerary and Quote, or price provided by us, in writing;

b. accept these Booking Conditions;

c. pay a deposit or full payment of the arrangements (please see clause 27).

 

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation on their behalf. 

 

27. Payment 

 

In order to book your chosen arrangements, you must pay a deposit where required by the Supplier/Principal of the Arrangements (or full payment if booking within 60 days of departure or as requested by the Supplier/Principal). You must also pay all applicable insurance premiums and booking fees. We will provide you with a deposit invoice in order to make such payment.

 

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. Final payments are generally due 60 days before departure unless are you are notified otherwise (e.g. in your deposit invoice and/or your booking confirmation). You will receive a final invoice between 7 and 14 days prior to the final payment due date. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions. 

 

Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

 

28. Changes & Cancellations by You 

 

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements. As such, these will vary and can be found on your, Quote, Itinerary and/or invoice.

 

The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure).

 

In addition, you must pay us an administration fee of £50 per booking for any amendments to bookings and an administration fee of £50 pp for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply. 

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29. Changes & Cancellations by the Supplier/Principal

 

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed arrangements or to cancel them. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
 

30. Accommodation Ratings & Standards

 

All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

 

31. Our Responsibility For Your Booking 

 

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

 

32. Complaints 

 

Because the contract for your arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. 

 

If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you. 

 

We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA Member then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see 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.

 

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.