Your contract is with Gazelle Travel Limited, trading as Inspired by Asia whose registered office is at 15 North Parade, Bradford, BD1 3JL. Company registration number: 1526617.
1. Your Booking Contract
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. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland should you wish to do so. During the life of this brochure, these conditions are subject to change and an up to date copy will be sent with our quotation and available on our website: www.inspiredbyasia.co.uk
2. Your Financial Protection
We provide financial protection for our package holidays. For flight based holidays this is through our Air Travel Organisers Licence no. 4067. When you buy an ATOL protected flight inclusive holiday you will receive a Confirmation Invoice and an ATOL Certificate from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our ATOL. 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. 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. Further information is shown on the ATOL Certificate or visit the ATOL website at www.atol.org.uk We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, and with the prior agreement of the CAA, 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, or the suppliers identified on your ATOL certificate, 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. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA the Travel Association (ABTA Y1862).
We are a member of ABTA, membership number Y1862. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also provide 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 of Conduct and ABTA’s assistance in resolving disputes can be found on www.abta.com
4. Your Booking Price and Payment
We reserve the right to alter the prices shown in our brochure. You will be advised of the current price of the arrangements that you wish to book before your contract is confirmed. When you make your booking you must pay a deposit of £300 per person or 10% of the holiday cost (whichever is the greater). For certain arrangements and at certain periods, especially (but not limited to) air tickets, accommodation, rail or touring products, Christmas and Easter, a higher deposit may be required and you will be notified of this prior to booking. The balance payment of the price of your travel arrangements must be paid at least 10 weeks before your departure date, and for certain arrangements this payment may be required earlier and you will be advised of the amount and the date payment is required. 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. When you buy a flight based holiday, all monies you pay to the travel agent are held by him 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 him, 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. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times. Prices in this brochure were calculated using exchange rates quoted on 12th August 2015: THB 55.00, MYR 6.20, USD 1.55, SGD 2.20, HKD 12.00. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation/disembarkation fees at airports and ports and in exchanges rates mean that the price of your travel arrangements may change after you have booked. However, if there is a change within 30 days of your ex UK departure date, we will absorb these and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges. You will be charged for the amount over and above that. 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 a higher quality you will not have to pay more but if it is of a 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. 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 arrangements go down, due to the changes mentioned above, by more than 2% of the total cost, then 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 arrangements due to contractual and other protection in place.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, within one year, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must also be made in writing from the person who made the booking or via your travel agent. You will be asked to pay an administration charge of £30 per altered item plus any further costs we incur in making this alteration. You should be aware that these costs could increase the closer to departure date that changes are made and you should contact us or your travel agent as soon as possible. Note: Certain travel arrangements e.g. (but not limited to) air tickets, accommodation, rail or touring products, may not be changeable after the reservation has been made and confirmed and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
6. If You Cancel Your Booking
You, or any member of your party, may cancel travel arrangements at any time. Written notification from the person who made the booking or from your travel agent must be received at our offices for this to take effect. Since we incur costs in cancelling any travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 7. Note: if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7. If We Change or Cancel Your Booking
It is unlikely that we will have to make any alterations to your travel arrangements but we plan them many months in advance and occasionally we may have to make changes and reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, it may have to be cancelled. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of a comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay you compensation as set out in this clause. Any changes to the airline arrangements after you have received your tickets will be notified to you or your travel agent as soon as possible and in all cases at check-in or boarding gate. Some changes are deemed to be a minor charge, for example but not limited to, alteration of the flight in either direction by less than 12 hours, changes to the aircraft type, changes to the accommodation to another of the same standard. If we make a major change to your booking, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the chance of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of a comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booking and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation per booking as detailed in this table:
The compensation we offer does not preclude you from claiming more if you are entitled to do so.
*In some circumstances higher cancellation fees may be applied by certain product suppliers, for example (but not limited to) airlines, accommodation, rail or touring products. Should this be the case you will be notified of such fees before confirming your booking and these will apply in the event of a cancellation. These fees may be any amount up to 100% of the cost of the product.
This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unforeseeable circumstances beyond our control or that of our supplier partners. These can include, for example (but not limited to) war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear events, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
8. If You Have a Complaint
If you encounter a problem or have cause for complaint with your travel arrangements, it should be reported immediately to our local supplier (e.g. hotel manager, transfer company etc.), and as soon as possible to our local representative/agent and they will try to rectify the problem at the time. If no representative/agent is available, or if they are unable to resolve the matter to your satisfaction, please then refer to your travel documents for our contact details and contact us as soon as possible. If your complaint cannot be resolved locally having reported it, you must inform our representative/agent in writing whilst overseas and follow this up in writing to us with 28 days of your arrival back into the UK. If you fail to follow this procedure, we cannot accept responsibility for any problem or complaint that could have been rectified there and then had you notified us, the supplier or our representative/agent as per the above. For all problems or complaints, failure to comply with this procedure may mean that your right to claim any compensation you may have otherwise have been entitled to may be affected or lost as a result. Please also refer to section 3 regarding the ABTA Arbitration Scheme.
9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to you, or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable, unavoidable or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall. Inspired by Australasia does not accept any liability for any services or facilities which your accommodation or other supplier agrees to provide to/for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them. Excursions, tours or other arrangement 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 tour or other arrangement that you book, your contract will be with the operator of the excursion, tour or other arrangement and not with us. We are not responsible for the provision of the excursion, tour or other arrangement or for anything that happens during the course of its provision by the operator. Our liability except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner with any relevant international convention. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from us. Under EU law you have the right in some circumstances to refunds and/or compensation from your airline in case of denied boarding, delay or cancellation to flights. Full details of these rights are published at EU airports and available from the relevant airline. Your right to a refund and/ or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made by you to the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Civil Aviation Authority via www.caa.co.uk. This brochure is our responsibility as your tour operator and was correct at the time of going to press. It is not issued on behalf of and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
10. Prompt Assistance Overseas
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequence of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
11. Passports, Visas, Immigration And Other Documentation
Your specific passport and visa requirements, and any other immigration requirements are your responsibility and you should confirm these with the relevant Embassies, High Commissions and/or Consulates. It is your responsibility to ensure that all other documentation and requirements such as (but not limited to) driving licences & permits, travel insurance, health certificates etc. are valid. We do not accept responsibility if you cannot travel or fulfil your travel arrangements because you have not complied with any passport, visa, immigration requirements or other documentation requirements.
12. Brochure And Website Accuracy
Every effort is taken to ensure the accuracy of the information in this brochure and on our website. However, changes to such information can be made at any time and we reserve the right to make such changes after publication of this brochure. As far as possible, the quotation and travel documents will contain relevant information and where we are notified of such changes we will make every effort to advise you or your travel agent. However, should we not be able to do so we cannot be held liable for such changes. We accept no responsibility for information and advice provided by any third party websites or telephone numbers shown herein.
It is a condition of booking your holiday that you take out suitable insurance cover at the time of making your reservation. Your insurance must include cover for cancellation or curtailment of your holiday as well as the cost of repatriation in the event of accident or illness. It is your responsibility to arrange suitable and adequate travel insurance.
We will use all endeavours to advise clients and their travel agents of any accessibility issues at any of the properties and tours we use. As far as possible, the quotation and travel documents will contain relevant information and where we are notified of such changes we will make every effort to advise you or your travel agent. However, should we not be notified or are unable to advise you or your travel agents, we cannot be held liable for such changes.
15. Data Protection
In order to process your 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, address, 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 on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Additionally, as your holiday is outside of the European Economic Area, controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person not responsible for your travel arrangements or part thereof, subject to the above. This applies to any sensitive information that you or your agent gives us such as details of disabilities or dietary/religious requirements. If we are not permitted to pass such information to the relevant suppliers, we cannot provide your booking. In making this booking you consent to this information being passed on to the relevant person/s, company/ies or authority/ies. Please note that where information is also held by your travel agent, this is subject to your agent’s own data protection policy for which we cannot be held responsible. We will hold your information, where collected by us, and may use it to inform you in the future of offers, news, items of interest and brochures. If you do not wish to receive such approaches please advise us by email at email@example.com
August 2015. Prices and Booking Conditions valid from 1 September 2015.