Africa 2019-21 Brochure

www.somak.co.uk 163 Booking Conditions industrial dispute, technical or maintenance problems with means of transportation, re- scheduling or cancellation of flights by an airline or main charterer, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that amount to force majeure. As we do not control the day-to-day management of your accommodation it is possible that the reserved accommodation may not be suitable or available to you once you have arrived in resort. If this happens we will endeavour to provide accommodation of at least the same standard in the same resort area. If only accommodation of a lower standard is available then we will refund the difference of the brochure price between the accommodation booked and that available, together with compensation of £50 per person. In February 2005 European law (EU261) introduced new consumer rights where you may suffer denied boarding, delays or cancellation of your flight. These rights are against the carrier concerned and not against us. In some situations you may be able to cancel your flight and receive a refund of the flight element however this will not entitle you to reimbursement of the cost of the holiday from us. Details of your rights are available at all EU airports and from the airlines concerned. 7. If you have a complaint: If you have a problem during your holiday, you must, whilst in resort, inform the relevant supplier (e.g. your hotelier) and your resort representative as soon as possible and they will endeavour to put things right. You must also complete a Customer Report Form whilst in resort. If your complaint is not resolved locally, please follow it up within 28 days of your return home by writing to our Customer Services Department giving your booking reference and all other relevant information. Please keep your letter concise, to the point and typed if possible. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to report any problems whilst in resort we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were there, and this may affect any rights you may otherwise have had under this contract. 8. What happens to complaints: It is unlikely that you will have a complaint that cannot be settled amicably either whilst in resort or following your return home. However, disputes arising from this contract which cannot be settled amicably may, if you wish, be referred to the ABTA Arbitration scheme (see below) or to a court of law. The ABTA Arbitration scheme is arranged by The Association of British Travel Agents Ltd., but is administered quite independently by CEDR. The ABTA scheme provides a simple and inexpensive method of arbitration on documents alone, with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £5,000 per person or £25,000 per booking form. If you choose to proceed to Arbitration under this scheme, you must send a written notice of your decision to ABTA within 18 months after your scheduled date of return. Full details of the scheme are available from The Association of British Travel Agents Ltd. at 30 Park Street, London SE1 9EQ, www.abta.com 9. Our liability to you: We are responsible for ensuring that your package holiday is of a reasonable standard and as described to you. If any part fails to reach this standard and affects the enjoyment of your holiday, we will offer reasonable compensation providing it is not due to events outside our control. Our liability in all these cases is limited to a maximum of twice the value of the services affected. Somak Holidays accept responsibility for death, injury, or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same, whilst acting in the course of their employment in the provision of your package holiday. We will pay compensation equivalent to that which would be awarded in an English Court, but will not offer compensation if the injury, illness or death is caused by your own fault or the fault of someone unconnected with the package, or an event that could not have been expected or avoided even with all due care. In respect of international carriage by air or sea our liability in all cases will be limited in the manner permitted by international conventions. You may ask for copies of these from our offices. If you purchase excursions which do not form part of the package holiday, your contract will not be with Somak Holidays but with the supplier, we regret we are unable to accept any responsibility in these circumstances, however, we may be able to offer assistance as described below. 10. Personal injury unconnected with your booked travel arrangements: If you, or any member of your party, suffer death, illness or injury whilst overseas, arising out of an activity which does not form part of your package travel arrangements with ourselves, we shall, at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of any proceedings. Our consent will be given subject to you undertaking to assign any costs and/or benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000 per booking form. 11. Behaviour: Please note that your holiday arrangements will be terminated by ourselves or the suppliers concerned (e.g. airlines, hotels, tour leaders etc.) if you are behaving in such a way as to cause, or be likely to cause, danger or distress to others or damage to property. In this situation, Somak will not be liable to make any refund, pay any compensation, or meet any costs or expenses you incur as a result of your behaviour. Please note that you are at all times subject to the laws of the country you are visiting and must respect local cultures and customs. 12. Conditions of carriage/ accommodation: Each journey (whether undertaken or not) that you book by air, land or sea is governed by the conditions of the carrier which undertakes to provide that carriage. Some of these conditions limit or exclude liability and are often the subject of international agreements. Copies of applicable conditions are available for inspection at the offices of the carrier concerned or through ourselves. It is your own responsibility to reconfirm the onward or return sectors of any air journey with the carrier concerned or such carrier's duly authorised agents and according to such carrier's regulations. The outbound flight is reconfirmed by Somak Holidays prior to your departure. All accommodation booked by ourselves on your behalf is subject to the 'house rules' of the proprietor. 13. Insurance: It is imperative that you ensure that all of your party have adequate and appropriate insurance. You are free to choose your own policy but you must satisfy yourself that the policy is adequate for your needs, in particular for any activities you are contemplating during your holiday. 14. Documentation: Where travel and health documents are necessary to comply with the requirements of any country you may wish to visit, then it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon us then you shall reimburse us accordingly. You must be aware, by consulting your own doctor if necessary, of specific health precautions deemed prudent for the country/resort you intend to visit and obtain the appropriate medication/inoculations. 15. By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking (when it may be transferred abroad), for market research and analysis, to prevent fraud and to enable us to contact you by letter, telephone or email. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. 16. Law and jurisdiction: The contract between us, and these booking conditions, are governed by and construed in accordance with English law. All parties agree to submit to the exclusive jurisdiction of the English Courts. Booking forms can be downloaded from our website: www.somak.com/InsBookConditions/SomakBookingForm1_ files/form.htm AFRICA 2018 – 2020 (Publication date: September 2018) Somak Holidays is a division of Somak Travel Limited, Registered Office Somak House, Harrovian Village, Bessborough Road, Harrow on the Hill, Middlesex HA1 3EX. Registration No. 958261.