India 2020-22 Brochure

65 www.somak.co.uk Your contract is with Somak Travel Limited, of which Somak Holidays is a registered trading division, and is subject to our privacy policy which can be found at www.somak.co.uk/privacy-policy 1. Your holiday contract: When you make a booking you undertake that you have the authority to accept and do accept these booking conditions on behalf of yourself and your party. A contract will exist upon the issue of our Confirmation Invoice. These conditions in conjunction with the information set out in our brochure form the entire agreement between Somak Holidays and yourself. Any advice/information given to you by your travel agent which is inconsistent with our brochure and these conditions will not form part of your contract with ourselves. 2. Your financial protection: We are a member of ABTA (No V5319) and hold ATOL No 2550 issued by the Civil Aviation Authority. £2.50 per person is added to the cost of this air holiday package and is paid to the Civil Aviation Authority to provide ATOL Protection to you. 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, 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, 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. All money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. 3. Your holiday price: When you or your travel agent request a booking with Somak, if we are able to accept the booking, you must immediately pay a non-refundable deposit of £300 per person. Occasionally you may be required to pay a non-refundable deposit greater than £300 (which will be advised at the time of booking), this is so that we can secure hotels, flights or products on your behalf that must be paid for by Somak at the time we book them for you. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If your booking is made within 8 weeks of departure, full payment including any insurance premiums is required at the time of booking. If the deposit is not paid on time, we reserve the right to cancel your travel arrangements. If the balance is not paid on time we shall retain your deposit and reserve the right to cancel your travel arrangements and levy the cancellation charges set out in clause 5 below. All monies you pay to the travel agent are held by them on our behalf at all times. All prices in our brochures or on our website are in £ sterling, per person (based on 2 people sharing). We reserve the right to change our prices at any time before you book, including any special offers which we may have from time-to-time, and which may or may not be the same as set out in our publicity material. 4. 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, we will do our utmost to make these changes but it may not always be possible. Any request for changes MUST be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £25 per person per change, together with any further charges and/or supplements and/or costs we incur in making this alteration. You should be aware that these costs will increase the closer to the departure date that changes are made and may include the cost of replacement air tickets, you should therefore contact us as soon as possible. We may not be able to make alterations to your holiday arrangements within 21 days of departure without you incurring cancellation charges. 5. If you cancel your holiday: You, or any member of your party, may cancel your travel arrangements at any time. WRITTEN notification from the person who made the booking or your travel agent must be received at our offices. The following scale of cancellation will be payable depending on when the notification of cancellation is received: 56 days or more Deposit only 55 – 43 days 30% of total holiday price 42 – 29 days 50% of total holiday price 28 – 15 days 75% of total holiday price Less than 14 days 100% of total holiday price At the time of cancellation, if the deposit paid is greater than any of the cancellation bands above, the higher amount will apply as a cancellation charge. If some, but not all, party members cancel, additional charges may be payable by the remaining members (e.g. under occupancy charges). Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 6. If we change or cancel your holiday: It is unlikely that we will have to make any changes to your travel arrangements. However, we do plan the arrangements many months in advance and occasionally, therefore, it may be necessary to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them if practicable and time permitting. Please note that carriers, timings and routings given in the brochure are for guidance only and may be subject to change. Such changes are deemed to be minor changes. Other examples of minor 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 standard, or change of airports within the London area. 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, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If it is necessary for us to cancel your travel arrangements for reasons other than force majeure and non- payment of the final balance, we will pay compensation to you as set out in this clause. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us, if available (with no amendment fee although subject to any difference in brochure price), or cancelling your booked holiday and receiving a full refund of all monies paid except for insurance premiums and/or amendment charges. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below for the period before your departure within which the notice of cancellation or major change is notified to you: 56 days or more Nil 55 – 43 days £10 42 – 29 days £20 28 – 15 days £30 Less than 15 days £50 'Force Majeure': This means any situation outside our control such as war or threat of war, riot, 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. Simply India Holidays by Somak INDIA 2020 – 2022 Publication date: January 2020. 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. Booking Conditions