About Kuoni Travel - Terms and Conditions 2009

2009 Terms & Conditions

The Terms & Conditions below are taken from the Kuoni Worldwide 2009 brochure and these apply to all bookings made on our Website

Before you book

1.1 CHOOSING YOUR HOLIDAY
We hope that your Kuoni holiday will live up to your expectations so it is very important that you choose the right holiday for you and our staff are always happy to advise and give you their professional opinion.

1.2 HOTEL GRADINGS
Choosing the right hotel can be a dilemma, especially when travelling to long haul destinations and whilst most hotels have official star ratings locally, in some cases official ratings cannot always be relied on. Subsequently we have categorised all hotels throughout the brochure as three, four or five star to give a general guide. However, standards can vary between hotels of the same class in different countries, and even in the same country. For example city hotels which often cater for business as well as leisure travellers may well have generally higher standards than a beach resort hotel where the whole atmosphere will tend to be more relaxed. It is important to read carefully the individual hotel descriptions. A comparison of the extra night cost shown in the price box against each hotel will also give some idea of how hotels in the same resort/country are likely to compare in terms of general standards.

1.3 SINGLE ROOMS
It is an unfair fact of life that single travellers often have to pay over the odds for a room, often up to twice the price each person in a twin room might have to pay. So we have negotiated some super deals and are delighted to offer you the widest choice of single saver offers available on the UK longhaul market today.

Please check in the Kuoni Plus box on each page for these very special offers. However note that the standard and location of single rooms is not always as good as that of twin/double rooms even when you pay the single supplement. On safari, excursions and touring holidays single rooms cannot always be guaranteed. Supplements paid will be refunded if a single room previously confirmed is not available.
i) Why are single travellers asked to pay more for their room?
If a single person occupies a double room they will usually be asked to pay extra (a single supplement). Hotels price their rooms, as doubles or family rooms and they do not reduce the rates if it is occupied by a single person. The costs to the hotel of providing the room – heating, lighting, cleaning etc are the same regardless of how many people occupy that room. This also applies to self-catering units where, for example, three people may choose to occupy accommodation priced for four.
ii) Why are single rooms sometimes smaller than doubles or family rooms?
Hotel design may mean that single rooms are smaller and sometimes less well appointed. While there is normally a supplement for these rooms, the overall cost will usually be less than when a single person occupies a double room. We do not make additional or excessive profits from these supplements. The prices we charge reflect the costs of under occupancy of the rooms contracted to us by the hotel.

1.4 TWIN OR DOUBLE
Accommodation in all hotels, whatever the rating, is in standard rooms (sometimes named superior/delux) based on twins or doubles unless otherwise stated.

1.5 TRIPLE/QUAD ROOMS
A third or fourth person sharing a room either shares existing beds or has an extra bed (which may be of campbed style) placed in a double/twin room. As conditions may be cramped you may wish to consider booking two rooms.

1.6 MINIMUM STAYS
Minimum stays are required at certain hotels for certain periods. Where applicable these will be advised at time of booking.

1.7 BOOKING A ROOM FOR EARLY ARRIVAL OR LATE DEPARTURE
Generally hotel rooms will be available between approximately noon and 3 pm, and are to be vacated between 10am and noon, irrespective of your arrival or departure times, unless we have stated otherwise. Should you wish your room to be ready prior to noon on your day of arrival or available after 10am for an afternoon or evening departure, it is possible to reserve the room at the time of booking at a cost no greater than the extra night price quoted on the brochure page.

1.8 KUONI PLUS/ROOM UPGRADE/HONEYMOON/ ANNIVERSARY OFFERS
When the offer of a room upgrade is mentioned in Kuoni Plus, it is not necessarily an upgrade to the next category featured in our brochure, but usually an upgrade to the next category of room (not suite) available within the hotel.We will of course do everything possible to arrange the provision of a double bed for honeymoon couples but it is not always possible to guarantee this and the provision of a double bed does not constitute a term of your contract with us. anniversary offers only apply if you're celebrating your Silver (25th) or Golden (50th) wedding anniversary while on holiday.

Remember to advise us at the time of booking that it is your silver or gold anniversary to qualify for any anniversary offers and take a copy of your wedding certificate with you.

In order to qualify for a Kuoni Plus offer, your stay and/or holiday must be started and completed within the date band specified, under the individual offers as stated. For hotel sale discounts, where there is a minimum stay requirement, the nights spent at the hotel must be consecutive.

The featured Kuoni Plus Offers are correct at the time of brochure printing, but they may change, often at short notice. If you are interested in any of the Kuoni Plus Offers, please contact your travel agent and/or sales Team to check the current terms of the offer before you book.

1.9 FREE EXTRAS
At certain hotels we offer a free lunch, dinner, or hotel bar credit and at other hotels we may offer up to a 20% discount on food and/or beverage extras usually payable at the end of your stay. This offer is not available if you pay by credit card, nor is a cash alternative available.

1.10 ALL INCLUSIVE AND HOTELS FOR COUPLES
Some hotels specified ‘for couples’ cater for mixed sex couples only. Hotels often place restrictions on restaurants and meal arrangements. All Inclusive does not necessarily mean that unlimited food and beverages are available 24-hours a day. Individual hotels operate different policies and full details will be provided locally.

1.11 TOURS - GENERAL HEALTH REQUIREMENTS
Most of our tours are not suitable if you have any disability or have reduced mobility (including being confined to a wheelchair). Therefore, in the interest of safety and comfort for all groups as a whole, you must be fit enough to participate or alternatively you must have an able bodied carer to assist you on the tour.

1.12 PASSPORTS/VISAS/HEALTH
You will need a full 10 year passport to travel to the destinations we feature in this brochure. Some destinations also require visas. You should contact your GP or a specialist vaccination centre for details of the measures you will need to take prior to departure. Visit the Kuoni FAQ's section for help. Many countries including USA now require children to hold their own passports and additional countries are adopting this policy on an ongoing basis.We therefore recommend that all children travel on full passports.

CANADIAN ENTRY REGULATIONS: If you have committed or been convicted of a criminal offence including driving whilst impaired, you may be prohibited from entering Canada. For further information please contact the Canadian High Commission 020 7258 6600

USA REQUIREMENTS: The US Government has reinforced their entry regulations making some important changes which are now in effect: NB:Some passports issued by British Consular posts abroad may not be machine readable – please check with the UK Passport Service on 0870 521 0410 or www.passport.gov.uk for further information.
Please read more details prior to booking your holiday.

1.13 CHILDREN ON HOLIDAY
Offers are subject to availability of triple or quad rooms. Infants under the age of 2 years on the date of return flight pay from £95 for European flights and £149 for Longhaul flights when travelling in economy, other classes of air travel available on request. Any charge for a baby cot in the room and food are paid by the guest direct to the hotel and there is no entitlement to a seperate seat on the aircraft if the flight is full. international airline regulations allow only one infant per adult. We do not allow holidays for children under 10 on escorted tours, coach tours or on safari (unless in private minibus). some destinations, owing to their lack of special child or medical facilities are also not suitable for very young children but we would be happy to advise which hotels or resorts we think suit your requirements best. Se the relevant price box where any specific minimum agt restrictions are given.

1.14 HOLIDAY SEASONS
Most of the destinations we feature in this brochure are available all year round. Some do have quieter 'off peak' periods when you can take advantage of uncrowded beaches and more personal attention from hotel staff at excellent prices. At this time it may be necessary for hotels to scale down the size of some of their facilities, such as restaurants, to match demand. Similarly, during peak periods hotels experience full occupancy which may result in a livelier atmosphere and slower service in busier facilities.

1.15 EXPERIENCES
We are pleased to be able to offer various ‘experiences’ as detailed in our brochure that can either be pre-booked or booked in resort. These experiences will require you to be in good physical and mental health. By booking, you confirm that you and your party are in good health with no medical history that would make it dangerous to participate in an experience. The experience will be supervised, and all reasonable precautions will be taken to ensure that you and your party are safe.We will only accept responsibility for personal injury where it is caused by our negligence or the negligence of our suppliers and we do not accept responsibility for any loss or damage to property. The 'experiences' are subject to minimum numbers and may be cancelled at short notice. In such circumstances a full refund of monies paid will be made.

1.16 PUBLIC HOLIDAYS
Virtually all countries have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays such as Ramadan, which affects many Muslim countries may result in a reduction of facilities and entertainment. Others are somewhat chaotic but great fun to be a part of.We suggest that you take this into consideration when selecting your departure date. The dates known to us at the time of going to press, are:

Ramadan: 22 August 2009 (approx for one month)
Chinese New Year: 26 January 2009
Hindu Holi Dye throwing feast (India & Nepal): 11 March 2009
Sinhala + Tamil New Year (Sri Lanka): 14 April 2009
Diwali (India): 17 October 2009
King’s birthday (Thailand): 05 December

The appropriate Tourist Offices are happy to supply more detailed information or you may wish to refer to the internet.

1.17 OTHER HOTEL GUESTS
Many hotels, especially in cities and major resorts, accommodate conventions and conferences. Also, at certain times of the year, some destinations have an influx of groups such as students, associations or clubs. The hotels we feature are shared with guests from many countries with different cultures and customs. We have no control over the acceptance of bookings at the hotels we feature other than our own. We are therefore unable to accept any responsibility for any inconvenience caused by such groups or their activities.

1.18 MEALS
Meals if included are based on table d’hôte menus, or a meal voucher system unless specified otherwise in the text. Holidays which include main meals generally commence with dinner on the day of arrival at your hotel and terminate with breakfast (on halfboard) or lunch (on fullboard or All Inclusive) on the day of departure. No refunds on meals not taken can be given. Special diets of any kind (including vegetarian) can seldom be catered for adequately within the constraints of a table d’hôte menu and cannot be guaranteed.

We would therefore strongly recommend that anyone with special requirements takes a holiday where no meals (or only breakfast) are included and simply buys the most acceptable dishes from the à la carte menu available locally.

Where breakfast is included this will more commonly be continental breakfast, although full breakfasts are provided at certain hotels. Please ask at the time of booking if this is important to you.

Supplements shown in our brochures for optional meal plans offer you the opportunity of being able to budget for extra costs before you go. In some cases you may find the cost of the meal cheaper locally, however we regret that it will not be possible to refund the difference either during or after your holiday. Pre booked meals may be subject to dining in the main restaurant only and on occasion it may be necessary to be seated with other hotel guests.

If you have paid a half board supplement it may be possible in some hotels to ask for a credit from the table d'hôte dinner to be used against a meal in an à la carte restaurant. However the value of the voucher will generally be considerably less than the half board supplement included in your holiday price.

1.19 UPGRADING YOUR FLIGHT
A longhaul flight is generally not a joyride when flying in economy class on scheduled or charter flights. Flights are often full, your choice of seats may not be available, and it may not be possible to obtain seats together. In many cases a choice of upgrade options may be available, to give you a more comfortable journey at a reasonable supplement.

1.20 FLIGHT SEAT REQUESTS AND AIRCRAFT
We strongly recommend (particularly if you are flying economy class), that you check in early if you have particular seat requests. Kuoni has no control over the allocation of seats by the airline and even if a request has been made with the airline to prebook seats, no guarantee can be made that they will still be available on departure. The provision of particular seats does not constitute a term of your contract with us. Please note airlines operate both older and more modern aircraft within their fleet.We regret we cannot guarantee the type of aircraft you will travel on as this may be subject to change and general availability. Although some airlines offer the facility to book seats online, this is not always possible when booking a holiday through us, as the holidays we offer are based on special Tour Operator fares.

Community List
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community List’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection via- www.dft.gov.uk.

1.21 DIRECT FLIGHTS
The flight routings used in connection with our holidays may be used on special fares which do not necessarily take the most direct route. Some itineraries require a change of aircraft en route. A flight that is described as direct is one where there is no need to change aircraft during the journey. However stops may be made en route for refuelling or to let passengers on and/ or off. Details of any stops will be given on your itinerary wherever possible. However, should you require this information at an earlier stage, please check with your Travel Agent and/or our Sales staff at the time of booking, or our HelpDesk once the booking has been invoiced.

1.23 CODE SHARE FLIGHTS
It is a common practice for scheduled airlines to use a code share system, which may include you flying with a partner airline. Where this situation arises, it is not classed as a major change.

1.24 CHARTER FLIGHTS
We provide these to destinations where there are usually no direct scheduled flights, and/or insufficient capacity on these services to meet demand. A charter flight is usually the cheapest and quickest way of reaching the particular destination. However, it should be noted that leg room is slightly less than in economy on some scheduled flights.

1.25 'NO FRILLS' CARRIERS
We provide a choice of scheduled and 'no frills' carriers to take advantage of the flexibility and pricing available. You should note that ' no frills' flights do not include in flight meals. The deposit at the time of booking is £150 per person. However, it may occasionally be necessary to charge a higher deposit due toa fluctuation in airfares, details of which would be advised to you at the time of booking. Any changes to destination/ routing will be subject to availability and will incur the loss of the original deposit collected. Date and name changes are permitted, subject to availability and the revevant charges imposed as per the individual airlines own policies(details available on request). Any changes made may also result in additional charges due to an increase in airfare or charges imposed.

1.26 SMOKING
The majority of airlines have introduced a total smoking ban on most or all of their flights and many hotels also now have a non-smoking policy in hotel rooms and public areas. Please ask at the time of booking if this information is important to you.

1.27 SPECIAL REQUESTS
Where special requests eg. diet, room location, twin or double bedded room, a particular facility at a hotel, flight seat requests and/or particular meals etc. are an important factor in the choice of holiday, you must advise us when the booking is made. We are happy to pass your request on to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us.

1.28 IF YOU HAVE A DISABILITY
Kuoni complies fully with Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (the "Regulation") and is delighted to offer assistance to disabled persons or persons with reduced mobility provided that we are given full information about your specific requirements at the time of booking.

1.29 EXCURSION/MEAL PACKAGES
Excursion or meal packages which are offered in this brochure are not always cheaper than buying the same arrangements locally. It is often the case that these packages are offered for the convenience of being both booked and paid for in the UK. The cost of any unused tours within excursion packages may not be refunded.

1.30 GROUP TRANSFERS
Our holidays include group transfers from airports/ hotels and vice versa unless otherwise stated on the appropriate holiday product or your documentation. A group transfer is generally a shared transfer and the type of vehicle used will normally be dependant upon the size of the group, with stops being made en route to drop off/ pick up other clients and therefore, the actual duationof your transfer will be dependant upon this. Alternatively, in many destinations, you have the choice of upgrading to your own private transfer at the appropriate cost, details on request.

1.31 WEATHER
World weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions.

1.32 OUR STAFF
We pride ourselves on the quality and friendly professionalism of our staff. In our search to continually try and improve our level of service, we are committed to on-going training, part of which involves the recording of phone calls.

1.33 LIMITED EDITIONS BROCHURES & SPECIAL OFFERS
Please note that many of the hotels and tours included in our Limited Editions brochures and/or special offers are also featured in our other main brochures/website. Any offers/facilities detailed therein are not applicable to Limited Editions holidays or special offers unless otherwise stated.

Kuoni’s Price Guarantee
All prices quoted in this brochure are calculated on rates of exchange as known on 18 April 2008 and as published in the Financial Times of 21 April 2008 (US$1.9971). Brochure prices can go up or down. Before you make a booking we will give you the up to date price of your chosen holiday, including the cost of any peak season supplements, fuel surcharges, upgrades or additional facilities which you have requested*. Once you have accepted this price and a booking has been made, that price is fully guaranteed and will not be subject to any surcharges. *See out of date range flights at 2.3

The Price Includes

The services of Kuoni resident representatives (tour leaders on escorted tours) or Kuoni appointed local agents with English speaking staff in most of the areas featured in this brochure.
Economy class airfares on scheduled (or charter flights) on IATA carriers and other airlines from UK as per itinerary (Air fares are based on group travel and changes of reservations are not permitted without the confirmation of Kuoni).
44 Ibs (20 kgs) baggage allowance or on selected routes eg USA/Caribbean 2 pieces of luggage (dimensions not exceeding 1 at 62" and 1 at 55") plus 1 piece of hand baggage (dimensions not exceeding 45" unless otherwise stated).
Accommodation and sightseeing as specified in the itinerary.
Meals as shown under hotel and tour text.
UK departure tax.
Government taxes and compulsory service charges.
Transfers from airport/hotels and vice versa unless otherwise stated on the appropriate pages.

Not Included

Visa fees, overseas airport taxes, overseas porterage, any government taxes or compulsory charges introduced after publication of this brochure.
Optional excursions or activities booked during your holiday.

Booking & paying for your holiday

2.1 YOUR COMMITMENT TO US
When you or your Travel Agent wish to confirm a holiday booking you must pay a deposit of £150 per person or any higher deposit which applies to your holiday. When you make a booking you are confirming that you understand and have accepted on behalf of yourself and all members of your party our Important Holiday Information which forms our booking conditions. All contracts with Kuoni are made subject to these booking conditions and are subject to English law and the jurisdiction of the English Courts or, if your booking was made in Scotland, to Scottish law and jurisdiction.

Many airlines now require the full name of all passengers travelling. We will therefore ask you at the time of booking to provide us with your first forename (as shown in your passport) as well as your title and surname. When booking your holiday, if you wish to make a modification to a holiday shown in the brochure we will try to assist. Should you wish to change to an alternative featured hotel, this will be charged at the difference in published price, as long as Kuoni holds the space required. If we have to make a special request for alternative or extra space, an administration fee of £10 per booking will be charged. Additional services will be quoted for upon request. Should you wish to extend your holiday making your own private arrangements, this can usually be done subject to an administrative charge of £3 per person per night. Prices for accommodation only bookings can be quoted on request.

We accept various methods of payment, however please note that, for bookings made on or after the 1st August 2008, if you choose to pay by credit card, there will be a charge levied. You can of course opt for an alternative method of payment ie: cheque or by debit card.

2.2 OUR COMMITMENT TO YOU
Your contract is with Kuoni Travel Ltd. We will arrange to provide you with the various services which form part of the holiday you book with us. Before your booking is confirmed and a contract comes into existence we reserve the right to increase or decrease brochure prices (see Kuoni’s Price Guarantee opposite) or to change any of the information contained in this brochure. Changes will be made known to you before you book. The prices we advertise are based on specially negotiated airfares to be booked in a specific airline booking class. At the time of booking, if there is a lack of availability in the specified class on any particular flight, we will endeavour to secure seats for you in an alternative economy class and you will be told the amount of the applicable flight supplement / higher deposit before you book. A booking is not accepted until we issue an invoice. The date shown on the invoice, which will be sent to you or your Travel Agent is the date of booking. It is important to check the details on the invoice when you get it. In the event of any discrepancy please contact us or your Travel Agent immediately.

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security with the Civil Aviation Authority under ATOL number 132 and a bond held by the FTO. If you book arrangements other than a package holiday from this brochure (e.g. accommodation only), the financial protection referred to above does not apply.

2.3 OUT OF DATE RANGE FLIGHTS
Our brochures are prepared well in advance and scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before the departure. Should this apply we will inform you at the time of booking and calculate the price in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply. We will issue an invoice recording the arrangements reserved for you and will take a deposit, but a contract will not exist between us. When the airline seats become available to book we will tell you the price and give you 7 days to either accept the price or cancel the booking and receive a full refund. If you accept the price, we will issue an invoice and a contract exists between us.

2.4 PEAK SEASON SUPPLEMENTS
During peak periods such as Christmas and Easter when demand outstrips the supply of airline seats and accommodation, you may find that supplements are added to the cost of your holiday. The supplements may be for certain holiday departures and/or accommodation on specific dates. They do not necessarily indicate that additional services such as Gala dinners will be provided. The cost of these supplements will be quoted to you at the time of booking.

2.5 PAYING FOR YOUR HOLIDAY
After your booking is taken and a deposit received, a balance invoice will be sent to you detailing the total cost due. Full payment is due not less than 61 days before departure. If you do not pay in full 61 days before departure, we reserve the right to cancel your booking and forfeit your deposit by way of cancellation charges. If you make a holiday booking within 61 days of your departure date then you must pay the full cost of the holiday at the booking stage. Any money paid by you to a travel agent is held by the agent on our behalf.

2.6 INSURANCE
It is important that you have insurance cover and that it is adequate for your needs. You can take out cover through Kuoni, in which case the premium will be added at the time of booking. Should you decide to arrange a policy yourself, please check carefully to ensure that it provides an equal or higher level of cover. Travel insurance sold by Kuoni is only valid for UK residents. For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance.

2.7 TRAVEL INFORMATION AND DOCUMENTS
You should receive with your invoice a copy of our destination information covering the area/s you are visiting and general information.We strongly recommend that you read these. Approximately 7 days before departure you will receive your flight/ e-ticket together with an itinerary.

However, in the case of late payment and/or late bookings, tickets may be handed to you at the airport on departure. Please ensure that you check the flight timings on your tickets carefully. The correct timings, using the 24 hour clock system, may have been adjusted since we published the brochure and since you received your invoice.

If you want to change or cancel your holiday

3.1 CHANGE OR ADDITION TO YOUR HOLIDAY
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent.If it is possible to make the change, it will be subject to an administration charge of £35 per booking, and payment of any further costs incurred as a result of the change. If you change your booking to a holiday of lower value, and then cancel that holiday, we reserve the right to levy cancellation charges on the value of the original booking.

Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that save for the transfer of a booking (see below), or the addition of any offers made by Kuoni in the brochure which were not requested at the time of booking, it will not be possible to make changes within 28 days of your scheduled departure date.

3.2 TRANSFERRING BOOKINGS
If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or significant reason, we will agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost and any additional costs arising from the transfer. This will also be subject to our suppliers eg. airlines and/or hotels approval. We must be given at least 14 days notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 61 days before departure, and £100 per person within 61 days before departure.

3.3 CANCELLING YOUR HOLIDAY
If you or anyone on your holiday booking decides to cancel the holiday you must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail to help@kuoni.co.uk within 24-hours by the person who made the original booking. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification.

A cancellation invoice will be sent to you within 7 days, if you do not receive this please contact us immediately in order to prevent an increase in charges. You may also check your booking has been cancelled on our web-site, www.kuoni.co.uk. Should you already be in receipt of your airline tickets please also return these to us along with your cancellation request. The following scale of charges will be payable depending on when the notification of cancellation is received.

Prior to 61 days: deposit forfeited;

60 – 42: 30% of total holiday cost
41 – 28: 60% of total holiday cost
27 – 7: 90% of total holiday cost
Less than 7 days: 100% of total holiday cost

We would strongly recommend that you take out full insurance, which will in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees. If you have taken advantage of an airline offer as detailed on the relevant page and paid a higher non refundable deposit, the cancellation charge payable by you will be the higher of this deposit or the appropriate cancellation charge detailed above.

If we want to change or cancel your holiday

4.1 BROCHURE ACCURACY
We rigorously check the information given in our brochure about accommodation, resorts, itineraries etc., to ensure it is correct at the time of going to sale (May 2008) but in view of the fact that brochures are prepared in advance, advertised facilities may be changed. Therefore changes may be made to the particulars in this brochure at any time before the contract with you is made. In these circumstances we will notify you of changes before you book. However, please bear in mind that hoteliers, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. Flight times, carriers and routes in the brochure are given for guidance only as there may be changes. Final details will be shown on your tickets. Tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised in our brochure. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure

4.2 BUILDING AND DEVELOPMENT WORK
Many hotels and resorts are continuing to develop, sometimes rapidly and intensively and often with little or no advance warning. Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near to your departure this may be.

4.3 FLIGHT CHANGES
Airlines occasionally may change the type of aircraft used on a particular flight without advance warning. Scheduled and charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we ourselves are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction of your duration, we will offer you a refund of any applicable costs.

4.4 IF WE CHANGE YOUR HOLIDAY BEFORE YOUR DEPARTURE
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a SIGNIFICANT CHANGE we will endeavour to advise you or your Travel Agent as soon as reasonably possible. A significant change includes a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, a change of UK departure airport, or a significant change of resort area.In accordance with EU regulations we are required to advise you of the actual air carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on the relevant brochure pages and/or your holiday confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. In the case of a SIGNIFICANT CHANGE before your departure we will provide you with three alternatives:
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available.
(b) alternative travel arrangements of a lower standard together with a refund of the difference in price; or
(c) cancel your holiday with a full refund of all monies paid.

In all 3 cases, minimum compensation will be paid as detailed below unless the change occurs as a result of circumstances beyond our control.

Period before departure within Compensation which a major change is notified per person to you or your travel agent:

More than 60 days: NIL

60 – 42 days: £20
41 – 28 days: £30
27 – 15 days: £40
14 – 0 days: £50

4.5 CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your holiday as a result of unusual or unforeseeable situations outside our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.

4.6 IF WE CHANGE YOUR HOLIDAY ACCOMMODATION
We do not control the day to day management of your accommodation, and in exceptional cases it is possible that we may be advised that the reserved accommodation has been overbooked. If this happens before your departure or on arrival in resort 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 we will refund the difference of the brochure price between the accommodation booked and that available, and will pay up to £50 per person for any inconvenience.

4.7 IF WE CANCEL YOUR HOLIDAY
We reserve the right in any circumstances to cancel your holiday for any reason. However we will not cancel your holiday within 61 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control). If we have to cancel your holiday we will offer you:-
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available.
(b) travel arrangements of a lower standard and a refund of the difference in price; or
(c) a full refund of all monies paid.
Compensation as offered for ‘significant changes’ will also be paid unless the holiday is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. No compensation is payable if the holiday is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package.

4.8 MINIMUM NUMBERS
Price boxes on relevant pages will indicate whether a particular holiday is subject to a minimum number of participants for its operation.We will advise you at least 61 days before departure if minimum numbers have not been reached. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost, or having a refund of monies paid. No compensation will be payable and we are unable to offer refunds of any associated costs ie visas etc.

4.9 TOURS
Whilst every effort is made to operate a tour as advertised, on occasion it may be necessary to make changes to the accommodation, the routing or order of an itinerary. Unless the change significantly alters the holiday, compensation will not be payable for minor alterations to the itinerary or nightly accommodation.

On holiday

5.1 FLIGHT DELAYS
In the event of a flight being delayed, we will arrange for the following to be provided, whenever practical, and subject to the airport being able to cater for this:- over 4 hours, an appropriate meal, and for delays of at least 8 hours extending beyond midnight, overnight accommodation will be provided wherever possible. However, this will depend on such factors as the expected length of delay, local availability of accommodation, immigration rulings etc. Where long flight delays result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let. Our travel insurance policy offers compensation for certain flight delays.

5.2 WATER/ELECTRICITY SUPPLIES
In many of the less sophisticated destinations we feature, the water and electricity services struggle to keep up with the increased demands from tourism. Limited rainfall can put further pressure on their provision. Hotels do everything possible to maintain full services. However, occasional power cuts and/or water restrictions may be experienced.

5.3 ACCOMMODATION IN THE TROPICS
In many hotels, especially beach resorts ‘insects’ in the rooms (eg. cockroaches etc) are almost inevitable. It should by no means be taken as a sign of dirtiness, simply a fact of life in these destinations. Views from some hotel rooms may be partly obscured by palm trees and other vegetation that can grow very quickly in tropical climates.

5.4 WATERSPORTS AND OTHER ACTIVITIES
Many hotels offer watersports and other sporting activities, in some cases these may be free of charge. Please note that in the interest of your personal safety, the operators of these activities may require that you demonstrate your competence (for example a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another guest’s safety.

5.5 BEHAVIOUR
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.

5.6 LOST ITEMS
If you lose any personal items whilst on holiday, please obtain a written report from a local representative, or police, to help with any insurance claim upon your return.

5.7 IF YOU HAVE A COMPLAINT WHILE YOU ARE ON HOLIDAY
If you have cause for complaint whilst on holiday, you must bring it to the attention of our local representative or agent and the hotel immediately. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.

5.8 KUONI DUTY OFFICER
Kuoni operates a 24 hour emergency duty officer system, and the contact number for this will be provided with your itinerary.

5.9 CONSERVATION
It is becoming ever more important to conserve the world’s natural resources, its landscapes, flora and fauna. Someone coined the phrase "Take only photographs; leave only footprints" and a number of countries now use this to promote conservation. It would be hard to improve on this statement.

5.10 OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS
(a) The air holidays and flights in this brochure are ATOL protected. We hold an Air Travel Organisers’ Licence (ATOL 0132) granted by the Civil Aviation Authority. 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. For further information, visit the ATOL website at www.atol.org.uk.

(b) Subject to (d), we will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure from the UK is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury: is not caused by any fault of ours, or our agents or suppliers; is caused by you; is caused by someone not connected with your holiday arrangements or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.

(c) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected.

(d) Subject to (b) above, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train or coach forming part of the holiday arrangements booked before departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the Montreal Additional Protocol of 1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and, in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained in the case of death or bodily injury caused by an accident which takes place on board the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them or view them online at www.kuoni.co.uk. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its ‘conditions of carriage’ which may limit or remove the carrier’s liability to you and limit compensation under international conventions. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 - www.auc.org.uk

(e) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.

(f) If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make.

(g) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Kuoni has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions.

In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (d).

5.11 REPRESENTATIVE SERVICES
Please note we do not have representative services available in all the destinations we feature and therefore you will not necessarily be met on arrival. Please ensure you refer to your itinerary which will provide the appropriate contact details should you need assistance whilst on holiday.

5.12 CURTAILMENT
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 the remainder of your holiday not completed, or assist with 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.

On return from your holiday

6.1 QUESTIONNAIRE
We are committed to improving the standard of our holidays and it is only with the help of your feedback that we will be able to achieve our aim. We would therefore appreciate it if you would spend a few moments to complete and return the questionnaire which you will find in your document wallet. The Quality Control Manager at Kuoni Travel Limited, Kuoni House, Dorking, Surrey RH5 4AZ (e-mail address: customer@kuoni.co.uk) would also welcome and act upon any comments you would like to pass on to us.

6.2 IF YOU HAD A PROBLEM
If a problem remains unresolved during your holiday, you should make a complaint in writing to Kuoni within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will reply to you within 28 days of receipt of your letter, as laid down by the ABTA Tour Operator’s Code of Conduct.

6.3 DEALING WITH COMPLAINTS
We are a member of ABTA, membership number V258X. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We certainly hope that we can settle any holiday complaints amicably, however, should this prove not to be the case you may refer any dispute relating to this contract to an Arbitrator appointed by the IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability for you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences, although claims which include an element of minor injury or illness can be considered subject to a limit of £1,000 on the amount the arbitrator can award per person, in respect of this element.

The application for arbitration and Statement of Claim must be received by the IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

6.4 OUR COMMITMENT TO YOU FOR PERSONAL INJURY CLAIMS (UNCONNECTED WITH ARRANGEMENTS MADE BY US)
Should you or any member of your party suffer illness, personal injury or death through any misadventure during your holiday arising out of an activity which does not form part of your holiday arrangements provided by Kuoni, we will, in our reasonable discretion, offer you advice, guidance and assistance. This may include a contribution towards your initial legal costs of making a claim against the offending party. Any contribution made by us will be limited to £5000 per booking form. Any request for assistance must be made within 90 days from the date of the misadventure in question. If you are able to make recovery of these costs whether from the third party or from a policy of insurance you may be asked to refund our outlay.

DATA PROTECTION POLICY
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. You are responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your travel arrangements and insurance. Only information necessary for this purpose will be disclosed to them. In the case of air travel, it may be mandatory for us to disclose information for security and anti-terrorism purposes and any other purpose imposed on us by governments or airlines. We may use your information for the purposes set out in our data protection registration with the Office of the Information
Commissioner.

We may disclose the same to companies in the Kuoni Group for business purposes and to companies who act as data processors on our behalf. Some information, for example relating to your religion or health, may be “sensitive personal data” within the meaning of the Data Protection Act 1998. We need this information to cater for your needs, but it is collected on condition that we have your positive consent. If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling. For example, if you contract an infectious illness whilst on holiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately. From time to time we may contact you by post with information about special offers or holidays. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you. You will be charged a fee for this. Any request should be addressed to The Company Secretary, Kuoni Travel Limited, Kuoni House, Dorking, Surrey, RH5 4AZ.

Web site

7.1 Web site accuracy
We rigorously check the information provided on our web site about accommodation, resorts, itineraries etc., to ensure it is correct at the time of being added. However, please bear in mind that hoteliers, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. There may be changes to flight timings. Tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised on our web site. When we are told of any significant or long term changes we will always endeavour to advise you prior to departure.

7.2 Web site Copyright

The copyright in the material on this web site rests with Kuoni Travel Ltd. and its suppliers. Your access to it does not imply a licence to reproduce and/or distribute this information. This means that you cannot reproduce or distribute this information.