Your contract with Newmarket
We want you to enjoy every minute of your break or longer holiday with us, and we'll do our very best to try to ensure that it lives up to your expectations of it. We believe that our more than 20 years of tour operating experience, together with the reputation we have for quality and value, should give you the confidence to book with us. To give you further peace of mind, we accept your booking on the basis of our Terms and Conditions, which are designed to clarify the contractual obligations between us. Please spend some time reading them carefully, and please feel free to contact us should anything be unclear.
1. YOUR BOOKING: Your booking, once accepted and confirmed in writing to you, represents a contract between all persons named on the Booking Form and/or on the Confirmation of Reservation, and Newmarket Air Holidays (The Company). The contract is based on the information given in the holiday brochure, and the terms laid out in the following Booking Conditions. If you made a credit card booking over the telephone, and are seeing these Conditions for the first time, you may cancel your reservation in writing up to seven days from the date of receipt of your Confirmation of Reservation. This agreement is governed by English Law and exclusive jurisdiction is conferred on the English Court.
2. YOUR PAYMENT: Your Confirmation of Reservation includes an invoice showing the final balance due. The outstanding amount must be paid by the due date. Should we not receive payment by this date we reserve the right to treat your booking as cancelled, in which case you could be liable to pay cancellation charges according to the scale set out in paragraph 4 below. Please note that a £5.00 per transaction charge will be made for any final balances paid by credit card. IMPORTANT NOTE: The person signing the Booking Form does so on behalf of all persons named on it, and he/she becomes directly responsible to the Company for the payment of the total holiday price and if applicable, and where appropriate, for the cancellation charges and disbursements of any funds.
3. YOUR ALTERATIONS: If you want to change any of the details of your booking, we will always do our best to help. We will however make an amendment charge of £10 per person (maximum £40 per Booking Form per amendment) as a contribution to our administrative expenses. If, after the final balance has become due, you wish to make an alteration, we reserve the right to make cancellation charges as detailed in Note 4 below. All amendments must be notified to us in writing by the person who made the original booking. NB If an amendment involves a change of name, insurance premiums are not transferable. Where any change is made to a booking involving travel by air, we reserve the right to make additional charges to cover in full any costs charged to us by our suppliers.
4. YOUR CANCELLATION: You or any member of your party may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made in writing direct to the Company. If the cancellation results in a person travelling alone, a single room supplement is payable. The amount payable on cancellation depends upon when we receive your written instructions - the more notice you give, the less we will charge. Period before departure date within which written instructions are received by Newmarket Air Holidays and amount of cancellation charge (shown as a percentage of the total holiday price excluding insurance premium which is not refundable) are as follows:
Charge prior to 42 days Deposit only; 29 - 41 days 30% or deposit if greater; 15 - 28 days 45% or deposit if greater; 2 - 14 days 60%; less than 48 hours in advance or after departure date 100% Notes: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges.
5. YOUR COMPLAINTS: In the unlikely event that you have problems whilst on holiday, you MUST report the matter to the hotel or our representative IMMEDIATELY during your holiday. If the matter is not then satisfactorily resolved, you must complete a written report (form available from our representative). You must then follow up any complaint in writing within fourteen days of your return, including a copy of the original report form. We operate a strict code of conduct which also conforms to European regulations on package travel and take any complaints received seriously. However, in order to be fair to all concerned, complaints will be considered only where the above procedure has been followed.
6. YOUR TRAVELLING CONDITIONS: Where as part of the holiday you have booked your travel by air, land or sea, such travel will be subject to the terms and conditions of carriage of the airline, shipping, rail or coach company providing the transport. In most cases, the conditions will limit the carrier's liability to you in accordance with international law. Should anyone be refused admission to the coach, ferry or flight, or to the destination country by the transport or government authority, then we are powerless to assist and cannot be held responsible. This includes any passenger who fails to advise us of any medical condition or disability. If you are prevented from travelling as a result, our responsibility for your holiday thereupon ceases. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur.
Newmarket's contract with you
1. OUR CONFIRMATION OF RESERVATION: When we have received your booking form and deposit we will send you a confirmation of Reservation which details exactly what is booked for you. From this moment Newmarket Air Holidays has accepted your booking on the terms set out in this Contract.
2. FULL PRICE GUARANTEE: The price of your holiday as shown on your Confirmation of Reservation is fully guaranteed and will not be subject to any surcharges.
3. OUR ALTERATIONS: It is unlikely that we will have to make any changes to your holiday but we do plan your holiday arrangements many months in advance. Occasionally changes may be made, which we reserve the right to do so at any time. Most of these changes are minor and we will advise you at the earliest possible date. If a major change becomes necessary we will inform you as soon as is reasonably possible if there is time before your departure. A major change is one that we make to your holiday arrangements before departure that involves changing your resort area, or time of departure or return by more than twelve hours, or offering accommodation with a lower official classification than that advertised (except the latter in the case of en route tour hotels). When a major change occurs, provided it does not arise from circumstances amounting to force majeure (see below), you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us, or cancelling your holiday. In all cases we will pay compensation as detailed below: 15 - 28 days £10 0 - 14 days £25 IMPORTANT NOTE : Compensation payments do not apply to changes caused by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disasters, fire, technical problems to transport, closure or congestion of ports, adverse weather conditions, cancellation or changes by carriers, or events and circumstances beyond our control, amounting to 'force majeure' and/or Acts of God.
4. OUR CANCELLATIONS: We reserve the right in any circumstances (including failure to reach sufficient numbers) to cancel your holiday and in this event we will return to you all money you have paid to us or will offer you an alternative, available holiday to purchase of comparable standard. In no case, except for reasons of war etc, (see Important Note above) will your holiday be cancelled after the date when your final balance becomes due.
5. OUR COMPLAINTS PROCEDURE: We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot agree, disputes arising out of, or in connection with this Contract may (if the customer so wishes) be referred to arbitration under a special Scheme which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The Scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Redress under this Scheme requires written notice requesting arbitration to be made within nine months of scheduled date of return from the holiday.
6. OUR RESPONSIBILITY FOR YOUR HOLIDAY:
(a) Although we have no direct control over services provided to you by independent suppliers we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday.
(b) We accept responsibility if you or any person named on the booking form suffers bodily injury, illness or death due to the negligent acts and/or omissions of: (i) our employees or agents; or (ii) our suppliers or sub-contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us save that we do not accept responsibility for any air or sea carriers whose liabilities are limited by the relevant International Conventions. Provided that any such claims will be subject to and dealt within accordance with English Law and will be subject to the exclusive jurisdiction of the English courts.
(c) We shall give you assistance in the event that you suffer illness, personal injury or death during the period of your holiday overseas arising out of an activity which does not form part either of the holiday arrangement with us or an excursion offered through us. This assistance will include advice and guidance and, at our discretion and where appropriate, financial assistance subject to our spending a maximum amount in this regard on behalf of yourself and any other person named in the booking form of £5,000 in total.
(d) In the event of a claim under this clause six against us by you or any person named on the booking form we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights under this clause six and we will be subrogated to those rights and you hereby agree to assist us fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated.
(e) We take the safety and security of our clients extremely seriously. If a Foreign Office advises that people should not visit a particular country, then we would act on this. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly crimes against both people and their property are a fact of life the world over, and when in a foreign county it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc.Travellers have the same responsibility for their personal safety and that of their possessions, as they do at home. As situations in countries can change rapidly, we would suggest you may wish to contact the Foreign Office Travel Advice unit on 020 7270 4129 for up to date information and advice regarding safety
BEFORE BOOKING YOUR HOLIDAY. Newmarket Air Holidays operate to many parts of the world, some of which do not conform to British health and safety standards. We request that all our hotels comply with the local regulations applicable in their country for health and safety but we cannot guarantee that these meet British standards.
7. TRAVEL INSURANCE: Because of the importance of having adequate insurance cover we make it a condition of booking on all overseas holidays that you are covered by an insurance policy. If you elect not to take our insurance, you agree to indemnify Newmarket Air Holidays for any costs that arise which would otherwise have been met had Newmarket Air Holidays insurance been taken. Should you fail to supply us with the name of your insurance company at the time of booking, our insurance premium will automatically be added to your invoice.
8. FINANCIAL PROTECTION & REPATRIATION: The air holidays and flights in this brochure are ATOL Protected, since we hold an Air Travel Organiser's License granted by the Civil Aviation Authority. Our ATOL number is ATOL 2325. In the unlikely event of our insolvency, the CAA will ensure that your 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
IMPORTANT INFORMATION
Over the years, the Newmarket Group has established a reputation for taking great care to ensure your holiday is as pleasant and enjoyable as possible The information be-low is to help you to plan and prepare in order to get the maximum enjoyment from your holiday. We pride ourselves on operating a very strict code of conduct. We take our obligations seriously and you should do the same. We recommend that you read the Important Information and Booking Conditions thoroughly before making your booking; this may help to avoid any misunderstanding later.
THE BOOKING FORM: The importance of clear, correct information on the Booking Form is essential, for it is from this information that we make your res-ervation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent, should be entered as the first name. It is also their address and telephone number(s) that should be shown and it must be they who sign this form. Other names are required by airlines, insurance companies, hoteliers etc., so please be accurate. For foreign holidays it is essential that these names match those on the passports. If any member of your party e.g. newly weds, changes their name between booking this holiday and travelling, it is important to put the details on the Booking Form so that we can issue the tickets in the new name. If there is not time to amend the passport the marriage certificate should be carried in the passport We need to know the number of children under 2, and those between the ages of 2 and 16 who may qualify for a 10% discount if they are sharing a room with 2 adults where a specific child price is not shown. We do not accept bookings from any unaccompanied passengers under the age of 18.
DELAYS: Occasionally flights and coaches may be delayed due to circumstances beyond our control. In such cases we will do our utmost to help you and keep you fully informed. In the event of extended overnight delays, depending upon circumstances, we will endeavour to provide accommodation. In the case of a major delay to your homeward journey, we shall endeavour to delay the departure from your hotel.
FLIGHT INFORMATION: All prices in this brochure are based on air travel in economy class. We reserve the right to substitute an alternative airline or aircraft type if required to do so for reasons beyond our control. The aircraft used on our tours will include Boeing 737, 747, 767, 777; Airbus A320, A300; DC-10, MD-11, MD-80, or any other aircraft types at the discretion of the relevant airlines. Please note that the flight times shown, although correct at the time of printing, are for guidance only, and may vary as a result of any subsequent adjustment to airline flight schedules. Due to the nature of today's airline industry, flight delays and changes to flight timings do occur more often now that they used to, so please bear this in mind when planning your holiday arrangements. Final timings will be advised with your travel documentation.
SPECIAL REQUESTS: There are of course only a limited number of fronts seats on coaches, low floor rooms in hotels etc. We cannot guarantee to meet all requests but will do our best to oblige.
FITNESS TO TRAVEL: We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as wheelchairs with you. Please make sure you send in full details with your booking form.These will be acknowledged on your Confirmation of Booking. If you have suffered from a serious medical conditions recently, then you should consult with your doctor about your fitness to travel.
MINIMUM NUMBERS: Please note that this holiday can only be operated subject to a sufficient number of passengers booking the holiday. Should we have to cancel a tour because this number has not been reached, we will inform you in writing by the balance due date, and of course refund all monies paid.
ACCOMMODATION: Unless otherwise stated the price of the holiday applies to each of 2 people sharing a room. The majority of rooms are twin-bedded. Double beds can be requested but not guaranteed. Most hotels have single rooms, and a supplement is usually charged. The third and fourth bed in triple and four bedded rooms is usually only suitable for children. It is standard practice for rooms to be vacated by 12 noon. Where your departure is later, it may be possible to keep the room longer - your tour manager will give you assistance and advice of any extra charge that would be made. Should you have any special requests such as adjoining rooms, high or low floor, make your request on your Booking Form. The hotel cannot guarantee to meet all requests but will at all times do their best to oblige. Please note that at the beginning and at the end of the summer season, certain facilities advertised at the hotels may not be available. Items such as outdoor swimming pools are subject to weather conditions and it will be the decision of each individual hotelier as to when these facilities are available. Breakfast is included on most holidays - details are in the brochure. Continental style invariably means rolls/croissants, jam, tea or coffee. If you have any special dietary needs, please let us know at the time of booking. Not all hotel rooms, especially in overseas hotels, have tea/coffee making facilities - seasoned travellers take mini water heaters with them.
ITINERARY: You will receive your final itinerary and hotel information at the latest seven days prior to departure.
TRAVEL INSURANCE: Adequate insurance cover is a condition of booking on all our foreign holidays and we strongly recommend that you take out travel insurance on all our U.K. holidays. Our own comprehensive policy, unless advised otherwise, is offered through Mondial Assistance.
The policy, a copy of which will be sent to you with your Confirmation of Reservation, broadly covers you for the following: Personal Accident - up to £15,000; Medical & Repatriation Expenses - up to £5 million (less £50.00 excess); Cancellation Charges - up to the cost of the holiday (less £50.00 excess); Delay Cover - up to £60.00 per journey; Cancellation - up to the cost of the holiday less £50.00 excess; Personal Baggage - £1000 (£250 single article limit) less £50 excess; Personal Money - up to £250.00 less £50.00 excess; Personal Liability - up to £1million; Legal Expenses - up to £10,000
Principal exclusions - as with any insurance policy, cover is not valid in certain circumstances. This is especially true in respect of preexisting medical conditions (apart from minor ailments) for which you are receiving prescribed regular medication at the time of taking out the insurance, any condition for which you have received treatment in the last 12 months, or for which you are being referred or further tests or investigations. Should you be in any doubt as the validity of the cover, please call the confidential medical Helpline on 0845 050 9444. You will not be covered should you have a terminal illness, travel against doctor's advice, travel to obtain medical treatment, travel while pregnant if birth is expected within 8 weeks of arriving home (16 weeks if travelling outside the EU), or engage in dangerous sports. Other general exclusions include war or invasion, and illegal or malicious actions by yourself. You must be a UK resident.
Excess waiver - you can avoid excess charges being deducted from your claim by taking out the 'Excess Waiver Insurance' (see Booking Form). This is certainly something we would encourage you to do, since any successful claims would then be paid in full.
HOLIDAY EXTRAS NOT BOOKED WITH NEWMARKET: We cannot be held responsible for compensation in respect of any extras which are booked (eg travel insurance, currency, Theatre tickets) with a third party, if we subsequently cancel your holiday for whatever reason. If you book your travel insurance with us, you would receive a full refund in this circumstance.
