| Holiday
Booking Conditions |
This section sets out clearly and simply the
responsibilities which we at Simonds of Botesdale Ltd
have to you. It also explains the responsibilities which
you in turn have to us when you make a contract with
Simonds of Botesdale Ltd.
The contract is made in accordance with the conditions
described in this section. The contract is made when you
send a deposit for your holiday on behalf of yourself
and any others in your party, and we accept it by
written confirmation. It is therefore important that you
have read and understood those conditions before making
your booking.
Once booked, you are obliged to pay the price of the
holiday and you remain liable should you wish to alter
or cancel the holiday. Our specification of the holiday
and our terms are clearly stated in this brochure. Any
other subsidiary companies of Simonds of Botesdale Ltd
involved in the booking or management of your holiday
shall be deemed to act as our agents. This Fair Trading
Agreement applies to all holidays sold from this
brochure.
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Your Contract with Simonds |
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YOUR CONTRACT WITH SIMONDS OF BOTESDALE LTD
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1. You pay a Deposit |
When you make your booking you must complete a booking
form accepting our terms and conditions on behalf of all
your party and pay a deposit of
a) £50.00 per person on all United Kingdom Coach
Holidays
b) £65.00 per person on all Ireland, Jersey and
Continental Holidays
c) £200.00 per
person on New England, cruise and Oberammergau Holidays
If you make your booking by telephone and pay your
deposit and do not complete and sign a booking form, it
will be deemed that you have read and understood the
terms and conditions of booking as laid out in the Fair
Trading Agreement.
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2. You pay the Balance |
| The balance of the
cost must be paid via the office at which you made your
booking at least six weeks before your holiday for coach
tours and eight weeks for air and cruise holidays. If
you book within six or eight weeks of departure, you
must pay the full cost at the time of booking. We
reserve the right to cancel your holiday, retain your
deposit, and apply cancellation charges set out in
Paragraph 4, if (a)you cancel your holiday (b) you do
not pay in time. |
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3. If you change your Booking |
If, after our confirmation has been issued, you wish to
change to another of our 2009 Holidays or change
departure dates, we will do our utmost to help. You must
write to tell us before the balance of the total holiday
cost falls due, enclosing £20.00 per booking to cover
administration costs.
Any change requested within six weeks of departure will
be treated as a cancellation and will be subject to the
cancellation charges set out below.
Minor alterations within six weeks of departure, for
example the change of a pick-up point, must be requested
in writing to Simonds of Botesdale Ltd at their Diss
office and accompanied by a payment of £20.00 to cover
administration costs.
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4. If you cancel your Holiday |
You or any member of your party may cancel your holiday
at any time. Cancellations are only processed when
received in writing and are effective from the date we
receive them. Cancellations of any member of the party
must be notified by the person who made the original
booking. Should the person who made the original booking
be unable to deal with a cancellation or other aspect of
the booking a letter of authorisation should be sent to
us. Cancellation charges will be applied.
Period before departure within Amount of cancellation
charge shown as which written cancellation is received %
of holiday price
Coach
Holidays
Air Holidays
More than 42 days
Deposit only
Deposit only
42-28 days before departure
30%
50%
27-15 days before departure
45%
70%
14-8 days before departure
60%
90%
7 days or less before departure
100%
100%
Note: The reason for your cancellation may be
covered under the terms of a travel insurance policy, in
which case you may be able to reclaim these charges. |
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5. If you have a Complaint |
If you have a complaint during your holiday you MUST at
the first opportunity inform our driver/tour guide and
hotel reception if applicable, who will do their utmost
to resolve the problem immediately.
If the matter cannot be put right on the spot you must
complete a complaint form with your driver/tour guide.
On return from your holiday you must notify us within 28
days in writing detailing your complaint, to Simonds of
Botesdale Ltd, Roswald House, Oak Drive, Diss, IP22 4GX,
quoting your booking reference, holiday destination and
departure date. Failure to follow this procedure may
affect the outcome of your complaint.
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6. Statutory Authorities |
| This brochure is
issued subject to applicable Acts of Parliament and
Government Regulations and the Company reserves the
right to modify itineraries to conform with requests
from the competent authorities in the United Kingdom and
any other sovereign state through which the tours run. |
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7. Conditions of Carriage |
When you travel on an aircraft, train or ship, the
conditions of carriage of that carrier apply and are
subject to National and International conditions which
may limit or exclude liability. The Company may at its
discretion for reasons of access, expediency, capacity,
emergency or bad weather vary the selection of ferries
or tunnels to ensure that it can deliver its customers
to their intended destination/itinerary. Your contract
made under the terms of this Fair Trading Agreement is
subject to English Law and jurisdiction. Some coach
journeys may be operated by vehicles other than those
owned by Simonds of Botesdale Ltd and the specification
may be different to those detailed in this brochure. The
Public Service Vehicle (Conduct of Conductors and
Passengers) Regulations as amended in 1990 apply to all
coaches throughout any UK holiday.
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8. Other Terms |
Pets or animals are not permitted on any Simonds
holidays. Guide dogs may be considered but must be
agreed in writing by the Company.
Simonds of Botesdale Ltd reserves the unconditional
right to refuse a booking or terminate a client’s
holiday in the event of unreasonable conduct which in
Simonds of Botesdale Ltd’s opinion is likely to cause
damage, distress, danger or annoyance to other clients,
employees, property or to any third party. If you are
prevented from travelling or continuing your holiday by
such a termination, Simonds of Botesdale Ltd’s
responsibility for your holiday ceases thereupon. Full
cancellation charges will apply and Simonds of Botesdale
Ltd will be under no obligation for any refund,
compensation or loss which you may incur.
You are responsible for ensuring that you are at the
correct departure point at the correct time. We cannot
be liable for any loss or expense resulting from late
arrival at any departure point. Excursions are included
in the price of most holidays and refunds cannot be made
for passengers not wishing to go on these excursions.
Admission fees to buildings, grounds etc. are not
included in the price of the holiday unless otherwise
stated in the brochure.
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9. Holiday Insurance |
| It is a condition of
your contract with Simonds of Botesdale Ltd that you
must take out insurance to cover you in the event of
illness, personal injury or death during the course of
any holiday contained within this brochure that takes
you off the UK mainland.We also advise you to take
insurance cover for mainland UK holidays. |
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10. Passport |
For all holidays that take you outside the British Isles
and Eire you will require a full 10-year passport.
In most cases your passport must be valid for six months
from your return date home. For internal flights within
the UK, photographic identification is required.
If you have any doubts about your status as a resident
British Subject or you do not hold a full British
passport, you must check with the Embassies or
Consulates of the countries to be visited to confirm the
passport or visa requirements needed in your particular
circumstances. We advise that you allow at least 4 weeks
to obtain your passport.
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11. Health |
In the unlikely event that any country you will be
visiting requires visitors to have vaccinations, we will
advise you. If at all concerned about your health,
please check with your doctor before booking your
holiday. Form E111, which you should get from a main
Post Office will entitle you to certain free health care
within the European Union at local hospitals.
Best Practice Checklist – Deep Vein Thrombosis
a) ever had DVT or pulmonary embolism
b) a family history of clotting conditions;
c) an inherited tendency to clot;
d) cancer, or treatment for cancer in the past;
e) undergone major surgery in the last 3 months;
f) had hip or knee replacement within the last 3 months;
g) ever suffered from a stroke, heart or lung disease
We recommend that all passengers purchase adequate
travel insurance. Simonds Coach & Travel will be pleased
to assist.
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12. Carriage of Wheelchairs |
| Our Company policy is
to assist with the handling of wheelchairs for those who
are disabled as far as possible, but we can only
guarantee to carry lightweight foldable wheelchairs.
Electric wheelchairs and scooters may be considered
providing they are lightweight and collapsible. Any
passengers wishing to take wheelchairs should advise us
prior to booking to check the suitability of the
holiday. Passengers taking wheelchairs must be able to
assemble/disassemble their own wheelchair or be
travelling with someone who can do this for them. |
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13. Collection |
| Please be at your
collection point on time. Should you be more than 10
minutes late the vehicle may leave without you. Should
this be the case it is your responsibility to make your
own way to the hotel or a convenient point to re-join
the coach. |
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1. We reserve your Holiday |
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When we have provisionally confirmed that we have
available space on the holiday of your choice a
confirmation/invoice will be forwarded to you, normally
within 14 days of receipt of your deposit. The contract
is made between us when you receive this confirmation.
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2. Your holiday Price |
UK holidays – The price of your holiday is guaranteed
and will not be subject to any surcharges except for
those resulting from fuel, government action (including
additional bonding or licensing requirements) and VAT.
In all cases we reserve the right to pass these amounts
on in full. In the event of our designated hotel rooming
allocation being fully booked, we reserve the right to
pass on any increase in price or surcharge imposed for
obtaining additional rooming or for passengers using
twin/double rooms for sole occupancy.
Holiday prices include all coach travel, hotel
accommodation and meals as specified in the holiday
description and VAT at the current rate where
applicable. Morning coffee, afternoon tea and other
refreshments are not included. Some hotels may make a
small additional charge for tea or coffee served after
lunch and dinner. Gratuities to the hotel staff and
driver/tour guide are discretionary.
Non-Mainland UK Holidays – Price Guarantee. The price of
your holiday is subject to surcharges on the following
items: government action, VAT, currency, fuel. Even in
this case we will absorb an amount equivalent to 2% of
the holiday price which excludes insurance premiums and
any amendment charges. Only amounts in excess of 2% will
be surcharged. Where a surcharge is payable there will
be an administration charge of £2.00 together with an
amount to cover agents commission.
If the surcharge is more than 10% of the holiday price
you may cancel your holiday with a full refund of all
money paid, less any premium paid to us for holiday
insurance and amendment charges. You must exercise this
right within 14 days from the issue date printed on the
invoice. Surcharges will not be imposed within 30 days
of departure.
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3. If we change your Holiday |
The holidays in this brochure are arranged many months
in advance and changes are sometimes unavoidable. Most
of these changes will be minor and the Company or its
representatives will notify you. However, where they are
significant we will notify you as soon as we can. A
significant change would be a new departure date, resort
area, or having to change to a main hotel of lower
quality (not single overnight hotels on touring
holidays), or a revised itinerary that omits any
promised destination, or a reduction in the
specification of the coach. In the event of a
significant change you may decide to:
a) Continue with the holiday as amended
b) Accept an alternative holiday which we may offer to
you
c) Cancel the booking
If you choose (a) or (b) we will pay you compensation on
the scale below. If you choose (c) we will refund all
money paid by you, plus compensation on the scale below.
No other claims for compensation or expenses will be
considered.
Compensation per person
More than 42 days £nil
29-42 days £10.00
15-28 days £15.00
8-14 days £20.00
0-7 days £25.00 |
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4. If we cancel your Holiday |
We need a minimum of 20 passengers to operate a tour. In
the unlikely event that we do not receive sufficient
bookings, we may have to cancel your holiday and return
your money or offer you a suitable alternative. However,
we will not cancel your holiday:
a) Immediately prior to the departure date unless you
have not paid for your holiday in full. If you
then cancel your holiday you will be entitled either to
a comparable holiday or a full refund
b) After the balance due date, unless we advise you in
writing that we will be holding the
decision to operate the tour until an advised date,
except as the result of hostilities, political
unrest or other circumstances amounting to a force
majeure (or other options as necessary).
If we have to cancel your holiday at any time, Simonds
of Botesdale Ltd is liable only for any money you may
have paid to Simonds of Botesdale Ltd at the time of
cancellation and for the compensation payments as
detailed in paragraph 3.
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5. What happens to Complaints |
| Our complaints policy
is outlined in section 5. Please understand that
investigating complaints can take time, especially if
they involve third parties. Complaints are rarely made
and usually settled quickly and amicably. |
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6. Our responsibility to You |
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We are responsible for ensuring that all component
parts of your holiday as described in this brochure are
supplied to a reasonable standard and this includes
optional excursions purchased through our employees or
agents. If any such part is not provided as advertised,
we will pay reasonable compensation unless the
non-provision was due to circumstances which we could
not influence or predict such as adverse weather, road
traffic conditions or the matters referred to in
paragraph 4(b) above.
a)
Please remember that some amenities (e.g. hotel lifts,
swimming pools etc.) require servicing and cleaning and
therefore may not be available at all times. Some
services may be affected by weather conditions and their
availability is entirely at the discretion of the
provider of the service. Entertainment (particularly
live entertainment) provided by hotels is frequently
subject to demand and its nature and/or frequency may be
varied.
b)
Some excursion itineraries include the use of ferries
and other forms of transport which can be affected by
inclement weather and may have to be cancelled or
rearranged. Where possible, suitable alternatives will
be offered.
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7. Personal Injury |
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(Whilst participating
in arrangements made by us)
Simonds of Botesdale
Ltd has taken all reasonable and proper steps to ensure
that proper arrangements have been made for all holidays
which are advertised in this brochure, including
optional excursions offered by our employees, and that
the suppliers of all the services are efficient, safe
and reputable and that they comply with the local and
national laws and regulations of the country in which
they provide those services.
Whilst we have no direct control over the provision of
services to you by suppliers, we will pay to our clients
the equivalent of such damages as they would be entitled
to receive under English Law in an English Court for any
personal injury to the client, including illness or
death, caused by the failure to perform or the improper
performance of such services by the servants of
ourselves or any of our suppliers contracted or
subcontracted by us to provide any part of the
arrangements for your holiday as described in this
brochure. This also applies where such failure or
improper performance is due to the fault of such person,
and not an event which such person could not have
foreseen or prevented, even if they had taken all due
care.
NOTE: We will make payments as stated above
provided:
a)
that claims for personal injury are notified to us
within 3 months of the return from holiday
b)
the injured client (s) assign to Simonds of Botesdale
Ltd any rights against a supplier or
other person or party they may have relating to the
claim
c)
they agree to co-operate fully with us should we or our
insurers wish to enforce those rights
which have been assigned to us or to which we are
subjugated and
d)
such payment is limited in the case of transport by
water or air to a maximum of such sums
as would be obtained under the provisions of the
appropriate international Conventions.
This assignment is necessary to enable us to try and
receive from suppliers any
compensation we have paid to clients (and associated
costs) arising from personal injury to
clients caused by the fault of those suppliers. If we
recover more than such compensation
and costs, an excess will be paid to the injured
clients.
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8. Personal Injury |
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(Unconnected with
arrangements made by us)
Where appropriate, and
subject to our reasonable discretion, we will afford
general assistance to clients who, through misadventure,
suffer illness, personal injury or death whilst
travelling on a Simonds of Botesdale Ltd holiday,
arising out of an activity which does not form part of
the advertised itinerary, nor part of an excursion
offered through the Company and which is the
responsibility of a third party. |
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9. Passenger protection Scheme |
| In accordance with
“The Package Travel Package Tours Regulations 1992” all
passengers booking with Simonds of Botesdale Ltd are
fully protected for the initial deposit and subsequently
the balance of all money paid to us, including
repatriation if required, arising from the cancellation
or curtailment of your travel arrangements due to the
insolvency of Simonds of Botesdale Ltd. Simonds are a
member of the Coach Holiday Bonded Scheme No. 1774, a
full copy of our trading agreement is available on
request. |
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10. Date Protection |
In order to process your booking we need to use the
information you provide, such as name, address and any
special needs/dietary requirements etc. We take full
responsibility for ensuring that proper security
arrangements are in place to protect your information.
We are obliged to pass the information on to the
relevant suppliers of your travel arrangements such as
airlines, transport companies and hotels etc. The
information may also be provided to security or
credit-checking companies, public authorities such as
customs/immigration if required by them, or as is
required by law. Also where your holiday is outside the
European Economic Area (EEA) controls on data protection
at your destination may not be as strong as the legal
requirements in this country. We will not, however, pass
any information on to any
person not responsible for your travel arrangements.
This applies to sensitive information you give us such
as details of your disabilities or dietary/religious
special needs. (If we cannot pass this information to
the relevant suppliers, whether in the EEA or not, we
cannot provide your booking. In making this booking you
consent to the information you supply being forwarded to
the relevant persons).
You are entitled to a copy of the information held by
us. If you would like to see this please contact The
Data Controller, Simonds Coach & Travel, Diss.
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Excursions Booking Conditions |
Vehicle
On most excursions an executive style of coach is used
however the Company reserves the right to use an
alternative or smaller vehicle. The Company may sub
contract a vehicle if required. Please note we have a no
smoking policy on all our vehicles.
Breakdown and Delays
The Company gives its advice on journey times in good
faith. However, as a result of breakdown or traffic
congestion or other events beyond the reasonable control
of the Company, journeys may take longer than planned
and in those circumstances, the Company will not be
liable for any loss or inconvenience suffered as a
result.
Personal Belongings
The Company accepts no responsibility for personal
belongings or luggage of any passenger on the excursion.
Please do not leave any luggage or personal belongings
unattended at any time.
Excursion Ticket
The Company reserves the right to refuse boarding of any
passenger who cannot produce their ticket for travel.
You are advised to carry your ticket at all times as it
gives emergency and contact numbers should they be
required.
Conduct of Passengers
The driver is responsible for the safety of the vehicle
and may at any time remove a passenger whose conduct or
behaviour to other passengers is deemed unacceptable. In
any such event the passenger will not be eligible for
any form of refund.
General
The Company reserves the right to cancel or amend an
excursion without prior notice. In the event of an
excursion being cancelled before departure all monies
paid will be refunded in full. Should the excursion be
cancelled after departure a percentage of the cost may
be refunded at the Company’s discretion. Once a
passenger has paid for their ticket no refunds are
available should a passenger cancel. It is recommended
for expensive excursions that passengers take
appropriate insurance. Any passenger taking a day
excursion outside the UK should ensure they have
appropriate medical/accident insurance for the day.
Pick-up Times
It is the passenger’s responsibility to ensure they are
at the correct pick-up point on time. Any passenger
failing to be at the correct place on time may miss
their excursion and shall not be entitled to any refund.
Passengers should always check with the driver if they
are unsure as to pick up time whilst on the excursion.
Failure to be at the designated pick-up point at the
allotted time may result in the coach leaving without
you. Should this happen you will be responsible for
making your own way home.
Complaints
Should you have any complaint regarding your excursion
you should in the first instance inform your driver who
will try to remedy the situation. If the driver is
unable to give a satisfactory response you must submit
your complaint in writing to the company within 14 days.
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