DEAD GREAT TOURS'
                                       
Booking conditions

Booking Conditions
These Booking Conditions apply to any booking that you make with us, so you should read them carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these booking conditions will not be affected and will remain valid and enforceable. If there is anything you do not understand please contact us before booking.

YOUR CONTRACT IS WITH Murray Rogers Travel Limited T/A Dead Great Tours, a member of ABTA.

1. Your Holiday Contract

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.  A contract will exist as soon as we issue our confirmation invoice *.  This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.

[If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel]***.

2. Your Financial Protection

We are a member of ABTA, [Holding ATOL No 6856 issued by the Civil Aviation Authority,] which provide for your protection in the event of our insolvency.
3. Your Holiday Price

When you make your booking you must pay a deposit of £ 250.00 per person.  The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date.  If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements.  If the balance is not paid in time we shall retain your deposit. 
   
The price of your travel arrangements was calculated using exchange rates quoted in the "Financial Times Guide to World Currencies" on 27th May 2005 in relation to the following currencies: US Dollars

The price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser].  Also [government action such as changes in VAT or any other government imposed changes] and [currency changes in relation to an exchange rate variation].

In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents' commission.  If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.  Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 6 below, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below.   


Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.                                                                                                                                                                                                                                                           

4. If You Change Your Booking


If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel
agent.  You will be asked to pay an administration charge of £ 50.00, and any further cost we incur in making this alteration.  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.

Note:  Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.


5. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time.  Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements and the risk that we may be unable to resell your holiday, we charge a cancellation fee on the scale shown below. The amount payable (by whoever confirmed the booking) depends on when we receive your written instructions--the more notice you give, the less we charge.

Period before scheduled departure
within which written instructions
to cancel your holiday are received
by
DEAD GREAT TOURS :

56 days or more
29-55 days
22-28 days
15-21 days
  0-14 days                                                           

Amount of cancellation charge
(shown as a % of total holiday price excluding
insurance premium, amendment fees and any non-refundable supplements or deposits):

Loss of deposit
50%, or deposit if greater
70%, or deposit if greater
80%, or deposit if greater
100%

6. If We Change or Cancel Your Holiday

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance.  Occasionally, we may have to make changes and we reserve the right to do so at any time.  Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date.  We also reserve the right in any circumstances to cancel your travel arrangements.  For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it.  However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance.  If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).  If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

Please note that carriers such as Airlines used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.

If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure.  You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid.  In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

Period before scheduled departure within which a major change is notified to you: 

More than 56 days
43-56 days
29-42 days
15-28 days
  8-14 days
  0- 7 days


Compensation
per person:

Nil
£ 10.00
£ 20.00
£ 30.00
£ 40.00
£ 50.00

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Force Majeure:
    This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.

7. If You Have A Complaint

If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right.  If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Franklands Manor, Ferring Lane, Ferring, West Sussex, BN12 6QS giving your booking reference and all other relevant information.  Please keep your letter concise and to the point.  This will assist us to quickly identify your concerns and speed up our response to you.

It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form
whilst in resort.

If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.

8. What Happens To Complaints

Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators.

The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com).

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 in respect of physical injury or illness or their consequences.   The Scheme can however deal with compensation claims which include an element of minor injury or illness 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 Chartered Institute of Arbitrators 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 your tour operator 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.

9. Our Liability to You

(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this brochure.  If any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.  Subject to paragraphs (ii) and (iii) below our liability in all cases shall be limited to a maximum of [......] times the cost of your travel arrangements.

(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements.  We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law or the law you have chosen under clause 1 above and subject to clause (iii) below.




(iii) The amount of compensation to which you are entitled will be limited in accordance with and/or
in an identical manner to

  1. The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
  2. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. 

You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices (Address & Telephone).

(iv) 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 is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. 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



10. Personal Injury Unconnected With Your Booked Travel Arrangements

If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance.  Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings.  Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves.  We limit the cost of our assistance to you or any member of your party to £5,000.

11. Passport, Visa and Immigration Requirements

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.


This brochure is our responsibility, as your tour operator.   It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.  Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its
return flight.