Neilson Booking Conditions

Section A: Bookings and payment

A.1: Formation of contract

A contract will only come into existence between you and us when we issue a confirmation invoice/receipt/e-mail and the relevant ATOL Certificate. Prior to doing so, we or your Travel Agent may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.

Some travel and accommodation arrangements are only available on a request basis.  Where this is the case you will be advised at the time you make your enquiry and details of the arrangements “on request” will be shown on any provisional documentation we issue. Any arrangements that we advise you are “on request” are not confirmed or guaranteed and are also subject to change (including price) until we receive confirmation from our supplier and are able to issue the relevant confirmation invoice/receipt/e-mail and the relevant ATOL Certificate.

Please check any confirmation invoice/receipt/e-mail and ATOL Certificate together with all other documents we or your travel agent send you as soon as you receive them. Contact us or your travel agent immediately if any information which appears on any documentation appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).  Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.

If you are booking on the internet or over the phone the lead name on the booking must be a minimum age of 18. If you are under 18 and travelling without an adult we will only allow you to book at a high street travel agent provided your parent/legal guardian is present and subject to you satisfying our suppliers’ conditions of travel. The parent/guardian will be required to sign the booking form in front of the travel agent and, when we issue a confirmation invoice/receipt/e-mail and the relevant ATOL Certificate, a contract will then exist between the parent/legal guardian and us.

The lead name is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information in the relevant brochure and on our websites (as applicable).

A.2: Payment terms

When you book your holiday you will be advised, at the time of booking, what payment is required for your particular arrangements and you agree to pay us:
 

A.2.1    a deposit at the time of booking followed by the remaining balance when due. You will be advised of the current deposit payable at the time of booking. The remaining balance for the holiday is due by the date specified on your confirmation invoice and this will usually be 12 weeks before your travel date, depending on the type of holiday booked;

A.2.2    the full cost of the holiday if it is 12 weeks or less before you depart (or such other period as may be advised at the time of booking);

A.2.3    such other deposit or security payments as may be required by the supplier of the services for the arrangements in question and which are required at the time of booking;

If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.

The balance of the cost of your holiday must be paid by the date specified on your confirmation invoice or, if you have booked through a Travel Agent, please ensure payment reaches the Agent by the date they have advised.

Please note that we may cancel your holiday if you do not make your final payment on or before the due date. If we do this we will keep your deposit. Whilst we are not obliged to do so, if we agree to extend the period for you to pay the final payment and you still fail to pay or cancel your booking, we will regard the contract between us as having been cancelled by you and impose cancellation charges on you in accordance with Section C.5 ‘Cancellation by you’ as though the holiday had been cancelled by you on the revised date for payment of the balance due.

If you book through one of our authorised travel agents, they will hold all the money you pay for your holiday on our behalf.

A.3:     Payment of deposit by instalments

From time to time and in certain circumstances, we may offer customers the opportunity to spread the payment of a deposit by making an initial payment of part of the deposit upon booking (“Initial Deposit”) and paying the balance of the deposit (“Deposit Balance”) at a later date.  You will be advised, at the time of booking, whether or not this option is available to you and, if so, the date by which the Deposit Balance is payable.  Please note that, although we may allow payment of a deposit by way of separate payments, by making a booking, you accept that you are liable to pay both the "Initial Deposit" and the "Deposit Balance" even if you choose to cancel your booking (otherwise than under the provisions of Section C.1).  If you cancel your booking (otherwise than under the provisions of Section C.1) prior to payment of the Deposit Balance then, not only will we be entitled to retain the Initial Deposit already received but, in addition, the Deposit Balance will become immediately payable to us. 

We reserve the right to cancel your holiday if you fail to pay the Deposit Balance when due.  In such circumstances, whilst we shall have no further liability to you, you will immediately be liable for payment to us of the Deposit Balance.

A.4: Method of payment

Credit Cards: We accept payment by most forms of credit card. Customers choosing to use this method of payment will be subject to a credit card handling fee of which will be advised at the time of booking. There will be no handling fee for payment by credit or debit cards as of 13 January 2018. American Express cards may still be subject to a handling fee which will be advised at the time of booking.
 

Debit Cards: We accept payment by most forms of debit card. We will not charge a handling fee for payment by this method.

Prevention of Fraud: We will ask you to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied to us. To help combat fraudulent activity, we reserve the right to carry out random checks, including checks of the electoral roll and may request you to send to us proof of your address and a copy of the credit card and recent statement before issuing any tickets.

A.5: Price changes after booking

After your booking has been confirmed as accepted by us, there are limited circumstances in which the price of your holiday can increase or decrease. We promise that there will be no change to the price within 30 days of your scheduled UK departure date but we may levy a surcharge, at any time up to 30 days before the departure date, if, since your booking was accepted by us, there has been a significant change in the cost of providing your holiday that is outside of our control.  Such circumstances include, but are not limited to, exchange rate variations or changes to the cost of fuel, airport taxes or fees. We will absorb the first 2% of any necessary price increase, but if the increase in your holiday price (excluding any insurance premiums and amendment charges you have paid for) is more than 2%, we may require you to pay the amount that exceeds 2%.  The maximum surcharge that we charge you will never exceed 10% of your holiday price.  Should the cost to us of providing your holiday go down due to any of the circumstances mentioned above, resulting in your holiday price decreasing by more than 2%, then we will refund the amount of the decrease (to the extent that it exceeds 2%) up to a maximum of 10% of your original holiday price (excluding any insurance premiums and amendment charges you have paid for).  However, please note that travel arrangements are not always purchased in local currency and may be booked by us many months in advance of departure.  In the circumstances, some apparent changes may have no impact on the price of your travel due to contractual and other arrangements that will already be in place at the time of booking.

A.6.    Best price guarantee

In common with all other operators in the travel industry, we operate a dynamic pricing policy whereby the price for a particular holiday can vary on a daily basis according to demand and availability.  We guarantee that if the exact same package (departure date, flights, duration, rooms, passenger numbers) is advertised at a lower price on our website within 48hrs of booking your holiday, we will adjust the price of your booking to match that lower price. Please note that this guarantee does not apply where prices are found via travel agents or on other third party websites or offered in emails received from third parties or where prices are only available by using a voucher/other promotion not offered to the general public.  In order to take advantage of this guarantee and adjust your booking accordingly you must send us an e-mail to admin@neilson.com within 96 hours of making your booking.

Section B: Your financial protection

B.1:     Flight - inclusive packages

The financial bonding requirements of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our packages that include a flight. Our ATOL number is 10794. The flight inclusive package holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL granted by the CAA. When you buy a flight inclusive package holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). Where you book with us via an agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

B.2:     Flight - exclusive packages

We are required by the Package Travel, Package Holidays and Package Tours Regulations 1992 to have in place full financial security for any packages that we sell that do not include flights. We are a member of ABTA (ABTA number Y6127) and provide this financial security by way of a bond with ABTA. If the holiday arrangements that you have booked with us do not include flights then, in the unlikely event of our insolvency, ABTA will financially protect your holiday arrangements.  Please go to www.abta.com for further details of ABTA’s scheme of Financial Protection.

Section C: Changes and cancellations

C.1:     Significant changes made by us before travel

From time to time we may have to change details of the holiday you have booked. If any change will have a significant effect on your holiday, we will tell you about it before you travel, if there is time.

Significant changes we will tell you about include but are not limited to:

C.1.1   a change of your UK departure point (excluding a change within London airports eg Gatwick to Heathrow which is considered a minor change);

C.1.2   a change of your beachclub destination or ski resort;

C.1.3   a change of more than 12 hours to the time you leave the UK or your destination;

C.1.4   if we downgrade your accommodation by one full Tour Operator rating (or to a lower official rating where no Tour Operator rating is used)

If you do not want to accept a significant change, which we tell you about before you depart, we will, if we are able to do so, offer you an alternative holiday of equivalent or closely similar standard.  The cost of any alternative holiday offered will be our selling system price at the time of the change. If the alternative is cheaper, we will refund you the difference. If the alternative is more expensive, you have the option to pay the difference.  If you do not wish to take the alternative we offer you, you can choose to cancel your holiday and receive a full refund of any money you have paid to us. 

We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Unless the change is as a result of circumstances beyond our control as detailed in Section D.1 headed ’Circumstances beyond our control’, we will pay you compensation as shown in the table below. If you accept the significant change or amend to a different holiday offered for sale by us you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.

Independent travel arrangements (eg. internal flights, airport parking etc. that you may arrange separately) do not form part of our contract with you. Should we need to make any changes to your holiday, we will not be liable for any amendment or cancellation charges incurred by you in respect of any such independent travel arrangements.

Compensation payments relating to a child place for which you have paid a child price are half the amounts shown below (up to half the child price paid). There are no compensation payments payable to those travelling on ‘free child places’, ‘free group places’ or infants.

C.2:     Minor changes made by us before travel

Any change which is not deemed to be significant, as outlined in the Section C.1 above entitled “Changes made by us before travel”, will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of this change.

C.3:     Changes made by us after travel

If, after your departure, a significant part of your holiday cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control as detailed in Section D.1 headed ’Circumstances beyond our control’. The amount of compensation will be reasonable, taking account of all the circumstances.

C.4:     Cancellation by us

We regret that some travel packages shown on our website or in our brochures can only be operated if there is sufficient demand for the same and a sufficient number of people book such travel packages.  If there is insufficient demand and subsequent confirmed bookings, we have the right to cancel the travel arrangements in question. If we have to do so, we promise we will tell you or your travel agent as soon as we possibly can. In this situation, you will then have the choice of the options shown in Section C.1 together with the option, if possible, of the same package departing on a different date. Where we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.

We can also cancel your holiday if you fail to make payments for your booking when due and in such circumstances we shall have no further liability to you.

In the unlikely event we need to cancel your holiday for any other reason we will tell you or your travel agent as soon as possible.  However we will not cancel your travel arrangements less than 30 days before departure unless it is for a reason outside our control  as detailed in Section D.1 headed ’Circumstances beyond our control’. If we have to cancel your holiday under this paragraph, you will then have the choice of the options shown in Section C.1 and receive compensation as set out in Section C.1.

C.5:     Changes you make before travel

If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of our suppliers.

For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.

The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.

The following tables set out the charges that we are entitled to receive for changes you make to bookings.  In addition we are entitled to charge you any fees that our suppliers may charge us for making any change.  All amendment charges must be paid by you prior to the amendment being finalised.:

*The maximum amendment fee we will charge for changes made by you in one request is £400 per booking. This does not include where cancellation charges are applied as shown.

Note 1: It is not possible to transfer your booking to a departure date more than 12 months after your original travel date without incurring cancellation charges and we can only transfer to a product or season that is currently on sale.

Note 2: You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain unless all such original members are prevented from travelling for reasons beyond their control and not simply from a change of mind.  In order to change all names on any booking you must provide us with full details of the reasons why no members on the original booking are able to travel for our consideration.  Unless otherwise agreed by us, if no members of the original booking remain, this will be treated as a cancellation and, as such, cancellation charges will be applied.  Name changes on day of departure, where permitted, will incur additional administration costs that may be significantly more than stated above. Name changes on flights may be treated as a cancellation and re-booking and you will be asked to pay any costs we incur from our suppliers together with the charge set out in the above table.

Please note that the majority of our flight and transfer providers do not typically allow changes to be made to tickets after bookings have been made.

Changes such as name changes (including initial changes), destination and date changes can be treated by our suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price. Also note that transport providers may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.

Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.

The table below details charges that we levy in the event that you wish to change any “Extra Services” that you have booked such as lift passes, equipment hire, excursions, private tuition or any other additional activities / services.

Changes you make to Extra Services

* No refunds are applicable on the items that are not used once in resort.

If you change any ‘Extras’ supplied by 3rd parties (e.g. airport parking or excursions) we will pass on any costs imposed by the provider of the service, which may be up to 100% of the cost of the extra service.

C.5:     Cancellation by you

If you wish to cancel your holiday, the lead name on the booking must give to your travel agent or to us directly, notice to cancel in writing.  Any notice addressed to us should be sent to the correspondence address as stated on the invoice. We will apply charges from the date we receive the instruction from you or your travel agent. For cancellations you make to your holiday the cancellation charges set out in the table below will apply.

If you do cancel, you must still pay any insurance premiums and administration or amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.

Our cancellation charges

Where any deposit is payable by instalments (see Section A.3), any references in the above table to “loss of deposit” shall mean loss of the Initial Deposit and the Deposit Balance (as defined in Section A.3) and, if the Deposit Balance has not been paid as at the date of cancellation, then the Deposit Balance shall be immediately payable and form part of the relevant cancellation charge.

If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.

If you cancel any “Extra Services”’ (whether booked at the time of booking the basic holiday or subsequently) we will pass on any costs imposed by the provider of the service. 

If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.

Section D: Limitations on our liability to you

D.1:     Circumstances beyond our control

Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your holiday before or after departure, or we, or our suppliers, cannot supply your holiday, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, 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 (actual or threatened), epidemic, terrorist activity or significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and any other building work being undertaken by any third party (such as resort development).

D.2:     Specific limitations on our liability

D.2.1   If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your holiday arrangements. However we will not be liable where any failure in the performance of the contract is due to:

(a)       your own actions or the actions of those in your party; or

(b)       a third party unconnected with the provision of the holiday (or any part of it) and where the failure is unforeseeable or unavoidable; or

(c)       unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d)       an event which we or our suppliers, even with all due care, could not foresee or forestall.

D.2.2   In addition to the provisions of Section D.2.1, our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your holiday. This maximum will only be payable when every aspect of your holiday has gone wrong and you have not received any benefit from your holiday.

D.2.3   Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the EU Regulation 261 / 2004 (the Denied Boarding Regulations 2004), then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the the Denied Boarding Regulations 2004. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.

D.2.4   Please note that we expect you to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation.

D.2.5   We are entitled to deduct from any compensation otherwise payable to you, any sums that you may be paid by any of our suppliers that relate to the same event or circumstances giving rise to any liability on our part.

D.2.6   Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of the holiday, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our  suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.

D.2.7   Our liability will also be limited in accordance with and/or in an identical manner to:

(a)       the contractual terms of the companies that provide the transportation and other services for your holiday which are incorporated into and form part of your contract with us; and

(b)       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 which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in such conventions.

D.2.8   Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are away are not part of the holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator and this applies even where a Neilson representative accompanies the tour or excursion.

D.2.9   The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with any relevant international convention as detailed in Section 2.7. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier’s conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for unusually high-value items which you should insure for the appropriate amount.

D.2.10 The provisions of this Section D.2 are in addition to any other limitation of liability contained in these terms and conditions.

D.2.11 Nothing in these terms and conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to Section G.5.

Section E: Your obligations

E.1:     Health and fitness precautions

Most of the activities included within our holidays require a certain degree of physical fitness  It is your responsibility to ensure that you have the levels of fitness required for any particular activity that you choose to take part in.  If you are in any doubt please consult your GP before departure.  We, and those retained by us to supervise any activities, have an absolute right at any time (even after an activity has commenced) to prevent you from undertaking any particular activity if we reasonably believe that you do not possess the necessary levels of fitness.  In such circumstances we shall not be liable for any losses or compensation arising.

You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which is likely to affect your ability to take part in some or all of the activities forming part of your holiday (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If in our reasonable opinion, any particular activity or arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall not be liable for any losses or compensation arising.

If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in Section C must be paid by the person concerned.

E.2:     Illness and accidents

Should you become ill or have an accident involving injury while on holiday, you must, in addition to reporting your illness or accident to our representative, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness or accident, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.

If you or any member of your party suffers during your holiday any difficulty through misadventure as a result of any activity which does not form part of your holiday arrangements, we will, where possible, offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance without delay. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain damages from any third party in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.

E.3:     Acceptance of risk

As with all sporting activities, the nature of the holidays we provide and activities you may choose to participate in, involve a degree of personal risk. You recognise that many activities, such as biking, sailing, diving, and water skiing are activities with a danger of personal injury or death. Due to rough terrain and uneven surfaces on land and the dangers associated with the sea and seabed, the natural environment can, at times, be hazardous. By entering a contract with us, you accept these risks and you must take responsibility for your own actions. Although, we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will look to minimize these risks, your booking is accepted by us on the basis that you understand and accept the risks involved in physical activities. If at any time you or a member of your party feels uncomfortable or unprepared to take part in or carry on with an activity during your holiday, an instructor should be advised immediately. You are under no obligation to take part in or complete activities that form part of their holiday booking.

E.4:     Insurance

It is a condition of our contract with you that you have suitable insurance cover for the holiday you have booked (including all activities forming part of it or which you expect to take part in whilst away). If you are in doubt as to the nature of insurance that you should obtain please contact us for guidance. We've partnered with a travel insurance specialist who can provide a range of cover for all activities available on our holidays. Visit our holiday extras page to find out more.

E.5:     Documentation

You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us or your travel agent well in advance of travel commencing. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree and are able to do so, any charges incurred as a result of this will be payable by you.

Please note that airlines that provide the flight element of the holidays we sell may impose fines and costs on us if any passengers who have booked with us do not have the necessary travel or other documents for the countries they are visiting or passing through, even where this occurs through no fault of ours. In this situation we have no choice but to pass on to you all fines, costs, surcharges, financial penalties and other sums of any description which are imposed on or incurred by us. You will be responsible for reimbursing us accordingly in full.

E.6:     Special requests

If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your travel agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your travel arrangements, it must be specifically agreed with us in writing before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on any confirmation invoice/receipt/e-mail or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.

E.7:     Behaviour

We want all our customers to have an enjoyable, carefree holiday but you must remember that you, and all members of your party, are responsible for your actions and the effect they may have on others. If we, or another person in authority, reasonably believe:
 

(a)       your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or

(b)       you are unfit to travel;

then we may end your holiday and terminate our contract with you and all members of your party. You and all members of your party may be prevented from using your booked accommodation, transport, and any other services and activities forming part of your booking.  In such circumstances we will not be liable for any refund, compensation or any other costs you or any member of your party may have to pay. Alternatively, and in our absolute discretion, you may be permitted to continue with your holiday but may have additional terms of carriage or restrictions imposed upon you.

In addition to the above and the effect your actions may have on others, you must take responsible for your own safety and those around you and for maintaining the condition of the property you occupy. To the extent that the law permits, we are not responsible for any accidents which occur in or around swimming pools or other similar facilities due to your inappropriate or irresponsible behaviour or for any accidents which occur anywhere on properties arising from such behaviour.

We appreciate that you may well drink alcohol as part of your enjoyment. You must, however, do so responsibly and, to the extent that the law allows, we will have no liability (or our liability will be limited) to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol.

We will hold you and the members of your travelling party jointly and individually liable for any deliberate or reckless damage to the accommodation, furniture, facilities or equipment located within your accommodation or used as part of any activities, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately.

If your behaviour or the behaviour of any members of your travelling party causes any transport aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. We cannot accept liability for the behaviour of others in your accommodation or flight, or for any facilities/services withdrawn as a result of their action.

E.8:     Local tourist taxes

Please note that the price of your holiday does not include any local tourist taxes that may be payable from time to time to any local or governmental authority (whether in respect of your particular accommodation or otherwise).  Such taxes must be paid by you to the relevant authority or accommodation supplier (as applicable).  Please contact us if you need full details of any local taxes that are likely to be payable in respect of your particular destination.

Section F: Flights

F.1:     Flight delays

Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the relevant airline. If you have taken out our recommended travel insurance or a comparable policy you may have cover against delays.

F.2:     Ticketing

Your tickets in the form of an e-ticket and any other documents relating to your booking will be sent to the e-mail address which you give us at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your e-tickets to you at least 2 weeks prior to departure. It is important that you check all details of your travel documents before leaving the UK. If there are any inaccuracies or you have any other query please contact us immediately.

F.3:     Flight and other travel timings

Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.

Section G: Miscellaneous

G.1:     Complaints and ABTA

If you are not satisfied with any aspect of your travel arrangements, please inform your holiday representative, the hotel management or customer relations desk as soon as possible. If they cannot help, you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to resolve the issue. If you are still not satisfied please write to the address below within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. The address to send complaints to is Customer Services, Locksview, Brighton Marina, Brighton, BN2 5HA. To speak to us personally please call 0333 014 3614.  Alternatively you can e-mail us using the relevant address below: customerservices@neilson.com

Failure to follow the above procedures and/or failure to inform us within 28 days of your return of any complaint may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier.

We are a member of ABTA, membership number Y6127. We are obliged to maintain a high standard of service by ABTA’s Code of Conduct. We certainly hope that we can settle any complaints amicably. However, should this prove not to be the case you may refer any dispute to arbitration through ABTA’s arbitration scheme. 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 is subject to certain financial limits on the amount that can be claimed as determined from time to time by ABTA. Please note that the scheme does not 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 as set from time to time by ABTA on the amount the arbitrator can award per person, in respect of this element.

Any application for arbitration through ABTA, together with any related statement of claim, must be received by ABTA within eighteen months of the date of return. Outside this time limit arbitration under the scheme may still be available if we agree, 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 are available on request or from www.abta.com.

G2:      Information and prices

We publish brochure and website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system or website so you will receive the latest information when you make your booking.

Descriptions of accommodation, facilities, services and itineraries we provide are based on information obtained from our suppliers. Sometimes the facilities described, such as air conditioning, swimming pools or equipment for activities (for example, a particular dinghy, bike or windsurfer), will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities, for example, scuba diving, watersports or golf, where not directly provided by us, or facilities such as restaurants, may not be available at all times and are normally managed by independent local operators. We have no control over their availability or prices. Outside the peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Some activities or facilities may not be available all year round. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.

G3:      Data protection

By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from Neilson Active Holidays and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: Customer Services, Neilson Active Holidays, Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.

G.4      Conditions of carriage

When you travel by air, rail or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention the Berne Convention or Athens convention. You agree that the transport company’s own conditions of carriage will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with us as well as the transport company. You can ask us to provide you with a copy of any of the conditions applicable to your journey. These may limit or exclude liability, especially in respect of lost or delayed baggage.

G.5:     Law and jurisdiction

We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be dealt with under the ABTA Arbitration Scheme or brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.