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Terms & Conditions
Nordic Experience Booking Conditions
1. When booking
When you make your booking you must complete a booking form, accepting on behalf of all your party the terms of these booking conditions, and pay the appropriate deposit. If booking through a Travel Agent all monies paid to that agent are held by them on our behalf at all times. A contract between us will exist when we issue our confirmation invoice, is governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times.
2. Paying your balance
The balance of the price of your tour must be paid at least ten weeks before your departure date. If the balance is not paid in time we reserve the right to cancel your tour, retain your deposit, and apply the cancellation charges set out in paragraph 4 below.
3. Amending your booking
If, after our confirmation has been issued, you wish to change to another of our tours or change the departure date, we will endeavour to make any such change, provided the request to do so is received in writing from the person who signed the booking form or from your Travel Agent at least ten weeks before departure. This must be accompanied by a payment of £25 to cover administration costs. Alterations cannot normally be made within ten weeks of departure and any such request for an alteration will be treated as a cancellation of the original booking and subject to the cancellation charges set out in paragraph 4 below. Please note that certain travel arrangements cannot be changed after a reservation has been made and any alteration will then incur a 100% cancellation charge and be treated as a new booking.
4. If you cancel your booking
You, or any member of your party, may cancel your tour at any time providing that the cancellation is made by the person signing the booking form and is received by us in writing. As this incurs administrative costs, we will retain your deposit and apply cancellation charges up to the maximum below:
PERIOD BEFORE DEPARTURE
WITHIN WHICH WRITTEN
RECEIVED BY US
AMOUNT OF CANCELLATION
CHARGE SHOWN AS A
MAXIMUM PERCENTAGE OF
THE TOUR PRICE
|More than 71 days||Deposit only|
|within 35 days||100%|
If you have a problem during your holiday, please inform the relevant supplier (e.g. hotelier, excursion operator, etc.) immediately, who will endeavour to put things right on our behalf. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us at 39 Crouch Street, Colchester CO3 3EN giving your booking reference and other relevant information to help us identify the problem(s) you encountered. It is strongly recommended you communicate any complaint to the supplier of the services in question and if possible keep a written account of having done so. 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 on tour and this may affect your rights under this contract.
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration under a special scheme which, though devised by arrangement with ABTA, is administered quite independently by IDRS part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be downloaded from the ABTA website.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 IDRS within nine months of the date of your return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
We reserve the right to alter the prices of any arrangement featured in our brochure or on our website. You will be advised of the current price of the arrangement that you wish to book before your contract is confirmed. Changes in transportation costs, including fuel costs, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked, but there will be no change within 30 days of your departure.
However we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission if applicable. If this means that you would have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another arrangement if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should the price of your arrangement decrease due to the changes mentioned above, (by more than 2% of your invoice paid) then any refund due will be paid to you. However, 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 arrangements.
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. The price of your travel arrangements was calculated using exchange rates rates of: [EUR 0.88, NOK 9.30, SEK 11.25, ISK 188, DKK 8.85]
7. Cancellation and variation to arrangements
It is unlikely that we will have to make any changes to your arrangements, but we do plan them many months in advance. Occasionally changes occur, but most are minor, and we will advise you or your travel agent at the earliest possible date. Flight timings and carriers in the brochure are subject to change as a result of airline procedures. Final details will be shown on your tickets and/or in the accompanying documentation. If a major change becomes necessary, we will inform you or your travel agent as soon as reasonably possible if there is time before departure. When a major change occurs (such as the alteration of your outward/return flights by more than 12 hours, changes of hotel or a reduction in the standard of accommodation), provided it does not arise from circumstances amounting to force majeure (see below), you will have the choice of either accepting the change, taking another available arrangement from us, or cancelling your arrangement and receiving a full refund. In the interests of our clients, we reserve the right to cancel itineraries, or to substitute alternative accommodation, if the arrangement, unamended, would then in our opinion suffer, or be in some way impracticable. However, in no case will we cancel your arrangement less than six weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the final balance (circumstances amounting to force majeure include war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, or withdrawal of suppliers facilities) In circumstances where we are unable to provide the arrangement booked, we will return to you all monies paid, or offer an alternative arrangement of comparable standard.
In accordance with EU Regulation 2111/2005 we are required to advise you of the airline operating your flight/connecting flight/transfer which we do by detailing this on your confirmation invoice. Any changes to the airline used after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. 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.
8. Our responsibility & liability
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 travel arrangements. However we will not be liable where any failure in the performance of the contract is due to either you or a third party unconnected with the provision of the travel arrangements and where the failure was unforeseeable or unavoidable; or 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. Our liability, except in cases involving death, injury or illness will be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation for your travel arrangements 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. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
Although we do not control or operate any airlines, own any coaches, hotels or other facilities mentioned in our brochure, or directly employ staff of those organisations, we do take all reasonable steps to ensure that such organisations maintain standards which are acceptable to us within the bounds of possibility in each locality. No third party has the authority to make, on our behalf, any promise or representation to you concerning our tour or travel arrangements. We do not accept liability for any such arrangements changed without our consent, or make any refund for unused travel, accommodation vouchers or excursion vouchers other than at our absolute discretion.
The texts of the transport companies' contractual terms, or international conventions are available on request.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk
9. Assistance whilst on tour
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party connected with the provision of the services, 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, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
10. Locally booked Excursions & Safaris
For any excursion or safari that you book locally, your contract will be with the operator of that excursion or safari and not with us irrespective of whether the operator is one used by us or not. We do not accept responsible for the provision of any such excursions or tours or for anything that happens during the course of its provision by the operator.
11. Financial Protection & Standards of Conduct
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for any tours booked with us and for your repatriation in the unlikely event of our insolvency. We provide this security by way of an ATOL 6558 administered by the Civil Aviation Authority and a bond held by ABTA. When you buy an ATOL protected air holiday you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence. The CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk We are a member of ABTA, membership number W879X and are obliged to maintain a high standard of service to you by virtue of their Code of Conduct.
12. Other terms
The conditions, terms and obligations outlined in this brochure and on our website www.nordicexperience.co.uk under the heading “the small print” shall be deemed to be included within these conditions. Nordic Experience and Scantours are trading names of Colchester Travel Ltd with whom your contract is and which is governed by English Law and the jurisdiction of the English Courts.
Last revised: 01/11/2011