The following Terms shall have the meanings set out below when used in these Booking Conditions:
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA's code of conduct. If you have a problem during your Holiday, you must inform the relevant supplier (eg 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 a reasonable period of time (we would suggest 28 days) of your return
home. Your complaint should be in writing, to our Customer Relations Department at Virgin Holidays Limited,
The Galleria, Station Road, Crawley, West Sussex, RH10 1WW 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 in resort and this may affect your rights under this contract.
What Happens To Complaints
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to
do with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under a
special scheme which is arranged by the Association of British Travel Agents but is administered quite 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 you in respect of costs. The scheme does not apply to claims for
any amount greater than £5,000 per person or £25,000 per booking form. Also it does not apply to claims which
relate solely to physical injury or illness. 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. If you choose to proceed to arbitration under this scheme, you must send a
written notice of your decision to ABTA within 9 months of your scheduled date of return.
For further information about ABTA, the code of conduct and the arbitration scheme available to you if you have a complaint, contact ABTA (the Association of British Travel Agents) at 68-71 Newman Street,
London, W1P 4AH. Tel: 0207 637 2444
Our Liability To You
- (a) Subject to Clauses 13(b) and 14 below, we accept responsibility for ensuring that your travel arrangements,
which you book with us, are supplied as described on this website. If, after departure, 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. However, our
liability in all cases shall be limited to a maximum of three times the cost of your travel arrangements.
- Subject to Clause 14 below, we accept responsibility for what our employees, agents, and suppliers do or do not do providing that they were at all times 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 2(a) above.
Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or
any member of your party, unless you are able to prove that such injury or illness was caused by lack of reasonable
care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract
with you.
And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any of
the following:
- the fault of the person(s) affected or any members(s) of their party or
- the fault of a third party not connected with the provision of your holiday which we could not have predicted
or avoided or
- an event or circumstances which we or the supplier of the service(s) in question could not have predicted or
avoided even after taking all reasonable care or
- the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
For information concerning adverse weather conditions, please see our important information section.
Non -packages
In respect of non-packages - we promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, as well as using our reasonable skill and care in choosing our providers. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which does not result from any failure to use reasonable skill and care as referred to above.
Please also note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them for you. This also includes any excursion or activity you book or purchase locally in resort.
Important Notice on Limits of Liability
In respect of international travel by air, sea and rail, the exent of our liability will in all cases be limited
as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international
travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to
rail travel) and The Paris Convention (with respect to accomodation arrangements). You can ask for copies of these
Conventions from our offices, The Galleria, Station Rd, Crawley, West Sussex RH10 1WW. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging 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 the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
Air Carriers
In accordance with EU Directive (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'community list' which contains details of air carriers that are subject to an operating ban within the EU community. The community list is available for inspection at: http://europa.eu.int/comm/transport/air/safety/flywell_en.htm
Data Protection
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give
us in respect of your holiday arrangements, unless you agree otherwise. For example, if we wish to use any of
your personal details for marketing purposes, we will tell you this when we ask for your details and give you the
opportunity to say no if you do not want us to do so.
Disabled Clients
We are not a specialist disabled holiday company, but we will do our utmost
to cater for any special requirements you may have. We do have a specialist
department who will be able to provide assistance to you. For furher information,
call our Customer Care team on 0870 990 8350 to discuss your holiday requirements further.
Cruise Cancellations by You
In respect of any cancellations/amendments incurred by you, the following charges shall apply:
Carnival:
- 0-7 days - 100%
- 8-29 days - 50%
- 30-75 days - $250 per person
Royal Caribbean Cruise Line :
- 0-3 days - 100%
- 4-28 days - 75%
- 29-56 days - 45%
- +57 days - loss of deposit
Disney Cruise Line :
- 0-7 days - 100%
- 8-29 days - 50%
- 30-59 days - $250 per person
Windstar:
- 0-29 days - 100%
- 30-59 days - 50%
- 60-90 days - $750 per person