Booking conditions

The holidays featured are operated by Azure Luxury Hotel Collection Ltd., (the Company) which is registered in England under company number 4343743. The following conditions apply to all holidays featured on this website departing between January 2017 and December 2017

 

BOOKING CONDITIONS

1. BOOKING YOUR HOLIDAY

 

In these terms “holiday” means whatever holiday or travel services you book with us whether that be a package within the meaning of the Package Travel, Package Holidays and Package Tours Regulations
1992 (“the Regulations”) or something else that does not fall within those Regulations, for instance accommodation only or flights only. To secure your booking you should complete and sign the booking
form and forward it to the Company together with the relevant payment (see Section 2 below). The booking form will form part of the contract with you. Your booking will be accepted and a contract
will exist when 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. You may
however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so. If you arrange your holiday directly with the Company, all correspondence will be sent to the
lead passenger on the booking form, unless otherwise stipulated. If your booking is made through a travel agent, all communications will be made to the travel agent’s address. Any special requests
beyond the advertised features of the holiday must be indicated on the booking form. The Company will try and arrange for these to be met, but they cannot be guaranteed and the Company will not be liable if they are not met. The lead passenger confirms that he/she is over 18 years old and has the legal capacity and authority to book as the lead passenger on behalf of all the other
passengers. All passengers shall be jointly and severally liable in respect of all the obligations on the passengers under these terms. For information regarding Foreign & Commonwealth (FCO) advice, please follow the following link: https://www.gov.uk/foreign-travel-advice

 

2. PAYMENTS

 

Except as otherwise provided below, a deposit is payable and must be forwarded to the Company together with the completed and signed booking form. The deposit amount will vary depending on the holiday booked, length of stay, the policies of third party providers (such as hotels, villa and airlines) and other charges incurred by the operator. The Company will notify you of the deposit payable when you make your enquiry prior to completing the booking form. Upon receipt of the deposit the Company will forward our confirmation invoice and payment of the balance is due no later than 10 weeks before departure and must be made in a single payment. Payment of the balance in instalments is not permitted. If the booking is made within 12 weeks of departure, full payment is required at the time of booking. If the booking is made through a travel agent, all monies paid by you to the travel agent, under or in contemplation of a contract with the Company, are held by the travel agent as an agent of the Company. If payment is not received on the due date, the Company will be entitled to cancel the holiday or travel arrangements without liability and cancellation charges as indicated in Section 4 below will apply. Tickets and other documents will normally be forwarded 10-14 days before the date of departure. In the case of Christmas bookings, a different scheme will apply; details of which will be given on application. Please notify us immediately if any information on your confirmation invoice is missing or incorrect as it may not be possible to amend it later. We cannot accept any liability for any errors in documents for which we are responsible if we are not notified of them within 10 days of sending them to you (and 5 days when it is tickets). It still may be possible to correct any errors outside of these times, however, you will be responsible for any additional costs incurred as a result.

 

3. PRICE POLICY

 

Prices quoted in this brochure are for guidance only. The price of your chosen holiday (the ‘Price’) will be confirmed at the time of booking. Once the Price has been confirmed on your invoice, we
will not increase the Price (however, this commitment does not affect any additional charges which might be payable by you as set out below in this section or in Section 5 below). In return for this
commitment to you, we will be unable to refund you for exchange rate movements or cost adjustments that could in the future reduce the holiday cost. We do, however, reserve the right to amend the published prices of unsold holidays at any time or correct errors in both advertised and published prices.We will do so as soon as we become aware of the error. Changes in [transportation costs, including the cost of fuel] [dues, 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. However there will be no change within 30 days of your departure. 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 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 will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2). Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, 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 and other protection in place. Illustrative prices quoted in this brochure were calculated on the basis of known costs as at August 2015 using the prevailing exchange rates. At no time is the Company liable to give a breakdown of costs.

 

4. CANCELLATION BY YOU

 

Any cancellation by you must be advised in writing to the Company (signed by the same person who signed the booking form). Cancellation will only come into effect on the day written advice is received by the Company at Valerie House, 21 Castle Street, Chester CH1 2DS. Recorded or Special Delivery is strongly recommended. Upon receipt, the following charges (excluding insurance premiums and amendment fees paid) will be payable, depending upon the number of days prior to departure your cancellation is   received by the Company (all passengers are jointly and severally responsible for paying this charge).

 

Days prior to departure date when written advice of cancellation received % of price payable:

 

Up to 70 days prior       Loss of deposit only
69 - 43 days prior         30% of total holiday cost
42- 27 days prior          60% of total holiday cost
26 - 14 days prior         75% of total holiday cost
13- 3 days prior            90% of total holiday cost
2- 0 days prior              100% of total holday cost

 

We strongly recommend that you take out full insurance cover against loss of deposit or cancellation charges. We will not arrange any such insurance for you. It is your responsibility to do so. Please note that when part cancellations occur, the cost may increase for the rest of the party.

 

5. CHANGES BY YOU TO A CONFIRMED BOOKING

 

 If you wish to make any changes to your confirmed booking, you must advise us in writing as soon as possible. We will do all possible to assist, however, we cannot guarantee we will be able to meet any requests. Any changes are only permitted if authorised by our suppliers. If we are able to make changes, any additional costs or charges will be payable by you in addition to an amendment charge of £50 per booking, and £100 per booking if the amendment is within 70 days of travel. NB It may not be possible to amend certain holiday arrangements once confirmed.

 

6. CHANGES BY YOU TO A BOOKING WHILST ABROAD

 

We regret that no credit or refund is possible for any unused services provided in your chosen holiday. If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and the Company or the Company’s agents are not responsible for and shall have no liability in respect of additional costs incurred by you, delays, unused services or difficulties that may arise with onward travel as a result of such alterations. The Company shall have no liability in respect of and no credit or refund is possible for any documents which are lost, mislaid, stolen or destroyed while in your possession.

 

7. CANCELLATION OR ALTERATION BY US

 

i) It is unlikely that we will have to make any changes to your travel arrangements. However, there may be occasions when we have to make changes and we reserve the right to do so at any time subject to the provisions of clause 7. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. Please note that carriers such as airlines used in providing your holiday may be subject to change. Such a change is deemed a minor change. Other examples of minor changes include (without limitation) alteration of your outward/return flights by less than 12 hours, changes to aircraft type or change of accommodation to another of the same standard.

 

ii) The Company’s entire liability in respect of cancellation of your holiday including but not limited to in respect of loss of enjoyment or satisfaction shall be as set out in clause 7 of these terms.

 

iii) If we make a significant alteration to an essential term of the contract we will notify you or your travel agent of the alteration as soon as possible and you will be entitled to:-

 

a) take a substitute holiday of at least equivalent quality as your original holiday to the extent that the Company has such an alternative available. If you elect to take this option then if the balance of the price of the original holiday has not already been paid you will be required to pay that balance on the same terms as in relation to the original holiday and with the same consequences as would have applied in relation to the original holiday had the balance not been paid. If the balance of the price of the original holiday has already been paid then if you choose this option, you will not be required to make any further payment (other than as required elsewhere in these terms) but you will not be entitled to any refund either; or

 

b) take a substitute holiday of lower quality on the same dates as your original holiday to the extent that the Company has such an alternative available. If you choose this option then the Company will be liable to you for the difference in price between your original holiday and the alternative holiday. If you have already paid the balance of the price then the Company will refund you the difference between the price of the original holiday and the lower price of the alternative holiday but no further sum shall be payable to you.  If you have not paid the balance of the price at the date at which you accept the alternative holiday then the balance payable will be reduced by an amount equal to the difference in price between the original holiday and the lower cost alternative holiday. The amended balance will then be payable on the same terms as the original balance would have been and subject to the same consequences if that amount is not paid as would have applied had the original price not been paid; or

 

c) terminate the contract. If you choose to do so then we will refund all monies paid to us. been passed on to us.

 

vi) If you choose to proceed with your original holiday, to the extent that this is possible, despite the significant alteration to an essential term of the contract then we will pay you £20 per person per day of the holiday which is affected by the significant alternation to an essential term.

 

vii) If we cancel your holiday other than as a result of a breach by you of the contract     entitling us to terminate or as a result of any other fault on your part, we will notify you or your travel agent as soon as possible and you will be entitled to:-

a) take a substitute holiday of at least equivalent quality on the same dates as your original holiday to the extent that the Company has such an alternative available. If you elect to take this option then if the balance of the price of the original holiday has not already been paid you will be required to pay that balance on the same terms as in relation to the    original holiday and with the same consequences as would have applied in relation to the original holiday had the balance not been paid. If the balance of the price of the original holiday has already been paid then if you choose this option, you will not be required to make any further payment (other than as required elsewhere in these terms) but you will not be entitled to any refund either; or

 

b) take a substitute holiday of lower quality on the same dates as your original holiday to the extent that the Company has such an alternative available. If you choose this option then the Company will be liable to you for the difference in price between your original holiday and the alternative holiday. If you have already paid the balance of the price then the Company will refund you the difference between the price of the original    holiday and the lower price of the alternative holiday but no further sum shall be payable to you. If you have not paid the balance of the price at the date at which you accept the alternative holiday then the balance payable will be reduced by an amount equal to the difference in price between the original holiday and the lower cost alternative holiday. The amended balance will then be payable on the same terms as the original balance would have been and subject to the same consequences if that amount is not paid as would have applied had the original price not been paid; or

 

c) a full refund of all sums received from you or your travel agent in respect of the holiday at the time of cancellation plus £20 per person for each day of the holiday. We will not be required to pay you any sums which you have paid to your travel agent in respect of the holiday but which has not been paid to us by your travel agent. You must recover any such sum from your travel agent. Where the balance of the price has not been paid at the date of cancellation, the balance will not become payable by you.

 

viii) The Company will not be liable and no compensation will be payable if your   holiday has to be altered or cancelled by us or at our recommendation by reason of unusual or unforeseeable circumstances beyond our control including but not limited to war or threat of war, civil strife, riot, terrorist activity, industrial dispute, natural or nuclear disaster, fire, sickness, adverse weather or the acts of any Government or public authority (“Force Majeure”). The Company will be entitled to rely on information provided by the Foreign Office where appropriate to determine if a Force Majeure situation exists.

 

viiii) Nothing in these terms limits or is intended to limit the Company’s liability for fraud or for death or personal injury caused by the Company’s negligence or other failure to perform its obligations. Please note that when part cancellations occur, the amount payable by the rest of the party may increase. During the peak season, bookings on some airlines and hotels will have varying cancellation charges. Therefore the above charges will not apply. The charges will be calculated and advised to you at the time of cancellation.

 

8. OUR RESPONSIBILITIES

 

The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards. Subject to the other clauses of these terms and to the limitation set out in this clause 8 below the Company accepts responsibility should you suffer loss as a result of any failure by the Company, its employees, agents, subcontractors or suppliers to perform its contract with you in accordance with these terms or as otherwise required by the law. However, The Company does not accept responsibility where the failure to perform or improper performance: a) is attributable to your own acts or omissions; b) is attributable to a third party unconnected with the provision of the services contracted for and is unforeseeable or unavoidable; c) is due to Force Majeure which we or the supplier of the service(s) in question could not foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of our control; d) is 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 e) is due to an event which the Company, its employees, agents, suppliers and subcontractors could not, even with all due care, have foreseen or forestalled. Where legal action against any party (other than the Company) connected with your holiday is contemplated by you, you must notify us in writing of such intention prior to the commencement of proceedings. Our liability to you whether arising under the contract or otherwise is limited as follows.

 

a) Where any international convention applies to any part of your holiday including but not limited to in relation to carriage by air, sea or rail, our liability is limited to the liability provided for in the relevant International Convention and we are entitled to the benefit of and to rely on any such limitation.

 

b) We are entitled to the benefit of and to rely on any terms, including but not limited to any limitations of liability, in the conditions of carriage of the organizations that provide your travel in respect of the holiday.

 

c) Copies of the Conditions of Carriage and International Conventions referred to in clauses 8(a) and 8(b) above are available on request from us at our office, Customer    Relations Department, Azure Luxury Hotel Collection Limited, Valerie House, 21 Castle Street, Chester CH1 2DS.

 

d) Except as provided elsewhere in these terms including under clauses 8(a), 8(b) and 8(c) above and in 8(e) below, our liability is limited, except in cases involving death, injury or illness, to a maximum of 2 times the cost of your travel arrangements.

 

e) Nothing in these terms limits or is intended to limit the Company’s liability for fraud or for death or personal injury caused by the Company’s negligence or other failure to perform its obligations. 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 will be publicised at EU airports and 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 7. If any payments to you are due from us, any payment made to you by the airline will be deducted. NB this clause does not apply to any separate contracts that you

 

9. YOUR RESPONSIBILITIES

 

Any passports, visas, health certificates, international driving licences and other travel documents required for the holiday must be obtained by you and it remains your responsibility to ensure that these are all in order and to pay any additional costs incurred (whether by you or by the Company on your behalf) as a result of failure to comply with such requirements. You are responsible for arriving at stated times and places and any oss or damage which you suffer through failure to do so lies with you and the Company has no liability whatsoever to you through your failure to do so. The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet under the address http://www.fco.gov.uk/. Alternatively you can contact the ABTA Customer Support on 0203 117 0599 or via their website www.abta.com. You are responsible for ensuring you and  your party are aware of all check-in requirements and we accept no liability for your failure to comply with these rules and regulations. We accept no liability to you or in respect of your holiday if you do not comply with all airline, hotel and other third party provider’s policies and security requirements. You are responsible for being fit to travel on the holiday you have booked. You are responsible for your actions and the effect they may have on others, and as such act in a reasonable and responsible manner toward any person you are in contact with during the course of your travel arrangements. If we, or another person of authority have reason to believe that you are unfit to travel or your actions are such that they could upset, annoy, offend or disturb other clients, our suppliers or members of our staff or are likely to put them in risk, or any danger, or damage to property, we are entitled, without prior notice, to terminate the holiday and our contract of the person(s) concerned. In these circumstances the person(s) concerned must leave the accommodation or other service immediately and we will have no further responsibility toward such person(s), including, and not exclusively, accommodation, transfer and flights costs. There will be no refund of any unused holiday components or costs incurred. We cannot accept liability for the actions of others at your accommodation or on your flight and any reduction in services or facilities as a result of their action(s).

 

10. EXCURSIONS

 

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.

 

11. SCHEDULED AIRLINES

 

We use the scheduled services of the world’s international airlines. Under the terms of the Air Travel Organiser’s Licence, the Company, the ATOL holder, must notify you of the name of the airline operator, the aircraft type to be used and the destination airport. At the time of going to print, this information is not known. We expect to provide you with this information at the time of booking. However, all airlines are subject to operational delays, change of aircraft and routing, over which we have no control, but when such changes are made, we shall use our reasonable endeavours to minimise any inconvenience. The world’s international airlines are rarely subject to lengthy delays, but in the unlikely event that it does happen, arrangements for meals, overnight accommodation etc. should be met by your airline. Conditions of carriage are available on request. The Company will not be liable for any loss or inconvenience arising from delays to flights included in your holiday and booked through the Company.

 

 

12. BROCHURE DESCRIPTION

 

The descriptions, information and opinions in this brochure or electronically if you are viewing these terms on our website or apps given by the Company in respect of airlines, hotels and other suppliers whose services are used are given in good faith, based on the information reasonably available at the time of printing. However, we are not always able to control all the components of the holiday arrangements and it is possible that an advertised facility may be withdrawn, due to weather conditions, lack of demand or for maintenance etc. For example, swimming pools are sometimes emptied or air-conditioning restricted. We reserve the right to amend any particulars contained in the brochure where changes occur after printing but in the event of such a change affecting your chosen holiday which we know about before you place your booking we will tell you about the change before you make your booking. Please see clause 7 in relation to changes after you have booked. If you are a single traveller or your party consists of a number less than the accommodation sleeps (e.g. 3 persons sharing a 2-bedroom apartment that accommodates 4) a supplement will be levied. This is because our costs are based on a cost per room/apartment, whilst our holidays are sold on a per person basis, including flights and other elements. Therefore, in both the above cases, the Price will include the entire room cost. Some hotels do offer rooms that only sleep one person and, in this instance, there will normally be a supplement, but it is usually lower than when one person occupies a twin/double room. Please note the type of single room allocated is usually decided upon arrival at the hotel.

 

13. IF YOU HAVE A PROBLEM

 

Most problems can be sorted out reasonably quickly if we know about them. 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 Valerie House, 21 Castle  Street, Chester, CH1 2DS giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services 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. As a Member of ABTA, we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

 

14. BONDING

 

We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number 5790. When you buy an ATOL protected flight or flight inclusive 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able 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 will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we 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.

 

 

15. DATA PROTECTION

 

During the course of booking your holiday, the Company will be receiving personal data from you, such as your name, email address, billing address, product selections, as well as your credit or debit card number and expiry date, and information about your usage of our website (for example, the URL you came from, IP address, domain types like .co.uk and .com, your browser type and the pages of our website that were viewed during your visit) (‘Your information’). The Company will not copy, store, disclose or otherwise process this data other than (1) as is necessary for providing the holiday chosen by you in the booking form and (2) for the purpose of informing you of other holidays and services offered by the Company from time to time. If it is necessary for the Company to transfer this data to third parties involved with providing the services relating to your holiday that are located outside the European Economic Area, the Company will disclose such personal data to such third parties. If, at any time, you wish to update Your Information, or if you wish to opt out of receiving these notifications from us, please contact us on 01244 322770. You consent to the Company’s use of your personal data as described above. Your personal data will be removed from our records upon receipt of your written request. We will use Your Information in accordance with the Data Protection Act 1998 and any other laws or regulations currently in force in the United Kingdom. We are registered under the Data Protection Act 1998.

 


16. LAW

 

The contract for the provision of your holiday is governed by and construed in accordance with English law. Each party submits to the exclusive jurisdiction of the Courts of England and Wales to settle any claim or matter arising under or in connection with the contract or the holiday generally. If any part of this contract is found by a competent authority to be invalid, unlawful or unenforceable then that provision shall be deemed not to be a part of this contract and it shall not affect the enforceability of the remainder of this contract.

 

Azure Collection
Azure Luxury Hotel Collection Ltd.,
Valerie House,
21 Castle Street,
Chester,
CH1 2DS
UK

Tel +44 (0)1244 322770
Fax +44 (0)1244 322771
sales@azurecollection.com
www.azurecollection.com