Terms & Condtions
HAYS TRAVEL BOOKING CONDITIONS
Our trading policy is both professional and fair at all times. The Booking Conditions are simply a clearly set out contract which details the responsibilities of Personal Holiday Advisors a trading name of Constant Travel LTD of 16 Pavilion Business Park, Royds Hall Road, Leeds, LS12 6AJ and you, the customer.
If you would like to speak to us directly about our Booking Conditions, please call us on 0113 430 0213.
These conditions shall form the sole contract between the person signing the Confirmation Document and all other persons named on the Booking Confirmation (referred to as the ‘Passenger’) and Constant Travel (referred to as the ‘Company’). These conditions may not be altered or varied except by notice in writing to the person signing the document by a duly authorised officer of the Company. When booking a holiday, the Passenger(s) will be asked at a given point to complete, sign and return the Confirmation Document. Where an inclusive holiday is provided by another supplier then their respective ‘Booking Conditions’ will apply to which we the ‘Company’ and you the ‘Passenger’ must comply.
No contract shall exist between the Company and the Passenger until the Company has received the Confirmation Document duly signed and completed together with the deposit amount as specified by Constant Travel at the time of booking, or in the case of telephone reservations, when a credit card has been used for the deposit to secure the reservations. When you contact us to make a booking, we act as an agent for the relevant carrier which will be disclosed on your documentation. We reserve the right to substitute the carrier, if necessary. When you have paid the required deposit and we have confirmed your booking, a contract exists under which we accept responsibility for the provision of all the services described in our invoice. The balance of the full holiday price must be paid either at the time of booking, or no later than fourteen weeks before departure, failing which the booking shall be deemed to have been cancelled and cancellation charges will apply. For bookings made within fourteen weeks of departure, the full cost must accompany the Confirmation Document. The person signing the Confirmation Document shall be deemed to act as Agent for all persons shown thereon and that signature shall bind all members of the travelling party jointly and severally to the Booking Conditions.
YOUR financial protection
Your package holiday shown is sold by Constant Travel Ltd as a member of the Hays Travel Independence Group. All payments will be handled by Hays Tour Operating Limited and will be financially protected by the Civil Aviation Authority under Hays Tour Operating Limited’s ATOL Number 10531. The ATOL scheme ensures that you will not lose the money you have paid over and will not be stranded abroad should the ATOL holder fail.
When you buy an ATOL protected air holiday package or flights from us you will receive a Confirmation Invoice from us confirming your arrangements and your protection under the Hays Tour Operating Limited Air Travel Organiser’s Licence number 10531. In the unlikely event of our insolvency, 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. If you buy arrangements that do not include flights then this financial protection does not apply.
Constant Travel Ltd sells travel services on behalf of Hays Travel Limited and benefits from Hays Travel’s membership of ABTA with membership number P7577. 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.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com
Constant Travel insists that adequate Travel Insurance is in place as we feel it is essential for your security and peace of mind. Constant Travel can offer you comprehensive Travel Insurance, however, it is ultimately your responsibility to ensure you and all members of your party have in place adequate holiday Travel Insurance. We suggest this is in effect at the time deposits are paid to Constant Travel.
YOUR HOLIDAY PRICE
When you make a booking you must pay a deposit confirmed at time of booking (Excluding any special offers that might be applicable from time to time) On certain tailor-made holidays a higher deposit may be required and you will be advised of this at the time these bookings are made.
The balance of the price of your travel arrangements must be paid at least 14 weeks before your departure date. If the deposit and/or balance is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
The cost of the travel arrangements shown on your confirmation is calculated using the prevailing buying/selling rate of exchange for the US$ and the CA$ as published in the Financial Times on the date your deposits for these travel arrangements are received.
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 £1.00 per person together with an amount to cover agents’ commission.
If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday 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.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must do so within 14 days from the date printed on your final invoice.
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.
ALTERATION OR CANCELLATION OF BOOKING BY YOU
If, after we have confirmed a booking, you request any amendments to your travel arrangements, communication charges and other expenses will be payable by you together with an amendment fee of £100 per alteration, whether or not we are successful in complying with the request. Alterations or amendments requested less than 14 weeks prior to departure will be treated as cancellations and will be subject to the appropriate cancellation charges.
Should you alter arrangements at any time during your holiday without our consent, we cannot be liable for extra expenditure you incur as a result, i.e. local cancellation charges, transfers etc. Neither shall we be liable to pay you a refund for unused services.
Should you, or a member of your party, be forced to cancel, you must advise Constant Travel in writing, this letter should be signed by the person who signed the original Confirmation Document. Cancellation charges, excluding insurance premium, will be calculated from the date written notification is received by Constant Travel as shown below:
- More than 70 days – Loss of Deposit
- 70 – 42 days – 30%
- 41 – 29 days – 60%
- 28 – 16 days – 70%
- 15 – 08 days – 80%
- 07 – Day of departure – 100%
Note: Where the deposit is higher than the percentage of the booking value at the respective time of cancellation the greater of the two amounts will apply.
ALTERATION OR CANCELLATION OF BOOKING BY CONSTANT TRAVEL
Although Constant Travel will make every reasonable effort to provide you with the holiday arrangements you book, occasionally it may be necessary for us to alter holiday arrangements for a number of reasons. We reserve the right to make such amendments at any time, however, this would not occur less than 14 days before the commencement of travel arrangements. Should these changes be minor, which includes the change of airline, alternative comparable arrangements will be offered. However, if a major change becomes necessary you will then have the choice of either: i). Accepting the changed arrangements as notified to you, ii). Purchasing another available holiday from us, or iii). Cancelling your holiday. Constant Travel will not cancel your travel arrangements after the date when payment of the balance is due unless it is necessary to do so as a result of hostilities, political unrest or other circumstances amounting to force majeure, unless the client defaults in payment of such balance. Within 10 weeks of departure you will also be entitled to compensation in accordance with the scale below; provided we have received full payment. Period before scheduled departure date within which material modification is notified to you:
COMPENSATION PER PERSON
- 42 days or more – Nil
- 41 – 29 days £10.00
- 28 – 15 days £20.00
- 14 – Day of departure £30.00
A material change is one made before the date of departure and one which includes a significant change of resort, a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, or a change of airport which is inconvenient to you. Payment of compensation as in the scale above will not be paid for any change caused by war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, terrorist activity, technical or maintenance issues with transport, changes of schedules or operational decisions of air carriers or similar circumstances beyond the control of Constant Travel.
We always do our best to ensure that your holiday arrangements are satisfactory and we have taken all reasonable care to see that the various components parts of your holiday conform to a suitable standard. Accordingly Constant Travel stand by the holiday arrangements we provide and accept responsibility should the services we offer prove deficient or fall sort of a reasonable standard. We also accept responsibility for not only the acts and/or omissions of our employees but also those of our suppliers. We are not however to be responsible for, nor do we accept liability arising out of death, bodily injury or illness caused to the signatory to the booking form and/or any person included in it. If any service called into question consists of carriage by air or by sea then our obligation and liability is limited in the manner provided by international conventions governing air and sea carriers. Constant Travel accepts no responsibility during the course of your holiday for, and shall not be liable in respect of, loss, injury or damage caused by force majeure, events such as strikes, riots, civil strife, political unrest, hostilities, war or threat of war, terrorist activity, epidemic, quarantine or medical regulations, industrial dispute, fire, flood, nature and nuclear disasters, technical or weather problems affecting transport, aircraft grounding, closure of airport or ports or other similar events. If you or a member of your party is prevented from travelling on an aircraft because in the opinion of any person in authority at the airport (including by way of example but not of limitation of the police, pilot, or security personnel) you appear by reason of intoxicating liquor or misuse of drugs, either to be unfit to travel or likely to cause discomfort or disturbance to other passengers, our responsibility for your journey or holiday, including any return flight, thereupon ceases. Full cancellation charges will then apply and no refunds will be given. Furthermore, we will then be under no obligation whatsoever to pay you compensation or costs which you may incur in respect of or as a result of alternative arrangements you make. The Civil Authority Regulations allow all scheduled flight times and details to be changed by the airline or operator without prior notice. We cannot, of course, be in any way responsible for such changes. The responsibility of the Transatlantic and US domestic Airlines in connection with the holidays we book is limited to the carriage of passengers and their luggage in accordance with the Conditions of Carriage of the participating airlines. Many of these conditions employed by airlines and other carriers are subject of international agreements. On rare occasions where departures are delayed due to circumstances beyond the carrier’s control, such as adverse weather conditions and strikes, we regret that any expense incurred as a result is the client’s responsibility and refunds cannot be given in respect of hotel accommodation or meals not taken as a result of such a delay.
Constant Travel appreciates that in spite of everything, problems can arise. The majority of complaints can be sorted out on the spot and it is essential that you call the contact number that Constant Travel will supply for problems and complaints. This number should be used as soon as a problem or reason for complaint arises. In the case of hotel reservations, the relevant number will be printed on your hotel voucher/confirmation. You should also where possible contact Constant Travel by telephone/fax or email so that we may assist in trying to rectify any problem immediately. It is also essential that you let us know about all complaints within 30 days of your return to the UK. If contact is not made to our office this will obviously prevent Constant Travel from taking action whilst your vacation is in progress.
Complaints reported to our office, once you have returned home, must be received in writing. They will be acknowledged within 7 days of receipt, and a full response will be made within 28 days of receipt. In the unlikely event that we cannot resolve a dispute arising out of, or in connection with this contract, the complainant may (if you wish) be referred to arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents is administered quite independently by the Chartered Institute of Arbitrators. This scheme provides a simple and inexpensive method of arbitration on documents alone with a restricted liability on you in respect of costs. This scheme does not apply to claims for an amount greater than £1500.00 per person or £7500.00 per booking form or to claims, which are solely, or mainly in respect of physical injury or illness or the consequences of such injury or illness. The application for arbitration must be made within nine months of return from the holiday, but in special circumstances this period must be extended.
You should ensure that you are aware of any specific requirement relating to health in the country you are visiting. You should consult the D.H.S.S. leaflets SA40 & SA41 (The Travellers guide to Health) available from the Department of Health. You should also check with your own doctor before your departure as to whether any inoculations are considered available and necessary for your destinations.
All passengers must be in possession of a valid ten-year passport. Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
British Citizen passport holders, staying in the USA for no more than 90 days do not require a visa, providing they are travelling on a return and/or onward scheduled airline ticket and have no criminal record. They must however complete the ESTA or Visa Waiver application at least 72 hours prior to travel by visiting https://esta.cbp.dhs.gov/esta/ US Customs and Border Protection make a small charge for this service which is currently $14 per application. British Citizens’ passports should have a validity of at least 3 months after your departure from North America. It is the responsibility of non British Citizens to ensure that they are in possession of the correct documentation to allow them to enter their country of destination. If you have any questions regarding your entry documentation for the United States and Canada then it is your responsibility to check this prior to departure with the relevant Embassy or fco.gov.uk
Whilst we endeavour to assist with a request, we are unable to confirm or guarantee specific seats. The non-allocation of specific seats prior to, or on the day of departure, is not considered sufficient grounds for the passenger to amend or cancel their holiday arrangements.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
ACCOMMODATION RATINGS AND STANDARDS
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on check-out.
DELIVERY OF DOCUMENTS
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Please be aware that the terms and conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
DATA PROTECTION AND PRIVACY
The information that you provide to us in making your booking will be passed on to Hays Travel and to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other serious crime. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
We and Hays Travel would also like to store and use your personal data for future marketing purposes. If you do not wish to receive future marketing material, please notify us in writing.
LAW AND JURISDICTION
These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If you would like further information about our accessibility statement or if you are experiencing problems accessing the www.constanttravel.co.uk website, please contact us on 0333 1230 747.