Booking Terms & Conditions
1. Making a Booking
When you make your booking you must complete the on-line booking form accepting on behalf of your party the terms of the booking conditions and pay a deposit or full balance as detailed in clause 2. A contract will exist when we issue our confirmation invoice.
2. Deposit & Final Payments
Unless you book 8 weeks or less before departure date, you must pay us a deposit of £50 per person (plus insurance if you are taking our insurance) with your on-line booking form and the balance of your holiday with the balance of your holiday price to reach us no later than 8 weeks before your departure date.
If you fail to pay the balance by the due date, we are entitled to treat your holiday as cancelled by you.This makes you liable for cancellation charges (see clause 3).
If you book 8 weeks or less before your departure date, you must pay your holiday in full when booking.We accept payment by Access or Visa card.
3.
Cancellation Terms
If you book & subsequently cancel, you must submit the cancellation in writing and the following scale of charges will apply
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More than 42 days
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Loss of Deposit
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29 – 42 days
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35%
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15 – 28 days
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50%
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3 – 14 days
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65%
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0 – 2 days
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100%
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All being percentages of the total cost. Insurance monies are non-refundable.
4.
Alterations by You
After our confirmation has been issued, a charge of £10 is payable for any agreed alteration subsequently made to a confirmed booking at the passenger’s request.Alterations made within 42 days of departure will be treated by you as a cancellation of the holiday and will be subject to the cancellation charges as detailed in clause 3.
Please note that certain travel arrangements (e.g. Apex tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.
5.
Alterations by Us
It may be necessary to transfer your booking to another hotel within the Group.In the unlikely event of this happening you will be advised and, if you are not satisfied with the alternative, a full refund will be made.
Furthermore, in light of the fact that we do plan arrangements many months in advance, minor changes to travel arrangements may occur.
Flight timings and carriers are subject to change as a result of airline procedures.These details are given as guidelines only.
If a major change becomes necessary, we will inform you as soon as possible, provided that there is time to do so before departure.Where a major change occurs, such as an alteration by more than 12 hours to an outbound or return flight, or a change in resort, or a reduction in the standard of accommodation provided, unless it is a consequence of force majeure, you will be provided with a full refund if you wish to cancel.
Furthermore, if such a change occurs within 14 days of departure, a further £25 compensation per person will be paid.
We reserve the right in any circumstances to cancel your holiday and all holidays operate subject to a minimum number of participants.However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the final balance.In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid or offer an alternative holiday of comparable standard.
6. Surcharge Guarantee
The price of your travel arrangements is subject to surcharges on the following items, for increases in transportation costs, e.g. fuel, scheduled air fares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator/organizer, government action such as increases in VAT or any other government imposed increases, and currency in relation to adverse exchange rate variations.
Even in this case, we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges.Only amounts in excess of this 2% will be surcharged but, where a surcharge is payable, there will be an administration charge of £1.If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of money paid, except for any premium paid to us for holiday insurance and amendment charges.Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice.
7. Our Liability
We have taken reasonable steps to ensure that your holiday arrangements are satisfactory.Nothing in the contract will relieve is from (i) responsibility for misrepresentations made by our staff or agents; (ii) our contractual duty to exercise diligence in making arrangements for our passengers or for consequential loss arising from a breach of duty.Where we have complied with our responsibility, we will accept no liability in respect of (a) death or physical injury unless resulting from negligence (as defined in the Unfair Contract Terms Act 1977); (b) loss damage or delay of your luggage.(We strongly recommend that you cover this risk by insurance).
8. Travel
Sea holidays are based on travel by Condor services.Reservations will be taken subject to confirmation from the carrier.Air holidays are based on selected services of British Airways, British Midland, British European and other scheduled airlines, plus selected charter services.All travel is subject to the operating schedules of the carriers (which are not necessarily daily) and, therefore, the type of aircraft cannot be confirmed, as it may be subject to alteration at the carrier’s discretion.Should flight timings not be available when booking, this information will be confirmed once the details are confirmed from the appropriate airline.
Wherever possible we will endeavor to meet your specific travel requirements in respect of schedules.If it is not possible to secure those timings requested by you (as, for obvious reasons, we cannot always comply), no refund of any monies paid will be made and you will not have the right to cancel your booking, except in accordance with our normal cancellation terms.However, in the unlikely event that we are unable to offer travel on the specified dates or from your selected departure point(s), you will be entitled to cancel your booking without financial penalty, provided written notification of your cancellation is received within a reasonable period of time.Modern Travel Centre Limited hold ATOL number 752 and that applies to all holidays arranged by us.
9.
Holiday Prices
Holiday prices are based on ITX airline rates.To ensure these prices book early as, once all seats are allocated, we cannot guarantee these special prices.
10. Special Requests
We will make every effort to comply with special requests entered on the on-line booking form but we cannot always guarantee that requests will be met.
11.
Complaints Procedure
If you have a problem during your holiday, please inform the hotel and resort representative immediately who will endeavor to put things right.If your complaint cannot be completely resolved locally, you must complete a report form which can be obtained from the local representative.Please follow this up within 10 days of your return home by writing to the Customer Services Department, The Modern Group, Roseville St, St Helier, Jersey, JE1 4HE, giving your original booking reference number and any other relevant information.Therefore, it is a condition of this contract that you communicate any problem to the supplier of services in question AND to a representative whilst in resort and receive a written report form.If you fail to follow this simple procedure, we cannot accept responsibility, as we have been deprived of the opportunity to investigate and rectify the problem.
It is unlikely that you will have a problem that cannot be rectified amicably between us.However, disputes arising out of it or in connection with this contract which cannot be amicably settled 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, details of which can be supplied on request, provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs.The scheme does not apply to claims for an amount greater than £1,500 per person or £7,500 per booking form.Neither does it apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness.If you elect to seek redress under this scheme, written notice requesting arbitration must be made within 9 months after the scheduled return date from holiday.
Full details are available from the Association of British Travel Agents, 55057 Newman Street, London, W1P 4AH.
12. Assistance
If any client suffers death, illness or injury whilst overseas arising out of any activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence.Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves.Our costs in respect of the above, on behalf of you and your party, shall not exceed £2,500 in total.
13. Licensing & Bonding
Modern Travel hold an Air Travel Organisers Licence (ATOL) granted by the Civil Aviation Authority.The Authority checks our finance and requires us to arrange a bond which protects the money paid to us for air holidays.Our ATOL number is 752.If you would like further information, please ask for our free leaflet.
14. Data
Users purchasing products on the Site who have not opted out, may receive promotional mailings and e-mails from Modern Group companies. Your personal details will not be passed to any other third parties except where necessary to process your booking or enquiry. When you submit your booking or request to us you agree that we may use and transfer your personal information in this manner.
15. Right of Access to Data
We will provide a summary of any personal information held upon request. This information will only be sent to the e-mail address on file for the name associated with it. To obtain an information summary please e-mail jo.tuohy@modernhotels.com Modern Hotels Group, its contractors, agents, owners, and employees are not responsible for the content or the privacy policies of other web sites to which this Site may link.
16. Law
This contract is made on the terms of these booking conditions which are governed by Jersey Law and both parties shall submit to the jurisdiction of the Jersey Courts at all times.