| |
1.Your
Holiday Contract
These booking conditions govern all bookings with Benz
Travel Ltd whose registered office is at 83 Mortimer Street,
London, W1W 7SL. How the booking conditions apply to you
vary depending on whether you have booked a 'package'
or 'other travel arrangements'.
A package is a combination of at least two of the following
a) transport b) accommodation c) another tourist service
which forms a significant part of your booking, providing
those two or more components are sold to you at the same
time at an inclusive price with full payment being made
to Benz Travel. Anything else (e.g. air tickets only,
air tickets and accommodation booked at different times,
cruises and packages arranged by a third party tour operator
where we act as their agents) constitutes other travel
arrangements.
If you book a package your contract is with Benz Travel.
A contract arises between us once you have completed and
signed our booking form or confirm you have read and understood
the booking conditions shown on our websites, or made
the appropriate payment to us and we have issued our confirmation
invoice. If you book other travel arrangements, Benz Travel
acts as a booking agent and your contract is with the
supplier(s) (e.g. the airline or hotel supplier or cruise
or tour operator) concerned. The booking conditions of
that other company will also apply to you. You will see
that certain of the terms and conditions below only apply
if you have booked a package.
All contracts with Benz Travel and all matters arising
from them are subject to English law and to the jurisdiction
of the courts of England and Wales. You may, however,
choose the law and jurisdiction of Scotland or Northern
Ireland if you wish to do so.
The person who makes the booking, who must be aged 18
or over, accepts these conditions on behalf of all members
of the party and is responsible for all payment due from
the party.
2.Payments
At the time of booking you must pay a deposit, the amount
of which varies from £100 per person up to the total holiday
cost, depending on the type of booking, and pay any balance
of the cost of the holiday no later than 8 weeks before
departure. If you book inside 8 weeks of departure full
payment is required at time of booking. If you do not
make the required payments your booking will be cancelled.
If you have paid a deposit and fail to pay the balance
on time you will lose your deposit.
Payment can be made by Switch/Delta Cards and all major
Credit Cards. We levy a charge of 2% of holiday cost when
you use Mastercard, Visa or American Express and a charge
of 4% for Diner's Club.
3.Your Travel Documents
We aim to send out your documents 14 days prior to departure
by first class post. We cannot be held responsible for
documents lost in the post. Special, Recorded or Registered
post can be arranged at an additional charge. If tickets
are lost in the post and a new set of tickets has to be
issued you may have to pay to re-issue the tickets. A
form of indemnity will have to be filled in to claim your
money back, which can take 6 months. The form of indemnity
is subject to an administration fee of £75 per passenger.
We would also like to draw your attention to the purchases
by credit or debit cards where payment does not take place
in person. In accordance with mail order regulations,
all documents will be posted to the billing address of
the credit/debit cardholder and not the address of the
passenger (unless they are one and the same).
4.Alterations by you
If after booking you wish to change your travel arrangements,
we will do our best to meet your new requirements. You
will need to confirm your instructions in writing and
pay an amendment fee of £35 per booking. Also you
must pay any costs we incur in making the amendment, including
any charges that may be levied by suppliers (e.g. airlines,
hotels). Please note that some travel arrangements (e.g.
Apex tickets) may not be changeable after a reservation
has been made and any alteration request could incur a
cancellation charge of up to 100% of that part of the
arrangements.
5.Transferring your booking if you are prevented from
travelling (packages only)
If you are prevented from travelling, you have the right
to transfer your booking to another person subject to
both the original client(s) and the transferee(s) paying
all costs incurred by Benz Travel in doing so. However
the arrangements must remain exactly the same. Benz Travel
will use its best endeavours to facilitate the transfer
and in cases where a transfer is made an additional administration
charge of £100 per person must be paid.
6.Cancellation by you
You may cancel your booking at any time providing that
the cancellation is made by the person making the booking
and is communicated to us in writing. As we incur costs
when you cancel, we will retain your deposit and additional
cancellation charges may apply.
If the reason for cancellation
is covered under the terms of an insurance policy you
may be able to reclaim these charges.
Packages
|
Period before departure within which notice of cancellation
is received by us |
Cancellation charge |
|
More than 56 days |
Deposit only |
|
Between 28 and 56 days |
60% of total holiday cost |
or full cost of deposit whichever is the higher |
|
Between 27 and 7 days |
90% of total holiday cost |
|
Less than seven days |
100% of total holiday cost |
Other travel arrangements
Most discounted airline tickets carry a 100% cancellation
charge. Please check at time of booking for the charges
which apply to your ticket. Air tickets that do have a refund
value should be returned by you to Benz Travel and we will
pass them to the airline. When Benz Travel receives a refund
it will be paid to you. This usually takes 8-12 weeks but
in some cases (e.g. lost tickets) may take considerably
longer. Please ensure that any tickets returned to the company
are sent by registered post.
7.Alterations by Benz Travel
We reserve the right to change the description of any flight
and/or ground service before you book, in which case you
will be told before a confirmation invoice is issued.
Packages
It is unlikely that we will have to make any changes
to your travel arrangements, but we do plan the arrangements
many months in advance. Occasionally we may have to make
changes and we reserve the right to do so at any time. Most
of these changes will be minor and we will advise you or
your travel agent of them at the earliest possible date.
If we make a major change to your holiday, we will inform
you or your travel agent as soon as reasonably possible
if there is time before your departure. You will have the
choice of either accepting the amendment as notified, purchasing
another holiday from us with the price difference payable/refundable
as appropriate, or cancelling the arrangement(s) and receiving
a full refund of all monies paid. In addition, you will
receive the compensation listed below, except in cases of
"force majeure".
|
Period before departure within which notice of major
change is made to you |
Amount of compensation per person |
|
More than 56 days |
Nil |
|
Between 56 and 42 days |
£10 (Ten Pounds) |
|
Between 41 and 28 days |
£20 (Twenty Pounds) |
|
Between 27 and 15 days |
£30 (Thirty Pounds) |
|
Less than 15 days |
£40 (Forty Pounds) |
The compensation that we offer
does not exclude you from claiming more if you are entitled
to do so.
Force majeure This
means that we will not pay you compensation if we have
to cancel or change your travel arrangements in any way
because of unusual or unforeseeable circumstances beyond
our control. These can include, for example, war, riot,
industrial dispute, terrorist activity and its consequences,
natural or nuclear disaster, fire, adverse weather condition.
Other travel arrangements
Benz Travel is obliged and will endeavour to notify all
changes before departure if it is possible to do so. (Please
see section 14 Flights.) No compensation is payable by
us in such cases. We will endeavour to find you a suitable
alternative if appropriate.
8.Cancellation by Benz Travel
Packages
We reserve the right to cancel your holiday in any circumstances.
For example, if the minimum number of clients required
for a particular holiday is not reached, we may have to
cancel it. However we will not cancel your travel arrangements
less than 8 weeks before your departure date, except for
reasons of force majeure or failure by you to pay the
final balance. If we are unable to provide the booked
travel arrangements, you have the choice of purchasing
another arrangement from us, if available, with the price
difference payable/refundable as appropriate, or of receiving
a full refund of all monies paid to us (except insurance
premium). In addition, unless the cancellation has been
caused by "force majeure" (defined in Clause
7 above) compensation will be paid on the scale set out
in Clause 7 above.
Other travel arrangements
In the unlikely event that a booking has to be cancelled,
for any reason other than non-payment by you, we will
offer you alternative travel arrangements if these are
available. Or, you can have a full and prompt refund of
all monies paid to Benz Travel less any insurance premiums
and amendment fees. No compensation is payable.
9.Pricing Policy
All of our travel arrangements and fares are subject to
availability. Once a confirmation invoice has been issued
the price shown on that invoice may only vary as outlined
below or if you amend your booking (see Clauses 4 and
5).
Packages
The price of your travel arrangements can be varied due
to changes in transportation costs (e.g. airfares and
cost of fuel), changes in dues and taxes (including VAT)
or fees payable for services (e.g. landing taxes or embarkation/disembarkation
fees at ports and airports) or to reflect fluctuations
in exchange rates. In the case of any small variation
an amount equivalent to 2% of the invoice price (excluding
insurance premiums and amendment charges) will be absorbed
or retained. For larger variations this 2% will still
be absorbed for increases but not retained from refunds.
In either case there will be an administration cost of
£1.00 per person, together with an amount to cover
travel agents' commission (if applicable). If this means
that you have to pay an increase of more than 10% of the
invoice price you will be entitled to cancel the booking
and receive a full refund of all monies paid (excluding
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. If you decide
to cancel in these circumstances you must do so within
14 days of the issue date on the surcharge invoice.
Other travel arrangements
For air tickets, after we have received full payment in
cleared funds we will not increase the price. For all
other situations, we reserve the right to pass on any
cost increase levied by the suppliers.
10.Our Liability
Packages
(i) We accept responsibility for ensuring that the package
booked with us is supplied as described. If any part is
not provided as promised, due to the fault of employees,
agents or suppliers, we will pay you appropriate compensation
if this has affected your enjoyment of the package. Subject
to (ii) below our liability in all cases is limited to
a maximum of two times the cost of your travel arrangements.
(ii) We accept responsibility for personal injury, illness
or death caused by the negligent acts and/or omissions
of our employees, agents, suppliers or sub-contractors,
whilst 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.
(iii) Our liability is limited in the manner provided
in certain international conventions, in respect of travel
by air, sea and rail.
If you suffer a personal injury, death or serious
difficulties as the result of an activity which does not
form part of the package you have booked with us, we will
offer you such advice and guidance as is reasonable in
all the circumstances and, where appropriate and at our
discretion, financial assistance up to a limit of £5,000
per confirmation invoice (not per member of your party).
Where legal proceedings are contemplated and you want
our assistance, you must obtain our written consent prior
to commencement of proceedings. Assistance must be requested
within 90 days of the incident concerned and is repayable
to the Company from any monies received from a third party
or under any insurance policy.
Other travel arrangements
In consideration of the fact that we act only as a booking
agent, we have no liability whatsoever for any aspect
of the arrangements and, in particular, no liability for
any loss, personal injury or death however incurred, except
where caused by our own proven negligence.
11.Complaints
If a problem occurs, whilst you are abroad, you must inform
the relevant supplier (e.g. hotel, tour operator, car
rental company, airline) immediately so that the matter
can be put right. If the supplier cannot resolve the problem
to your satisfaction, at the time, you must also contact
us immediately by telephoning London 0207 462 0000 so
that we are given the opportunity to help. In the event
that a complaint cannot be resolved at the time, you must
write to us within 28 days of your return, quoting your
original booking reference and giving all relevant information.
Failure to take these steps will hinder our ability to
resolve the problem and/or investigate it fully and in
consequence, any right to compensation you may have may
be extinguished or reduced.
12. Passport, Visa and Health Requirements
Please ensure that you are aware of all passport, visa
and health requirements and that you allow adequate time
to obtain them. You must check applicable requirements
with the relevant Embassy, Consulate or Passport Agency.
Please note that many countries require that your passport
is valid for six months beyond the period of your stay.
Requirements can change and it is your responsibility
to ensure that you comply with applicable passport, visa
and health requirements and take all necessary documents
with you to gain access to any country or region to which
you make travel arrangements or transit through. Benz
Travel cannot accept any responsibility for customers
who do not possess the correct documents and if you fail
to do so, you will be solely responsible for any cost,
loss or damage that you incur as a result of your failure.
Helpful information can be found on the websites www.fco.gov.uk/travel
and www.doh.gov.uk/traveladvice.
13.Suppliers' Conditions
Please note that, as between you and any of the suppliers
whose services form part of your booking, the suppliers'
standard terms and conditions will apply. The suppliers'
standard conditions may limit or exclude liability, often
in accordance with international conventions. Copies of
these conditions may be requested in writing.
14.Flights
Please note that a flight described as "direct"
will not necessarily be non-stop. All departure/arrival
times are provided by the airlines concerned and are estimates
only. They may change due to air traffic control restrictions,
weather conditions, operational/maintenance requirements
and the requirement for passengers to check in on time.
Benz Travel will advise if there is any change
to a departure/ arrival time previously given to you or
shown on your ticket but you are also strongly advised
to reconfirm your flights, including departure times,
with the airline, 72 hours prior to departure.
We are unable to make any special arrangements for you
if you are delayed; these matters are at the sole discretion
of the airline concerned.
15.Special Requests
If you have any special requests, these will be passed
on to the relevant supplier but cannot be guaranteed by
Benz Travel.
16.Financial Security
Benz Travel holds ATOL number 3448, which ensures that
you would be refunded and/or repatriated in the unlikely
event of our insolvency. Note however that if a valid
scheduled ticket is despatched by the end of the working
day following day of booking then this would constitute
a "ticket provider" sale and therefore not be
covered by our ATOL.
17.We strongly recommend that you take
out travel insurance for your whole journey.
|
|