The conditions set out below together with the relevant web site descriptions will form part the contract between you and everyone else named in the booking form added subsequently ("you') and JMB Travel Consultants Limited of Gloucester GL2 9QU ('us').
1.To make
a booking
Please complete the online booking form together with a deposit of £260
per person . (NB:For Late Bookings, see paragraph 2 below). On receipt of your
booking form and deposit we will send you a confirmation invoice. The contract
between us is made when we issue the confirmation invoice. We will do our best
to comply with any special requests indicated on your booking form but cannot
guarantee that we will be able to do so.
You may make a provisional booking by telephone. In that case you will need
to complete a booking form to obtain a confirmed booking. The balance of your
holiday price must be paid at least eight weeks before departure, otherwise
we may cancel your holiday and levy the cancellation charges set out in paragraph
11 below. The person completing the booking form does so on behalf of the entire
party and he or she is primarily responsible for all payments. The charge of
2.5% which is made by the relevant Credit Card Company will be levied on all
credit card transactions for the payment of your holiday.
2. Late Bookings
lf you book less than eight weeks before departure, we will do our best to
accept your late booking, but please be warned that we usually have to
release surplus accommodation and seats back to hotels and airlines eight
weeks before departure. It is not always possible to get back on the same
basis what we have released. If we are able to accept your late booking,
we will confirm it on the phone and ask you to send full payment with your
booking form immediately.
Cancellation by you after confirmation will incur the cancellation charges
set out in paragraph 11 Below.
3. Holiday
Price
Your holiday price and what it includes are clearly set out on the web site
for each individual quoted holiday. The prices are based on quotations and
estimates received from airlines, hotels and handling agents and closing exchange
published rates in the Financial Times on 2nd October 2000. Currency, flight
and other costs associated with your holiday are susceptible to change and
currency exchange rates can fluctuate sharply. We are obliged, therefore, to
reserve our right to levy a surcharge in respect of transportation costs, the
cost of fuel, airport charges, governmental action or currency fluctuation.
In the unlikely event that there is a surcharge we will absorb an amount to
2% of the total holiday cost, excluding the insurance premium and any amendment
charges. We promise never to impose a surcharge less than thirty days before
you departure.
4. Our Responsibilities
to You
We accept liability if any of the services we are contractually obliged to
provide prove deficient and not of a reasonable standard or if you suffer personal
injury or death as a result of any of the services or facilities we arrange
for you UNLESS the deficiency, lack of reasonable standard, personal injury
or death is not attributable to us, nor to the fault of our suppliers, but
is attributable to your fault, to the actions of someone unconnected with your
holiday or to any unusual and unforeseeable circumstances beyond our control
which neither we nor our suppliers could have anticipated or avoided even exercising
all due care.
Except in the case of personal injury or death, the maximum compensation we
will pay you for a deficiency or lack of reasonable standard ('a deficiency')
is a full refund of the holiday price, together with reimbursement of any expenses
that you are obliged to incur because of the deficiency and 50% of the holiday
price per person affected by the deficiency. Our assessment of the reasonable
compensation to which you are entitled will depend upon the circumstances of
your particular case. The conditions of carriage of any airline or other transportation
company providing a component of your holiday arrangements are incorporated
into this contract. Please note that if you suffer death or personal injury
in the course of air, sea or rail travel or in connection with hotel accommodation,
the amount of compensation you will receive is limited by certain International
Conventions. These are the Warsaw Convention, as amended by the Hague Protocol
1955 (air), the Berne Convention 1961 (rail), the Athens Convention 1974 (sea)
and the Paris Convention 1862 (hotels). If you wish to see copies of these
Conventions please write to us allowing 28 days for a reply.
We cannot accept liability if you suffer personal injury or death from an activity
which is not part of the holiday arrangements we make for you. However, if
you are in difficulty, we will endeavour to give you prompt assistance, including
help and guidance.
5. Your Responsibilities
to us
You must make sure that you have a valid passport and, if appropriate, a visa
for your holiday. If your holiday arrangements include a hire car, you must
make sure you take a valid EC or International, as appropriate, driving licence
with you. We cannot be held liable if you do not. If we incur any expense in
helping you because you do not have with you a valid passport/visa or driving
licence, you will have to reimburse us. Similarly you should also check and
ensure that you comply with any health requirements applicable to the place(s)
to which you are travelling.
6. Changes
to your Holiday by us
We will do our best to avoid having to change your holiday, but we reserve
the right to make changes. A change may be 'significant' or 'minor'. A 'Significant'
change wilt be a change of your place of departure (except between Gatwick
and Heathrow), a change of departure time by more than twelve hours, a change
of accommodation to a lower grade than booked or a surcharge of more than 15%
of the holiday price, excluding insurance premium and amendment fees. Any other
change will be minor.
We reserve the right to make minor changes at any time. We will, if practicable,
notify you of minor changes in advance, but we are not obliged to do so nor
are we obliged to pay compensation. If there is a significant change, we will
tell you as soon as practicable and offer you a choice of three options. The
first option is to accept the suggested alteration. The second option is to
change your booking to another holiday operated by us and available. (If the
replacement holiday is more expensive, you will have to pay the difference:
if it is cheaper, we will give you the appropriate refund.) The third option
is to cancel your holiday altogether and to receive a full refund.
In the unlikely event that we have to make a significant change after your
holiday has started, or if we become unable to provide a significant proportion
of the services booked, we will either arrange for you to return to the UK
(if you wish) and give you a refund in proportion to the cost of the services
not received, or we will make alternative holiday arrangements for you.
Unless a significant change is caused by 'force majeure' (that is, unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, for example, war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control), or "low bookings" (this refers to the fact that we may require a minimum number of bookings before being able to operate the holidays described in this brocure at the prices shown), we will pay compensation for significant change in accordance with the table set out below:-
| Days before departure when significant change notified | Compensation per person |
| More than 56 days | Nil |
| 56-40 | £10 |
| 39-20 | £15 |
| 19-10 | £20 |
| 9-0 | £25 |
7. Web Site
Accuracy
We endeavour to ensure that our web site is correct and accurate. However, the
accommodation, services and facilities described in the web site are generally
outside our control and, therefore, we reserve the right to change any of the
accommodation, services, facilities or prices described in this web site at any
time before accepting your booking.
8. Flights
Flight timings are provided by airlines and we are subject to air traffic control
restrictions, weather conditions, potential technical problems etc. We
cannot guarantee that flights will depart at the times given by us or shown
on your tickets.
We cannot be held liable for any delay which occurs.
9. Changes
to your Holiday by you
Changes of names are dealt with in paragraph 10 below. Subject to availability,
we will make any other amendment to your holiday you want provided you request
the amendment In writing and pay the appropriate amendment fee. Requests received
more than six weeks before departure will incur an amendment fee of £20.00
per person to cover administration costs. An amendment request received within
six weeks of departure will be treated as a cancellation and re-booking, in
which case the cancellation charges set out in paragraph 11 below will apply.
NB: Please note that if one or more members of the party cancel, this may involve
the remaining members having to pay more for their holiday - see Price Table.
10. Name
Changes
Subject to certain conditions, you may transfer your booking to another person.
Those conditions are:-
(a) You must show us documentary proof of a serious reason which prevents you
from travelling, such as your own personal injury or illness, the personal
injury, illness or death of a close relative, jury service, redundancy or an
unavoidable work commitment.
(b) The person wishing to take over your booking must agree to be bound by
our booking conditions.
(c) You, or the person taking over your booking, must pay any final balance
due before the name change is affected.
(d) You must pay an administration fee of £20.00 per name change, as
well as all additional charges of whatever type which our suppliers may impose.
Airlines may charge a 100% cancellation fee and the cost of a replacement ticket.
(e) Any request to transfer your booking must be sent to us in writing to arrive
at least 21 days before you are due to depart. It must be signed by the person
who signed the booking form and must be accompanied by the documentary proof
referred to in (a) above, full details of the proposed new passenger, payment
of the final balance if applicable, payment of the administration fee and additional
charges in accordance with paragraph (d) and any travel documentation already
issued to you by us.
11. Cancellation by you
Cancellations must be notified to us by telephone and in writing. The following
cancellation charges apply, the days in question being calculated from the
date on which we receive your written cancellation:-
| Days before departure when written cancellation received | Cancellation Charge |
| More than 56 days | Deposit |
| 35-56 days (inclusive) | 40% of the holiday cost |
| 21-34 days (inclusive) | 60% of the holiday cost |
| 20 days or less | 100% of the holiday cost |
Holiday cancellation insurance is available from your travel agent, insurance broker or directly from us. We strongly recommend that you take out adequate holiday cancellation insurance.
12. Cancellation
by us
We reserve the right to treat your holiday as cancelled and levy the cancellation
charges set out in paragraph 11 above if you fall to make final payment when
it becomes due - see paragraph 1 above. On rare occasions we have to cancel
client's holidays before departure for other reasons, such as low bookings
(see paragraph 6 above), and we reserve the right to do so. However, we will
not cancel your holiday less than eight weeks before departure except for reasons
of force majeure. If we do cancel your holiday, we will offer you the choice
of an alternative available holiday or a full and prompt refund of all monies
paid. If you choose an alternative holiday which is more expensive you will
have to pay the difference, but if it is cheaper, we will refund the difference.
In addition, If we cancel your holiday for any reason other than force majeure
or low bookings we will pay you compensation on the scale set out in paragraph
6.
13. If something
goes wrong
II you are unhappy about any aspects of your holiday arrangements, please let
us/our representative know straightaway so that immediate steps can be taken
to rectify the problem. Failure to do this may reduce or even extinguish your
legal right to compensation. In the unlikely event that there Is a problem
and it is not resolved to your satisfaction while you are on your holiday and
you wish to complain, please write within 28 days of your return to the UK.
14. Insurance
You must take out travel insurance to cover cancellation charges and emergency
assistance, including repatriation, in the event of accident or illness.
Details of a suitable policy you can take out through us are available.
If you make your own insurance arrangements, please enter the name of your
insurer where Indicated on the booking form.
15. Financial
Protection
The air holidays on this web site are ATOL Protected, since we hold an Air
Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL
number is ATOL 3539. 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.
Where the package is hotel and opera only, we comply with the financial protection
aspects of the Package Travel
Regulations through a trust account into which your money is placed when you
book and from which your money is only released when you have completed your
package.
16. Law and
Jurisdiction
This contract and any matters arising from it will be governed by and construed
in accordance with English law and will be subject to the jurisdiction of the
courts of England and Wales.
17. Changes
to the cast
In the event that any member of the cast of a particular Opera/Concert is unable
to perform for any reason, we JMB Travel Consultants cannot be held responsible
for this change. However in the event that the Opera/Concert is cancelled completely
the face value of the tickets will be refunded.
18. Airport
departure tax (UK and Overseas)
Due to the continuing change of the airport tax level, we have not included
this item in the holiday cost, the appropriate amount will be added to your
invoice at the relevant date at the time of making your reservation.
19. Outdoor
Events
In the event of adverse weather conditions a full refund of the face value
of the performance ticket will be made only if the performance fails to start
and payment must be collected from the box office. If abandonment occurs into
the start the conditions of the ticket purchased prevent any refund.
JMB Travel Consultants Ltd
2nd Floor
Dowty House
Anson Business Park
Cheltenham Road East
Gloucester
GL2 9QU