Lotus Journeys UK - Booking Terms and Conditions

1. DEFINITIONS

1.1 Booking:

An Order made by you Online, by telephone or by post for the purchase of a Package or Other Holiday Arrangement with or through us, which is accepted by us in accordance with these terms and conditions.

1.2 Force Majeure:

Unusual and unforeseeable circumstances beyond our control, the circumstances of which neither we nor our suppliers could avoid. Examples of which are war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems to transport, staff cancellations, or other similar events beyond Lotus Journey's control.

1.3 Major change:

One made before departure that involves a change in your resort area overseas, or a change in the type and standard of accommodation to that which you had booked.

1.4 Minor change:

Any change apart from a Major change.

1.5 Online:

Our online enquiry service which is available through our website www.lotusjourneys.com, where we make Packages or Other Holiday Arrangements available to you for purchase.

1.6 Order:

An order made by you to us Online, by telephone or by post for a Package or Other Holiday Arrangement.

1.7 Other Holiday Arrangement:

Any other Booking which is not a Package.

1.8 Package:

A combination of accommodation and another tourist service which forms a significant part of your Booking, providing that those two or more components, pre-arranged by us, are sold to you at the same time by us at an inclusive price with full payment being made to us.

1.9 Personal Data:

The meaning ascribed to it in the Data Protection Act 1998 and/or any other applicable data protection legislation.

1.10 Underbooking:

Circumstances where the number of persons who have booked a Package or Other Holiday

Arrangement is less than the minimum required, in our view, to make it commercially viable.

1.11 We, our, ourselves us:

LOTUS JOURNEYS LTD

1.12 You, your, yourself:

Any person who makes a Booking for a Package or Other Holiday Arrangement, either directly (as principal) or indirectly (as another beneficiary) with us.

2. CONTRACT

2.1 These terms and conditions govern all Bookings you make with us.

2.2 They vary according to whether you make a Booking with us for a Package or Other

Holiday Arrangement. If you book Other Holiday Arrangements from us, we will make the Booking as a booking agent for the relevant supplier(s) (e.g. hotel supplier, operator) concerned and your contract for your Other Holiday Arrangement will be subject to the supplier's terms and conditions (which may limit or exclude liability often in accordance with international conventions).

2.3 You should read the relevant suppliers terms and conditions before booking, copies of which are available on request by contacting us by telephone or email.

2.4 No contract shall come into existence between us until:

(a) we accept your Order;

(b) we have received the appropriate deposit or full payment from you; and

(c) a confirmation invoice has been issued.

2.5 We reserve the right to refuse, at our sole discretion, any Order you place with us.

2.6 All Packages and Other Holiday Arrangements, which we advertise, are subject to availability.

2.7 When you make a Booking with us and by submitting your Order to us you guarantee that you have the authority to accept (and do accept) these conditions on your behalf and on behalf of all members of your party.

2.8 If you are making a Booking on behalf of others beside yourself, we shall take it that you have the authority of each of those people to enter into that contract and that you and they have agreed to be jointly and severally liable to us.

3. BOOKING YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

3.1 Bookings can be made:

(a) over the telephone; or

(b) by post.

3.2 For each method of Booking you must:

(a) provide us with all information which we require;

(b) ensure that all information which you provide to us in your Order is accurate and correct; and

(c) ensure that the method of payment you are using is your own (or if it is a third party's you have their express authorisation, as confirmed to us in advance in writing), and that sufficient funds are available to cover the cost of the Package or Other Holiday Arrangement which you book with us.

3.3 Bookings made over the telephone and by post.

(a) We require full payment details, or a non-refundable minimum deposit from you at the time you make the Order to us for a Package or Other Holiday Arrangement.

(b) When we receive your Order we shall send you a "booking reference" which you must quote in all future correspondence with us.

(c) If we accept your Order we shall debit payment from you as specified in paragraph 4 and despatch a confirmation invoice to you which shall confirm your Booking with us.

(d) If we cannot or do not accept your Order we shall notify you accordingly.

4. PAYING FOR YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

4.1 Bookings made over the telephone or by post.

(a) For Packages a provisional reservation may be made by telephone and will be held for one week, pending receipt of your completed booking form and deposit.

(b) If a deposit is paid for a package, the balance payment will be due 8 weeks (56 days) before departure. We will remind you 9 to 10 weeks prior to departure.

(c) If you are making your booking within the 8 weeks before departure, full payment will be necessary with the booking form.

(d) Lotus Journeys reserves the right to cancel any booking for which full payment has not been received 8 weeks before departure, and to levy cancellation charges.

4.2 Payment Method

We accept payment by:

(a) personal or Company cheque made payable to "Lotus Journeys Ltd". These are only accepted for Orders made over the telephone or by post and we require 10 business days to clear payments made by cheque;

(b) cash. Please note that we do not accept responsibility for cash sent by courier, or post, even if sent by registered, recorded post or special delivery;

(c) personal or Company bank transfer.

5. AMENDING YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

5.1 If you wish to alter your Booking, you must let us know in writing and we will do our best to help you. There may be extra charges which your changes incur, due to changes in the cost of the Package itself.

5.2 If after Booking, you or any member of your party, are unavoidably prevented from proceeding with your Package, you can transfer the Booking to a substitute person, providing that:

(a) it is not less than 30 days before departure;

(b) your request is received in writing by the Customer Service Manager;

(c) the transfer notice is signed by the person who made the Booking;

(d) an administrative fee of £50 per person is paid; and

(e) the substitute person satisfies all the conditions applicable to your particular Package.

5.3 Both the person taking and the person leaving the Booking will be responsible for paying any additional costs arising from the requested transfer such as any extra charges imposed by a service provider of your Package.

5.4 Due to tickets being issued shortly after you place your Order, if you make a Booking for Other Holiday Arrangements, any alteration (or any request for a transfer of a Package less than 30 days from your departure date) will be considered a cancellation by you and you will be required to pay the rebooking and cancellation charges set out in paragraph 6.3 and 6.4 below.

6. CANCELLING YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

6.1 You and/or any member of your party may cancel your Booking at any time providing that the person who made the Booking informs us of the cancellation in a letter or fax signed by themselves.

6.2 The cancellation only takes effect from the date at which the notification reaches our office.

6.3 Since we incur costs in cancelling your Package or Other Holiday Arrangements, a charge will be made which varies with the amount of time between us receiving your written confirmation of your cancellation and commencement of your holiday.

6.4 The charges made are as follows:

Up to 42 days before departure Loss of deposit

41-28 days before departure 50% of total price

27-14 days before departure 65% of total price

13 days or less before departure 100% of price

7. CANCELLATION/ALTERATION RIGHTS AND CHARGES

All rights of cancellation, alteration and the accompanying charges in these conditions are subject to any limitations and charges imposed by our supplier and we reserve the right to limit the terms of such conditions and/or raise the charges specified in accordance with our suppliers' terms and conditions and to pass on to you any costs imposed on us by suppliers in respect of any alteration or cancellation made by you.

8. OUR ALTERATION OF YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

8.1 We reserve the right to change the price and/or description of any Package or Other Holiday Arrangement before a Booking is made and full payment has been received by us.

8.2 Alterations to Packages:

(a) Occasionally it may be necessary to amend the accommodation or other services, which make up a part of your Package after we have issued your confirmation invoice.

(b) Where a change is a Minor Change we will, if practical, advise you before departure, but we are not obliged to do so or to pay you compensation.

(c) If a Major Change is necessary, we will inform you as soon as reasonably possible if there is time before your Package commences.

(d) If a Major Change is necessary, we will offer you the choice of:

(i) accepting the amendment as notified; or

(ii) purchasing another Package from us with the price difference payable/refundable as appropriate; or

(iii) cancelling your Package.

(e) Once we have notified you of a Major Change you must communicate your decision to us as soon as possible after receiving such notification.

(f) If you choose to cancel the Package under paragraph 9.2(d)(iii), all payments, which you have made to us for the Package, will be refunded (except any insurance premium and/or any amendment fees incurred).

(g) In addition, you may, at our discretion, be entitled to compensation commensurate with the inconvenience suffered (on assumption the full balance has been paid).

8.3 Alterations to Other Holiday Arrangements.

(a) We will endeavour to notify you of all changes before the commencement of your Other Holiday Arrangements if it is practicable to do so.

9. OUR CANCELLATION OF YOUR PACKAGE OR OTHER HOLIDAY ARRANGEMENT

9.1 Cancellation of Packages.

(a) If we cancel your Booking before the commencement of your Package for any reason other than non-payment by you then we shall offer you the choice of:

(i) taking an alternative Package from us (and where this is of a lower price we will refund the difference); or

(ii) accepting a full refund of all monies paid to us by you (except insurance premiums and/or any amendment fees incurred).

(b) In addition, where such cancellation is not due to Force Majeure or Underbooking, you may, at our discretion, be entitled to compensation commensurate with your inconvenience.

(c) Notwithstanding the provisions of this paragraph, we will not cancel a Package within 30 days of scheduled commencement of your Package except for reasons of Force Majeure, Underbooking or for non receipt of the full purchase price from you for your Package.

9.2 Cancellation of Other Holiday Arrangements.

In the unlikely event that your Booking has to be cancelled a full refund will be made of all monies paid to us to the person making the Booking (less any insurance premiums and/or amendment fees incurred).

10. OUR PRICING POLICY

10.1 Alteration in the price of your Packages.

(a) The price of your Package will be held and no surcharges imposed less than 30 days before departure.

(b) However, before that time, the price of your contract with Lotus Journeys may be subject to surcharges in addition to the price quoted in your confirmation invoice for increases in the following:

(i) fees payable for services; and/or

(ii) the exchange rate applied to the particular Package or Other Holiday Arrangement.

(c) If such surcharges become necessary, we will absorb an amount equivalent to 2% of the holiday price excluding insurance premiums and any amendment charges.

(d) Only amounts in excess of 2% will be surcharged. If the surcharge exceeds 10% of the full purchase price for your Package as shown on your confirmation invoice (excluding insurance premiums and/or amendment charges) you will be entitled to cancel you Booking. If you elect to cancel your Booking we shall send you a full refund of all monies paid to us (excluding insurance premiums and/or amendment charges).

(e) To be entitled to this refund, your letter of cancellation must reach us within 14 days of the issue date of our revised invoice detailing the additional surcharge which has become due.

10.2 Alteration in price of your Other Holiday Arrangements.

While every effort is made to avoid additional surcharges, we reserve the right to pass on to you any cost increase levied by the supplier of your Other Holiday Arrangements prior to our receipt of the full purchase price (in cleared funds) from you.

11. OUR RESPONSIBILITY IN RESPECT OF YOUR PACKAGE

11.1 If any part of your Package you book with us is not as described and/or is not of a proper standard, we will pay you reasonable compensation subject to the provisions in paragraphs

11.2, and such compensation will be limited in accordance with 11.3 and 11.4.

11.2 If claiming compensation because your Package is not as described and/or is not of a proper standard, you must follow our complaints procedure as specified in paragraph 13 below.

11.3 In calculating your compensation for a deficiency in your Package we shall take into account all relevant factors including:

(a) the price which you paid for your Package;

(b) any steps it was reasonable for you to take to minimise the inconvenience/damage which you suffered;

(c) any limitation applicable in any relevant international convention which govern such services included in the Package; and

(d) the extent to which the deficiency or improper performance affected your enjoyment of the Package.

11.4 We shall not be liable to pay you compensation for a deficiency in your Package which:

(a) does not result from any fault on our part or that of our suppliers;

(b) arose from circumstances which were unusual or unforeseeable and neither we nor our suppliers (even if all due care had been exercised) could have anticipated or avoided;

(c) is attributable to you; and/or

(d) is attributable to a third party who is unconnected with the provision of the services included in your Package.

11.5 Nothing in this paragraph 11 shall be construed as an attempt to exclude our liability for personal injury, illness or death arising from our negligence or the negligence of our suppliers whilst acting within the scope of, or in the course of their employment, in the provision of any services provided as part of your Package.

11.6 Dolphins and whales are wild animals and whilst all "Dolphin Retreats' holidays take place in destinations renowned for their abundance of dolphins, contact with either of these animals cannot be guaranteed.

12. OUR RESPONSIBILITY IN RESPECT OF YOUR OTHER HOLIDAY ARRANGEMENTS

In arranging Other Holiday Arrangements we act as a disclosed agent for third party suppliers, such as a tour operator or a hotel. This means that the contract for the product is between you and the supplier. We therefore have no contractual liability to you in respect of that product, if your Other Holiday Arrangement is deficient and, in particular, we have no liability for any loss, personal injury or death however incurred unless such loss (including consequential loss e.g. loss of income). However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

13. COMPLAINTS

13.1 If a problem occurs whilst you are on holiday it must be reported to the relevant supplier (e.g. hotel) so that any problem may be remedied on the spot.

13.2 If the supplier cannot resolve the problem to your satisfaction, you should contact us so that we are given the opportunity to help.

13.3 If your complaint is not 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.

13.4 Failure to notify us within the period specified in paragraph 13.3 may hinder our ability to resolve your complaint and/or investigate it fully and as a consequence, any right to compensation you may have could be prejudiced.

14. PASSPORT, VISA AND HEALTH REQUIREMENTS

14.1 You are responsible for:

(a) ensuring that you have a passport valid for 6 months after departure;

(b) checking with the applicable Embassy or Consulate to see whether the destination(s) that you are visiting requires a visa, especially if you do not hold a passport marked 'British Citizen'.

(c) ensuring that you comply with applicable health requirements; and

(d) taking all necessary documents with you to gain access to any country or region which you visit.

14.2 If you fail to do so, you will be solely responsible for any cost, loss or damage, which you or we incur, as a result of your failure.

15. BEHAVIOUR

15.1 It is your responsibility to ensure that you do not behave in a way which is inappropriate or causes offence or danger to others or which risks damage to property belonging to others whilst undertaking a Package or Other Holiday Arrangement.

15.2 We reserve the right to terminate any such persons Package or Other Holiday Arrangement if their conduct is disruptive or detrimental to the enjoyment of other clients, or if their conduct may prejudice the reputation of Lotus Journeys with our suppliers or hotel owners

15.3 We shall be under no liability for any costs incurred by such a person as a result of our so doing. Any such person will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, any such person will be liable to reimburse us for any expenses we incur as a result of such termination.

16. DOCUMENTS

It is your responsibility to check your documents immediately upon receipt. If any details are incorrect you must advise us immediately.

17. SPECIAL REQUESTS

If you have any special requests you should inform us of these at the time of booking. We will endeavour to advise the relevant supplier of such requests but we cannot guarantee they will be met.

18. PRE TRAVEL ADVICE

The Foreign and Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check whether or not such information has been issued, on BBC (Ceefax) page 470 or on the Internet under the address "www.fco.gov.uk" prior to the commencement of your Package or Other Holiday Arrangement.

19. SPECIAL EVENTS

In certain instances where special events are taking place our normal Booking conditions may be subject to change.

20. INSURANCE

We strongly recommend that our clients are covered by comprehensive insurance and do not undertake a Package or Other Holiday Arrangements against medical advice. At a minimum the insurance cover should cover the costs incurred if you make a cancellation and the cost of assistance, including repatriation, in the event of an accident or illness whilst you are abroad. It is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs.

21. PERSONAL DATA

Any Personal Data which we hold is subject to our privacy policy which is incorporated into these terms and conditions. Details of our privacy policy are available on our website.

22. THIRD PARTY RIGHTS

A person who is not a party to these terms and conditions shall have no rights under the Contracts (Rights of Third Party Act 1999) to enforce any term of this Agreement. This paragraph does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

23. LAW

These terms and conditions shall be governed and construed in accordance with English law and the English courts shall have exclusive jurisdiction to adjudicate any dispute which arises thereto.