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YOUR CONTRACT WITH DIAMOND CRUISES.
"All the flights and flight-inclusive holidays[on this website - as appropriate] are financially protected by the ATOL scheme. When you pay you
will be supplied with an ATOL Certificate. Pleaseask for it and check to ensure that everything you booked (flights, hotels andother services) is listed on it. Please see our booking conditions for furtherinformation or for more information about financial protection and the ATOLCertificate go to: www.atol.org.uk/ATOLCertificate"
1. Contract: Diamond Cruises is a trading name of Allison Brothers Limited, whose registered office is at 18 Whitchurch Lane, Edgware, Middlesex HA8 6JZ.
"Your Financial Protection
When you buy an ATOL protected flightor flight inclusive holiday from us you will receive an ATOL Certificate. Thislists what is financially protected, where you can get information on what thismeans for you and who to contact if things go wrong. “We, or the suppliers identified on your ATOL Certificate, will provideyou with the services listed on the ATOL Certificate (or a suitable alternative). Insome cases, where neither we nor the supplier are able to do so for reasons ofinsolvency, an alternative ATOL holder may provide you with the services youhave bought or a suitable alternative (at no extra cost to you). You agree toaccept that in those circumstances the alternative ATOL holder will performthose obligations and you agree to pay any money outstanding to be paid by youunder your contract to that alternative ATOL holder. However, you also agreethat in some cases it will not be possible to appoint an alternative ATOLholder, in which case you will be entitled to make a claimunder the ATOL scheme (or your credit card issuer where applicable).”
“If we, orthe suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternativeATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air TravelTrust may make a payment to (or confer a benefit on) you under the ATOL scheme.You agree that in return for such a payment or benefit you assign absolutely tothose Trustees any claims which you have or may have arising out of or relatingto the non-provision of the services, including any claim against us, thetravel agent (or your credit card issuer where applicable). You also agree thatany such claims may be re-assigned to another body, if that other body has paidsums you have claimed under the ATOL scheme.”
These Booking conditions govern all bookings with Diamond Cruises. They vary depending on whether you book a "package" or "other holiday 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 the Company. Anything else (e.g. air tickets only, air tickets and accommodation booked at different times or a cruise only) constitutes "other holiday arrangements", which the Company makes as a booking agent, your contract being with the supplier(s) (e.g. the airline or hotel supplier) concerned. Any booking made or order placed by you, whether through the Company's website or otherwise, shall be deemed an offer by you to purchase the relevant package or other holiday arrangement subject to these booking conditions. No contract between you and the Company shall come into existence until the Company accepts full payment and issues a confirmation invoice. All contracts with the Company and all matters arising from them are subject to English law and to the exclusive jurisdiction of the courts of England and Wales. The person who makes the booking accepts these conditions on behalf of all members of the party and is responsible for all payment due from the party. Booking services with the company are currently only available to persons who are at least 18 years old. By submitting a booking you warrant and confirm to us that you comply with those arrangements.
Full payment for all products including promotional and offer fares based on foreign currency is required at the time of booking regardless of the product arrangements being confirmed. In the event that the Company is unable to obtain confirmation and cannot offer an alternative, a refund will be issued. The Company will not accept responsibility for cash sent through the post. The company reserves the right to pass on any charges relating to returned cheques and credit card charge backs. Taxes do fluctuate in line with exchange rates and will be recalculated on the day final balance payments are collected. You will be advised if additional monies are due. Payment by credit/debit card Payment can be made by Switch/Delta Cards and all major Credit Cards. The Company reserves the right to charge you in addition for any handling fees incurred by us in relation to bookings made by credit or charge card. You will be notified of the relevant charges prior to issue of a confirmation invoice. If your travel documents are being paid for with a third party credit/debit card we will require written authorisation to be provided by the card holder. We would also like to draw your attention to the purchase of products 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 card holder and not the address of the passenger (unless they are one and the same). We strongly recommend that all documents be sent to you by Registered Post or Courier Service to your home, office or departure airport for an additional fee. Documents can be mailed by First Class post, but the Company will not accept responsibility for documents mislaid or lost by the Royal Mail. Cheques should be made payable to Allison Brothers Limited.
3. Alteration & Cancellation by you:
(a) Alteration: Any alterations will be treated as a cancellation and rebooking and the cancellation charges set out in paragraph (b) below will be payable. (b) Cancellation: You or any member of your party 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. The following scale shows the minimum charges that will be applied, based on the day the written cancellation is received and whether documents have been issued. In certain cases cancellation charges, if incurred involuntarily, will be covered by insurance taken out at the time of booking. This is strongly recommended.
56 days prior to departure: Loss of Deposit
55 - 30 days prior to departure: 50%
29 - 14 days days prior to departure: 75%
13 - 0 days days prior to departure: 100%
Departure date & thereafter: 100%
IN SOME CIRCUMSTANCES A 100% CANCELLATION FEE WILL APPLY AT TIME OF BOOKING AND THIS WILL BE STATED ON YOUR CONFIRMATION INVOICE.
Holiday arrangements excluding Packages:
(i) Air Ticket Refunds. Many air tickets have no refund value whatsoever. Unless your confirmation invoice informs you otherwise this will apply to your ticket(s). If you need a ticket that will allow for a refund or an en-route amendment you must contact the Company in advance of making your payment. Air tickets, that do have a refund value, that are returned to the Company are subject to a minimum cancellation charge of £100 per ticket, irrespective of the number of tickets returned. Tickets are presented to the respective airline or consolidator for assessment. Refunds by airlines or consolidators for part-used/return halves of tickets are always less than pro-rata and in some cases there may be no refund value whatsoever. Refunds will not be paid to you until they have been received by the Company from the relevant airline or consolidator. This usually takes 8-12 weeks but in some cases (e.g. lost tickets) may take considerably longer. Tickets returned more than one year from the date of issue are classed as expired by the airline and generally have no refund value at all. If tickets are lost or stolen, certain airlines will not issue duplicates. New tickets may then have to be purchased locally, at the local fare. Even if replacement tickets are purchased, certain airlines will not issue refunds for lost/stolen tickets. A delay of up to 18 months is possible before authority from the airline to make any refund is received. The company applies a further £35 per ticket administration fee over and above cancellation charges in such cases. Please ensure that any tickets returned to the company are sent by registered post. (ii) Other Period before departure* Amount of Cancellation (subject to documents charge shown as percentage being issued) of the holiday price Between 4 and 8 weeks 50% Between 2 and 4 weeks 75% Less than 2 weeks 100% Failure to arrive at point of departure 100%
You will be notified on your confirmation invoice if different cancellation charges apply.
Packages: Period before departure* Amount of Cancellation (subject to documents charge shown as percentage being issued) of the holiday price Between 4 and 8 weeks 50% Less than 4 weeks 100% Failure to arrive at point of departure 100% *Note: All airline tickets are payable in full on booking. Most airline tickets are non-refundable regardless of the date OR reason for cancellation. In all cases, unused car rental portions or vouchers are non-refundable. If for any reason you are unable to present your car hire voucher to the respective supplier and are billed locally for the charges, the Company will reimburse the price you paid for such voucher but not the charges paid locally.
4. Alterations by the Company
Although the Company makes every effort to ensure that published descriptions are correct, it does not own or operate airlines and other suppliers and cannot control or prevent changes or cancellations. The Company therefore reserves the right to change the description of any flight or airline and/or ground service at any time. Should Diamond Holidays find it necessary to effect any change they will use their best endeavour to provide passenger with a suitable alternative. (a) Holiday arrangements excluding Packages: Alterations to bookings of this kind are infrequent. Although under no obligation to do so, the Company will endeavour to notify all changes before departure if it is practicable to do so. (Please see section 13 Flights.) No compensation is payable by the Company in any case. Should a schedule change occur to your itinerary after full balance/ticket issue, on either the outbound, or return flights the relevant suppliers decision will be final and Diamond Cruises amendment charges may apply. (b) " Packages": Occasionally due to reasons beyond the Company's control, it may be necessary to amend the flights and/or other services which make up a package booking after it has been confirmed. Such changes are considered to be either "major" or "minor". A major change is one made before departure that involves a change of UK departure airport (save between Heathrow and Gatwick), a difference of more than 12 hours in departure from the UK, change in your resort area overseas, or a change of accommodation to a lower classification than that booked. A minor change is any other change. Whilst the Company has the right to make a minor change at any time without notification, major changes will be advised as soon as is practicable offering you the choice of (a) accepting the amendment as notified (b) purchasing another arrangement from the Company with the price difference payable/refundable as appropriate (c) cancelling the arrangement(s). If you choose (c) all monies paid to the Company for the package will be refunded. In addition, you will receive the compensation listed below, except in cases of "force majeure" or "low bookings", as defined in Clause 6 below. You must inform the Company of your decision as soon as possible after receiving notification (and in any event within 7 days). Period before scheduled departure within which a major change is notified. Compensation per person: Over 56 days: NIL 56-29 days GBP20.00 28-15 days GBP30.00 14 days GBP40.00 Note: In all cases the Company's liability is limited to the rates of compensation listed above. No further claims will be accepted for costs or additional expenses incurred as a result.
5. Cancellation by the Company:
(a) Holiday arrangements excluding Packages: In the unlikely event that a booking has to be cancelled a full and prompt refund will be made of all monies paid to the Company less any insurance premiums and amendment fees. No compensation is payable. (b) Packages: The Company reserves the right to withdraw or cancel the service on offer. If the booking is cancelled before departure for any reason other than non-payment by you then you will be offered the choice of purchasing another arrangement from the Company, with the price difference payable/refundable as appropriate, or of receiving a full refund of all monies paid to the Company (except insurance premium and any amendment fees). In addition, unless the cancellation has been caused by "force majeure" or "low bookings" (defined in Clause 6 below) compensation will be paid on the scale set out in Clause 4 above. 6. Force Majeure/Low Bookings.
(a) "Force Majeure": includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems with transfer, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable event beyond the Company's control. (b) "Low Bookings": is where the number of persons who have booked a particular arrangement is less than the minimum required to make it viable.
7. Pricing Policy:
All fares and other information displayed on our website 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 Clause 3). (a) Holiday arrangements excluding Packages: While every effort is made to avoid surcharges, the right is reserved to pass on any cost increase levied by the suppliers. No surcharge will ever be levied for air tickets after we have received full payment in cleared funds and tickets have been issued. (b) " Packages": Prices may only be changed to reflect government action, increase 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 all cases the Company will absorb an amount equivalent to 2% of the invoice price (excluding insurance premiums and amendment charges). Only amounts in excess of the 2% will be passed to you and should this figure exceed 10% of the invoice price due to the Company (excluding insurance premiums and amendment charges) you will be entitled to cancel the booking and receive a full refund of all monies paid (excluding insurance premiums and amendment charges). If you decide to cancel in these circumstances you must do so within 14 days of the issue date on the surcharge invoice. The Company will not impose any surcharge within 14 days of departure.
8. Dispatch of Travel Documents/e-tickets:
Where paper tickets are required:
Travel documents are usually ready for dispatch to you 10 – 14 days before departure, but cannot be released until we have received full payment (in cleared funds) from you for your package holiday or other holiday arrangement.
We strongly recommend that all documents are dispatched to you by registered post or courier service, to your home or office for an additional fee. For bookings made where the departure date is within eight weeks of booking, we may recommend a ticket on departure at additional cost to yourself. Please note: if you do not have an e-ticket and documents are sent by registered post to your home or place of work, a signature will be required by the post office at the time of delivery. It is the passengers responsibility to ensure that a signature can be obtained on delivery. If you are not travelling on an e-ticket your documentation should be delivered a minimum of 7 days prior to departure, should you not receive your documents, please call for assistance.
Documents for online bookings will only be dispatched by courier or registered post. They will not be dispatched by first class post.
If you do not want us to arrange to send your tickets by registered post or courier service, we shall post your travel documents by first class post to the billing address of the credit/debit cardholder who made the booking, (and not the address on the passenger), unless they are one and the same.
We do not accept responsibility for documents mislaid or lost by they Royal Mail. If your documents become lost or stolen, it will be necessary for you to complete an indemnity form and send it to us so that we can pass it to the airline or supplier concerned. The terms and conditions of the relevant airline and/or supplier shall govern the re-issue or lost or stolen tickets. Some airlines or suppliers are prepared to issue replacement tickets immediately, (but may impost a fee for this), others may require full payment again before they will issue re-placement tickets, (they will then usually refund the amount paid for the original travel documents at a later date, which for some airlines can be up to 12months). You shall be responsible for paying any fees (including our administration fee), losses and/or expenses incurred in respect of the re-issue of lost or stolen tickets.
e-tickets: Please note, effective from 1 April 2004 it is mandatory for customers to have an e-ticket on all routes where e-ticket is available. Customers do not have the option to select a paper ticket prior to travel or for a paper ticket to be made available at the airport from this date, where the route is an e-ticket route and an e-ticket is applicable.
e-ticket is the paperless electronic ticket, it's paperless because when you book it the details are safely stored in the airline booking system so there is no need to send you a paper ticket.
9. Responsibilities of the Company:
(a) Holiday arrangements excluding Packages: In consideration of the fact that the Company acts only as a booking agent, the Company has no liability whatsoever for any aspect of the arrangements and, in particular, has no liability for any loss, personal injury or death however incurred. (b) " Packages": If any part of the package you book with the Company is not as described and does not reach a reasonable standard, or if you suffer personal injury, illness or death as a result of any improper performance by the Company of the obligations it owes to you under this contract, the Company will pay you reasonable compensation taking into account all relevant factors including the invoice price of your package, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the package. However, this acceptance of liabilities is subject to the following three qualifications :-( i) The Company will not be liable to pay you any compensation if the deficiency, personal injury, illness or death concerned does not result from any fault on the part of the Company or its suppliers, but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party (excluding one of the Company's suppliers) or by circumstances which neither the Company nor its suppliers could have anticipated or avoided even exercising all due care. (ii) The Company's liability to compensate you and the amount of compensation payable by the Company is limited in accordance with certain international conventions, the Warsaw Convention as amended the Hague Protocol 1955, the Berne Convention 1962, the Athens Convention 1974 and the Paris Convention 1962. Copies of these conventions are available from the Company upon written request but 28 days should be allowed for delivery. (iii) It is a condition of the payment of compensation to you pursuant to Clause 8 that you notify the Company of any complaint or claim strictly in accordance with Clause 9 below and, further, assign to the Company any rights you may have against any third party in connection with your claim. You must co-operate with the Company and the Company's insurers in this regard. 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 the Company, the Company will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances and, where appropriate and at the Company's discretion, financial assistance up to a limit of £5,000 per confirmation invoice (not per member of your party). Any such financial assistance is for the sole purpose of taking legal proceedings against a third party responsible for your injury, death or other loss. 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. Nothing in these conditions shall be deemed to exclude or restrict the Company's liability for death or personal injury caused by its negligence.
10. Complaints & Complaints Procedure:
Whilst we aim to ensure your holiday runs smoothly, there may be times when it doesn’t. Please follow the complaints procedure below to minimise inconvenience to all parties.
If a problem occurs, whilst you are abroad, you must inform the relevant supplier (e.g. hotel manager, tour operator, car rental company, airline representative and our local representative) 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 the Company's Customer Service Department immediately by telephoning +44 (0)871 666 1933, so that the Company is given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write within 14 days of your return to the Company's customer relations department quoting your original booking reference and giving all relevant information. Failure to take these steps will hinder the Company's ability to resolve the problem and/or investigate it fully and in consequence, any right to compensation you may have will be extinguished.
11. Passports, Visas and Health Requirements:
Clients not holding passports marked "British Citizen" must check applicable requirements with their Embassy, Consulate or the British Foreign Office. Please ensure that you are aware of all passport and visa requirements and that you allow adequate time to obtain them. 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. If you fail to do so, you will be solely responsible for any cost, loss or damage which you or the Company incurs as a result of your failure. For regular updates on visa requirements or any conflicts in particular regions, see the Foreign Commonwealth Office website.
It is your responsibility to ensure that you and the members of your party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on your behalf, in which case the Company's responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result. Further, you will be liable to reimburse the Company for any expenses whatsoever it incurs as a result of your behaviour.
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. This is particularly important in the case of "other holiday arrangements" where the company acts only as a booking agent between you and the relevant suppliers. The suppliers' standard conditions may limit or exclude liability, often in accordance with international conventions. Copies of these conditions may be requested in writing, but up to 28 days must be allowed for delivery.
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. The Company is not liable if there is any change to a departure/ arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights, with the airline, 72 hours prior to departure. The Company is also unable to make any special arrangements for you if you are delayed or your flight is cancelled; these matters are in the sole discretion of the airline concerned. Your ticket is your document of travel and the information on the ticket is deemed correct unless the Company is advised by you within 24 hours of receipt.
15. Special Requests:
If you have any special requests, these will be passed on to the relevant supplier but cannot be guaranteed by the Company.
16. Financial Security:
To ensure that you would be refunded and/or repatriated in the unlikely event of the Company's insolvency the Company is licensed and bonded. It is licensed by the Civil Aviation Authority (ATOL No: 3749). 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.
17. Departure Taxes:
It is not always possible to include all departure taxes on your ticket - in some cases departure taxes must be paid locally and these are payable to the Government of the country departed and are non-refundable.
18. Pre Travel Advice:
The Foreign and Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information on BBC (Ceefax) page 470 or on the Internet under the address www.fco.gov.uk.
19. Special Events:
In certain instances where special events are taking place, for example the Olympic Games, our normal booking conditions may be subject to change. In this instance you will be advised of the revised booking conditions applicable over the special event period.
20. We strongly recommend that you take out travel insurance for your whole journey.
21. The contract constituted by the Company's acceptance of your booking subject to these Conditions shall constitute the entire agreement between you and the Company in relation to the relevant booking, shall exclude all other terms and conditions (except for the relevant suppliers' conditions and any application international conventions) and shall supersede all prior or contemporaneous communication or information provided.
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