Definition of Term
The following terms will be used throughout this document :
"Jays Travel" at address 349 High Street, Smethwick, West Midlands , B66 3PB, UK
"Force Majeure" means any circumstances which are unusual and/or unforeseeable which are beyond the control of Jays Travel the consequences of which could not have been avoided even if all due care had been exercised including but not limited to war, threat of war, riot, civil strife, political unrest; hostilities, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, drought, rescheduling or cancellation of flights or alteration of the airline or aircraft type by an airline or technical problems with transportation that are outside jays Travel 's control.
"Major Change" includes without limitation :-
- an alteration in the time of your departure or return to your scheduled time of departure or return of 12 hours or more; and/or
- a change in UK departure airport (excluding change of London airports) ; and/or
- a change of hotel or apartment to a materially lower rating; and/or
- a significant change of resort area;
- a significant increase in the price of your holiday.
Travel Booking Conditions
These Conditions contain some exclusions and limitations on liability. If any of them are found to be invalid or unenforceable the remaining Conditions are still valid. Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English Courts.
Jays Travel will contract with you when you confirm your holiday booking and we accept it only when we send you a confirmation invoice indicating that we have reserved your holiday. You must check that the holiday shown on the invoice is the one you wish to take. We are responsible for providing the holiday that we have confirmed to you. If you cancel or alter your booking later you may have to pay an additional charge. If you book within seven (7) days of your departure date or if there is insufficient time to send written confirmation to you a contract between us will exist upon our confirming the booking. We reserve the right to refuse your booking but in that event we will refund any money that you have paid to us.
All passport, visa, travel insurance and health certificate requirements are your responsibility and Jays Travel accepts no responsibility for any delay or expense incurred through any irregularity in your documents. In the event that we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred will be payable by you. For more information on this please visit the Foreign & Commonwealth Office website on www.fco.gov.uk, and at www.ukpa.gov.uk
Further information on health requirements can be obtained from the Department of Health on telephone number 0800 555777 or from MASTA (Medical Advisory Services for Travellers Abroad) on 020 8994 9874.
Airline regulations state that women 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel. Normally after 32 weeks permission to travel is refused however, airlines have different policies and we would need to check as to whether they will agree to carry you, prior to confirming your holiday. It is imperative that you notify us of your pregnancy at the time of booking or as at such time you become aware.
When you buy an ATOL protected flight from us you will receive a confirmation invoice from us
confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9881. 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
We invariably require a deposit which we shall notify to you but shall be not less than £150 per person (excluding infants) plus any applicable insurance premiums on confirmation of booking. If flight is based on a special offer you may be required to pay the full payment immediately upon confirmation.
No price increases will apply once full payment has been received. Surcharges may be applied in the event of a government action, fees for certain services or fuel increases charged by carriers. If the increase is more than [10 ]% you will have an option to cancel your booking and obtain a refund of all monies paid (excluding insurance, visa and vaccination costs) provided the cancellation is made in writing within seven (7) days of receipt of the notice.
Whilst we do our utmost to accommodate any changes that you may make after receiving your contract, such changes are subject to availability and where permitted by the carrier. These changes attract a £30 administration fee plus any additional costs these changes may incur. If the travel arrangements have been "issued" on "non- changeable" special fares, we will not be able to make any modifications to your travel itinerary. Any amendments made within eight (8) weeks of departure will follow the cancellation fee schedule (See below).Name changes or departure changes are not always permitted by the carrier and may be treated by them as cancellations and charged accordingly. If airline tickets have been issued in this instance, any changes made to the booking may mean that you will have to pay for the cancelled ticket and purchase a new ticket at full cost
Cancellation by Customer
All cancellations by customer must be received in writing by the person who signed the booking form. Please note that the following cancellation fees apply;
- 8 weeks prior to departure : Lose deposit *
- 42 -56 days prior to departure : Lose 30% *
- 29-42 days prior to departure : Lose 60% *
- 3-27 days prior to departure : Lose 90% *
- Within 72 hours : Lose 100%
*If the travel arrangements have been "issued" on "non-refundable" special fares, we will not be able to refund any monies. Cancellation charges made by our suppliers may be higher than the cost of the deposit and we reserve the right to pass on such fees to you. Jays Travel will advise of such fees before cancellation. In the case of cancellation after receipt of documents, no refund will be given unless unused tickets are returned to Jays Travel. Insurance premiums and airport tax charges are not returnable.
Cancellation by Jays Travel
We reserve the right to amend your booking other than where there is a Major Change at any time. Most of these changes are minor and we will advise you at the earlier possible date. We will not cancel your booking within eight (8)
days of departure except for reasons of Force Majeure or failure by you to pay the final balance. If we have to make a Major Change we will inform you at the earliest possible date. You will have a choice of accepting change of arrangement, therefore accepting a holiday of equivalent value or accepting a refund if the holiday is of a materially lower standard. If you cancel completely you will be entitled to a full refund and reasonable compensation calculated by reference to the holiday price net of insurance premiums, airport tax and amendment charges as follows :-
(a) more than 56 days before departure : No compensation (b) between 30 and 55 days before departure : £10 per person (c) between 15 and 30 days before departure : £15 per person (d) between 8 and 14 days before departure : £20 per person (e) between 0 and 7 days before departure : £25 per person.
This cancellation must be received in writing within seven (7) days of receiving a notice.
Flights and Flight Routings
Flights on our programme are arranged with reputable airlines. Should delays or cancellations occur, the airline would normally provide refreshments, meals and if necessary accommodation. We do not provide such services at the point of departure or at the point of return to the UK. Any claim relating to such events must be made directly to the airline. A direct flight is a flight where there is no change of aircraft en route, but stops are possible, as the aircraft may need to refuel or allow other passengers to join or leave the aircraft. A non-stop flight travels from the origin to the destination without stopping. Where a flight is shown to travel via other destinations, at least one change of aircraft is necessary en route.
Due to unforeseen circumstances, airlines may find it necessary to alter the published routing. This may be a last minute change or can even occur during the flight to/from your destination.
Flight timings may also change. Should this occur, and if we are able, we will inform you as soon as we are made aware of any changes to the previously confirmed timings given to us by the airlines.
Independent Travel Arrangement
We cannot accept responsibility for independent travel arrangement made by the clients, to reach their airport of departure or indeed their onward journey having arrived back to the UK.
You should make your complaint known to the local representative of Jays Travel at the earliest opportunity. If they do not resolve the problem to your satisfaction, you will need to contact our offices no later than 28 days
after your return to the UK. Your complaint should be made in writing to our Customer Services Department, Jays Travel, 349 High Street, Smethwick, West Midlands, B66 3PB giving your booking reference and all other relevant information. You must keep your letter concise and to the point to assist in identifying your concerns and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract.
You will not be entitled to a refund if you are prevented from travelling by any person in authority who feels that you are unfit to travel or likely to disturb other passengers. We also reserve the right to end your holiday if your behaviour causes distress or damage to other passengers, employees or guests at your accommodation or your accommodation. In these circumstances you will not be refunded or compensated in any way and we may recover costs incurred as a result of your behaviour.
We recommend that you take out travel insurance. Our staff are trained to offer you the best policy for your travel needs. Please note that you will be required to pay your insurance premium at the same time as your deposit.
We take care in providing all holiday arrangements through reputable suppliers. We will monitor and control the performance of the suppliers and judge their performance against the standards and customs in the country of service provided. Jays Travel will pay compensation if they fail to provide the services as part of the package sold to you. We will accept liability for claims for personal injury arising as a result of our staff and suppliers being negligent in the course of their employment or contract. Liability is not accepted in the following instances :-
- if you or any member of your party is at fault;
- if the fault was due to a third party not associated with the booking; and
- any unusual or unexpected circumstances beyond our control that we could not have avoided.
Our liability to you for loss or damage which you may suffer is limited to two and a half times the price of your holiday but subject to the limitation that any loss that you suffer because of failures by transport operators or hotel keepers to perform services involved in your holiday is limited to the amount that you can recover from them under the law of England, the country in which they operate or under any applicable convention.
Conventions in particular in relation to conditions of carriage usually limit the liability of the transport operators.
Conditions of Carriage
Jays Travel accepts responsibility for the proper provision of elements of your holiday of which it is the operator. However, Jays Travel is recognised as an organiser for travel only and, as such does not control or operate any airline. When you travel by air your journey may be subject to certain international Conventions such as the Warsaw Convention and Montreal Convention (international carriage by air), the Athens Convention (international carriage by sea) or COTIF (international carriage by rail), as such conventions are amended or
re-enacted from time to time. You agree that the operating carrier or transport company's own "Conditions of Carriage" will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those "Conditions of Carriage". You
acknowledge that all of the terms and conditions contained in those "Conditions of Carriage" form part of your contract with us as well as the transport company and they are deemed to be included by reference into this contract.
Data Protection Policy
To ensure that your holiday runs smoothly we and your Travel Agent need to use information such as your name and address, special needs, dietary requirement, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies and to public authorities such as customs and immigration.. We will only pass data including sensitive information regarding disabilities or dietary and religious requirements to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers in the EEA or elsewhere, we cannot provide your booking. When you make this booking you consent to this information being passed to all relevant persons.
- Once you have checked in for your flight your welfare is the responsibility of the air carrier. We do not accept responsibility for the provision of refreshments, meals or overnight accommodation in the event of a flight or other delay at your outward or return point of departure. Normally the airline will arrange for meals and accommodation in the event of such a delay.
- You are responsible for ensuring that you are at the correct departure point at the correct time and we are not liable for any loss or expense suffered if you fail to do so.
Methods of Payment
Personal/Company cheques : Payment may be made by cheque. Cheques should be made out to Jays Travel but you must ensure that ten (10) working days are allowed to elapse for your cheque to clear before your departure. Should the cheque be returned for any reason we will levy a £25 charge.
Cash : We do accept cash; however we advise customers not to post cash to us, but to pay in person at the office.
Debit Cards : Switch or Visa Delta debit cards are welcomed. Please note that we cannot accept debit card payments from a third party without a signed authorisation from the debit cardholder.
We reserve the right to refuse a booking until we have full payment.
Credit Cards : Surcharges are incurred as to 2.5% on MasterCard and Visa, 4% on American Express. Please note we do not accept Diners Club cards.
We cannot accept credit card payments from a third party without a signed authorization from the credit card holder. We reserve the right to refuse a booking until we have full payment.
I have read and understood the Terms and conditions and accept them on behalf of all passengers travelling, by each of whom I am authorised to make this booking. I am over the age of 18.