The clients’ contract is with Caribtours Ltd and is made under
the Law of England and made at 210 New Kings Road, London
SW6 4NZ. Tel: 020 7751 0660
Booking Requests The appropriate deposit is required at the
time of booking; since we do not require a booking form, your
Travel Adviser will confirm all details of your booking and it is
vital that you ensure that these are correct and correctly
reflected on your confirmation invoice.
Confirmation The booking is not accepted until a confirmation
invoice has been issued by Caribtours. If a booking is not
accepted or Caribtours is unable to make reservations as
requested and no acceptable alternative arrangements can be
made, all monies will be refunded.
Payments A deposit of £300 per person is payable at the time
of booking (except yacht charters, villa and cruising holidays
where between 15% and 50% of the total holiday cost is
required and some hotels in high season where an increased
deposit must be collected).This deposit is the client’s only
financial obligation until eight weeks prior to departure. A
confirmation invoice will be issued when all reservations have
been made, full payment of which is due eight weeks prior to
departure. If the booking is made within eight weeks of
departure, full payment is required at the time of booking. If the
holiday is arranged through a travel agent, all monies paid by
the client to the travel agent, under or in contemplation of a
contract with Caribtours, are held by the travel agent as the
agent of Caribtours, until the date on which the agent pays the
money to Caribtours. Note: Non-payment or late payment
outside of these terms may result in the cancellation of the
booking (with cancellation charges being applied), or
alterations to the booking.
Prices & Caribtours’ Price Guarantee We reserve the right to
alter the prices of any of the holidays shown in our brochure.
You will be advised of the current price of the holiday that you
wish to book before your contract is confirmed. The holiday
price shown on your confirmation invoice is guaranteed, and
will not be subject to any changes or surcharges, unless the
client elects to change the confirmed booking (see Cancellation
or Alteration sections on this page). We do however, reserve the
right to pass on the cost of any levy introduced by the UK
government or any other regulatory body in 2009 or 2010, for
increased financial protection against financial failure, should
this apply to the validity of this brochure. The publication date
for this brochure is 31 August 2009.
Cancellation by the Client If you need to cancel a confirmed
booking, then this must be notified to Caribtours in writing;
the cancellation will be effective from the day such written
notification is received. Subject to when notification of a
cancellation is received, the following scale of charges will
be payable by the client:
Days before departure Cancellation Charge
56 days or more Forfeit deposit
55-43 days 30% of total
42-29 days 60% of total
28-16 days 75% of total
15-3 days 90% of total
Within 2 days 100% of total
We strongly recommend that our clients secure adequate travel
insurance at the time of booking. Please note that Caribtours no
longer offers insurance policies.
Alteration by the Client Caribtours will do its very best but
cannot guarantee to comply with any request by the client for
alteration to a confirmed booking prior to departure. Caribtours
will charge an administrative fee of £25 per person per
alteration and will pass on any associated costs incurred
before, during or after the holiday and passed on by our
suppliers; alterations made by the client within six weeks of
departure will be subject to a £50 per person per alteration fee.
Any alterations are only possible if our suppliers permit them. It
is essential that clients ensure that details of all names provided
to their Travel Adviser and shown on the confirmation invoice
compare exactly with those on each passport. Please note that
airlines will usually refuse amendments to reservations after
departure except on the payment of a fee, which varies from
airline to airline up to and including the full one-way published
fare. Any additional costs resulting from an earlier or later return
than the one scheduled will be the client’s responsibility.
Cancellation or Alteration by Caribtours Every effort will be
made to operate each client’s holiday as advertised but
Caribtours reserves the right to modify or cancel any holiday
arrangements at any time up to 8 weeks before departure. In
the event that Caribtours is compelled to cancel or alter holiday
arrangements due to reasons beyond its control, every
endeavour will be made to provide suitable alternative
arrangements of the same standard or if the client prefers,
Caribtours will refund all monies paid. Caribtours will make
every effort not to materially modify or cancel the holiday
within 8 weeks of departure, except in circumstances
amounting to force majeure*. A material change is, for
example, one which involves a change of UK airport (except
between Gatwick and Heathrow), the destination, the booked
accommodation to a lower rating, the departure time or length
of holiday by more than 12 hours (except for curtailment or
force majeure). A minor change is any other change. In the
event of building work, extended hotel closure or similar
circumstances which result in the accommodation reserved
being unavailable, Caribtours will take all reasonable steps to
provide accommodation of a similar or higher standard at no
extra cost, or if this is unavailable, a lower standard of hotel
and a refund of the difference in price of the accommodation.
Compensation will only be paid for a material change
as follows:
Number of days Compensation
prior to departure per person
42-56 days £10
29-41 days £20
15-28 days £40
0-14 days £50
* FORCE MAJEURE – if any holiday has to be modified or
cancelled because of war, threat of war, riots, civil
commotion, strikes, disasters, terrorist activity, fire, adverse
weather conditions, unavoidable technical problems to
transport, epidemic or pandemic illness, closure or
congestion of airports and similar events beyond Caribtours’
control, Caribtours will endeavour to offer alternative
arrangements or, if the client prefers, make a full refund of
all monies paid. Compensation will not be payable in
circumstances amounting to force majeure.
Insurance It is essential that you and all members of your party
are covered by a policy of travel insurance. Policies can be
purchased through travel agents and banks or direct from
insurers. The policy should cover personal accident, death,
medical and repatriation expenses, loss of baggage and
valuables, personal liability, delay, cancellation, curtailment,
missed departure and legal expenses.
Liability Caribtours publishes this brochure on its own
responsibility which does not commit any airlines mentioned
herein or suppliers whose services are used during the course
of the holiday. Caribtours takes all reasonable steps to ensure
that those who are involved in the planning and provision of
the holiday maintain the highest standards. All information
given in this brochure is correct at the time of going to print,
but services or facilities may be changed during the validity of
the brochure. Wherever possible, clients will be advised of
changes prior to departure.
If the client considers any particular facility to be vital to their
holiday, they must advise Caribtours in writing of this no later
than 4 weeks prior to departure. Caribtours will endeavour to
confirm that the facilities are still available subject to inclement
weather or unforeseen eventualities. Caribtours will accept
liability for matters which arise as a direct result of the
Company’s negligence and/or breach of its contractual duty to
exercise reasonable care in making arrangements for its
passengers, including any acts or omissions by its employees,
agents or suppliers. Where the services in question consist of
carriage by air or by sea, Caribtours shall be entitled to limit its
obligations and liabilities in the manner provided by
international conventions in respect of air or sea carriers. Our
liability, except in cases involving death, injury or illness, shall
be limited to a maximum of three times the cost of your travel
arrangements. Our liability will also be limited in accordance
with and/or in an identical manner to
(a)The contractual terms of the companies that provide the
transportation for your travel arrangements. These terms are
incorporated into this contract; and
(b) Any relevant international convention, for example the
Montreal Convention in respect of travel by air, the Athens
Convention in respect of travel by sea, the Berne Convention in
respect of travel by rail and the Paris Convention in respect of
the provision of accommodation, which limit the amount of
compensation that you can claim for death, injury, delay to
passengers and loss, damage and delay to luggage. We are to
be regarded as having all benefit of any limitation of
compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual
terms, or the international conventions, from our offices -
210 New Kings Road, London SW6 4NZ .Tel: 020 7751 0660.
Under EU law you have rights in some circumstances to refunds
and/or compensation from your airline in cases of denied
boarding, cancellation or delay to flights. Full details of these
rights will be publicised at EU airports and will also be available
from airlines. However reimbursement in such cases will not
automatically entitle you to a refund of your holiday cost from
us. Your right to a refund and/or compensation from us is set out
in clause 6. If any payments to you are due from us, any
payment made to you by the airline will be deducted from this
amount. If your airline does not comply with these rules you
should complain to the Air Transport Users' Council on
020 7240 6061 / http://www.auc.org.uk/.
Any such claims shall be subject to English Law in respect of
any quantum or liability and all proceedings shall be within the
domain of the English courts but not exclusively so if you live
elsewhere in the UK, when the courts of Scotland and Northern
Ireland also have jurisdiction.
Caribtours, at its discretion, will offer assistance to a client in
the form of advice, guidance and initial financial help where
appropriate, who through misadventure, suffers illness,
personal injury or death during the period of their holiday,
arising out of an activity which does not form any part of the
foreign inclusive holiday arrangements, nor an excursion
offered through Caribtours. Costs in respect of the above on
behalf of the client and party shall not exceed £5,000 in total.
This service is provided by a legal expenses insurance policy
which Caribtours has taken out for its customers’ benefit.
Consumer Protection The air holidays in this brochure are ATOL
protected, since we hold an Air Travel Organiser’s Licence
granted by the Civil Aviation Authority. Our ATOL number is
ATOL 2674. 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 http://www.atol.org.uk/.
Passports/Visas/Vaccinations All clients are themselves
responsible for ensuring that they have a valid passport,
appropriate visas and conform to the health regulations
regarding vaccinations current at the time of travel (refer to
General Information page 169 for further details).
Luggage Caribtours is only liable for loss or damage or delay to
luggage caused by the direct negligence of Caribtours.
Special Requests Caribtours will make every reasonable effort
to make arrangements which comply with special requests, but
cannot and does not guarantee that there will be compliance
with the special request/s. Furthermore, Caribtours has no legal
liability whatsoever in the event that the holiday arrangements
do not comply with the special request.
Complaints If the client has a complaint during the holiday,
they should contact the local Caribtours representative or the
hotel manager. These individuals are best placed to put matters
right immediately and may well be able to do so. Failure to
make such contact could result in loss of any legal right in
connection with matters causing complaint. If there is still
cause for complaint on return to the UK, the client is required to
seek satisfaction by writing to Caribtours within 28 days of the
end of the holiday, providing full details of the holiday and the
reason for the dissatisfaction. Disputes arising out of, or in
connection with, this contract which cannot be amicably settled
may be referred to arbitration, if the customer so wishes, under
a special Scheme arranged by the Association of British Travel
Agents, and administered independently by the Chartered
Institute of Arbitrators.
The scheme provides for a simple and inexpensive method
of arbitration on documents alone with restricted liability on
the customer in respect of costs. Full details will be provided
on request or can be obtained from the ABTA website
(http://www.abta.com/).
The Scheme does not apply to claims for an amount greater
than £5,000 per person. There is also a limit of £25,000 per
booking. Neither does it apply to claims which are solely in
respect of physical injury or illness or their consequences. The
Scheme can however deal with compensation claims which
include an element of minor injury or illness subject to a limit
of £1,000 on the amount the arbitrator can award per person in
respect of this element.
The application for arbitration and Statement of Claim must be
received by the Chartered Institute of Arbitrators within nine
months of the date of return from the holiday. Outside this time
limit arbitration under the Scheme may still be available if the
company agrees, but the ABTA Code does not require
such agreement.
For injury and illness claims, you may like to use the ABTA /
Chartered Institute of Arbitrators Mediation Procedure. This is a
voluntary scheme and requires your tour operator to agree for
mediation to go ahead. The aim is to help you resolve your
dispute in a quick and cost effective way. Details on request or
from http://www.abta.com/.
