Niquesa Travel's standard Booking Conditions apply and are detailed on our website.
Travel insurance is not included in the promotions, but it is strongly recommended that you take out adequate insurance suitable for your needs before you travel.
The following applies to all Niquesa Travel offers and incentives displayed on the website, within e-mailers or printed in the form of direct mails, brochures or advertisements within the media.
All offers and incentives are for new bookings only, confirmed after the published date, and are not combinable with any other offer, unless otherwise specified.
All offers are based on two adults travelling, including economy fights from the UK and resort transfers. Offers must be booked within the time period stated and travel must be completed within the validity dates, unless otherwise specified.
All offers are subject to flight and accommodation availability, and are only applicable for the airlines and hotels mentioned within the offer, unless otherwise specified.
Offers may only apply to certain room categories and are applicable for selective dates only. Please request further details at time of enquiry.
All offer prices are correct at the time of publication but are subject to change daily, based on variations of exchange rates, airline fares and taxes.
All quotations provided by Niquesa Travel are valid for 7 days.
On occasion, Niquesa Travel may publish offers or incentives that are only applicable to specific client types at the time of publication; New client offers are only applicable to clients who have not travelled with Niquesa Travel in the last 5 years; Nursery client offers are only applicable to clients who have travelled once with Niquesa Travel in the last 5 years; Repeat client offers are only applicable to clients who have travelled twice with Niquesa Travel in the last 5 years; Loyal clients offers are only applicable to clients who have travelled three times with Niquesa Travel in the last 5 years.
All Niquesa Travel offers only apply to lead clients over 18 years old, and are only applicable to one booking per household.
CREDIT CARD CHARGES
Prices advertised apply to payment by cash or debit card. A 2% charge will apply to payment made by credit card.
GENERAL BOOKING CONDITIONS
Please read the following booking conditions carefully as they set out the terms and conditions of the contract between you and Niquesa Travel Limited (“we”, “us” and “our”). Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate) can deal with any disputes. Our obligations to you will vary depending upon whether or not what you book with us is a package holiday (“Package”) as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992. Section A below details the booking conditions which apply particularly to such a booking. Where you book only a ‘Flight’ or a ‘Hotel’ the terms that particularly apply to such a booking are detailed in Section B under the heading “Single Components”. There are certain terms which apply to any type of booking and these are detailed in Section D.
A. PACKAGE HOLIDAY
The information in our brochures and on our website, along with the terms set out below and the terms set out in Section C apply when you book a Package.
A1. YOUR CONTRACT/FINANCIAL PROTECTION
The financial bonding requirements of the Travel Association (ABTA) and the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our CAA ATOL number is 11166 and our ABTA membership number is Y6343. These arrangements ensure that payments made by you for your Package would be refunded and/or you would be repatriated in the unlikely event of our insolvency.
A2. PRICE POLICY
Niquesa Travel makes the following Price Policy on all our holidays: We reserve the right to alter the prices of any of the holidays shown in our brochures or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. The price of your travel arrangements was calculated using exchange rates quoted in the ‘Financial Times Guide to World Currencies’.
i) PRICE GUARANTEED IF YOU PAY IN FULL WHEN YOU BOOK.
Ask your travel agent or Niquesa Travel for a confirmation of the current price at the time you make your booking. When full payment of the price is received by Niquesa Travel within seven days of the date shown on our Confirmation Invoice, we will guarantee your holiday price will not change. OR
ii) PAYMENT OF DEPOSIT ONLY.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, and exchange rates mean that the price of your Package may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person, together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more, but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. You must cancel within 14 days from the issue date printed on your final statement. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package, due to contractual and other protection in place.
A3. CHANGES MADE BY US BEFORE YOU TRAVEL
From time to time, we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before you travel, if there is time. Changes we will tell you about include: - Change of your UK departure airport - Significant change of your destination - A change of more than 6 hours to the time you leave the UK or your destination on breaks of 4 nights or less, or a change of more than 12 hours for all other longer holiday durations If you do not want to accept a significant change, which we tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package. In which case, we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. We will offer you compensation for changes which have to be made to your Package before you travel, unless the change is as a result of the sort of circumstances listed in the paragraph below headed ‘Circumstances Beyond Our Control’ or unless the change is made more than 70 days before departure. If you have not accepted the change, but have accepted an alternative holiday, the compensation we will pay you will be nominal and will be to compensate you for the inconvenience of having to make alternative arrangements, but otherwise, we will have no liability to pay you compensation. If you have accepted the change, again, the compensation will be nominal unless, upon your return, you can justify to us that the change significantly diluted your holiday. If you have not accepted the change and have accepted a refund of your holiday cost, the compensation will be a nominal sum designed to compensate you for your inconvenience of arranging the refund and making any alternative arrangements you subsequently make, but otherwise, we will have no liability to pay you compensation.
A4. MINOR CHANGES MADE BY US BEFORE YOU TRAVEL
Any change that we do not consider significant is a minor change. We will endeavour to tell you about a minor change before you travel, but we are not obliged to do so and we will not pay compensation. It may not be possible at the time of booking to specify the airline or type of aircraft. Please note that two airlines may share the same services, therefore, a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket. We are required to inform you of the identity of the airline operating your flight. Any changes to the operating airline will be notified to you in all cases at check-in or at the boarding gate. We reserve the right to change airlines or aircraft types at any time and changes of this type will not constitute a significant change.
A5. CANCELLATION BY US
We can cancel your Package and any other Package we operate, but on the rare occasion we may have to cancel your Package, for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package. In which case, we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 10 weeks of departure, except if we are forced to do so because of unusual circumstances we could not have foreseen where we could not avoid the results of those circumstances even after taking all reasonable care. (See ‘Circumstances Beyond Our Control’ below). No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
A6. CIRCUMSTANCES BEYOND OUR CONTROL
Except where we say differently elsewhere in these conditions, we will not pay any compensation, reimburse expenses, cover losses for any amount or otherwise accept responsibility if we have to change your Package after departure, or we (or our suppliers) cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description, as a result of circumstances beyond our control. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include (but are not limited to) war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development).
A7. CHANGES MADE AFTER TRAVEL
If, after your departure, a significant part of your pre-booked Package arrangements cannot be provided, you will be offered a suitable alternative if possible. If appropriate, we will also pay you compensation in accordance with the terms in the section entitled ‘Changes Made By Us Before Travel’ unless the reason for the change is due to circumstances beyond our control (see section entitled ‘Circumstances Beyond Our Control’). If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, you will have the right to cancel your booking. In this event, you will have the right to be returned by the same means of transport to your original departure point at no extra cost, provided that transport is available. This does not impose an obligation on us to make specific transport arrangements for you if none are available.
A8. FLIGHT DELAYS
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs, we will try to make sure refreshments or meals are provided, when appropriate. We will not do this ourselves, as such arrangements will normally be the responsibility of the airline. If you have taken out our recommended travel insurance or a comparable policy, you should have cover against delays.
A9. OUR LIABILITY TO YOU
(i) Our obligations, and those of our suppliers, providing any service or facility involved in any part of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our and our suppliers’ obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation, particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (iv) below, should any part of your Package not be as described on our website/brochure or elsewhere by us before you leave the UK. If we have liability, we will, subject to clause C10 and clause C13 below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the Package. This maximum will only be payable when every aspect of your Package has gone wrong and you have not received any benefit from your Package. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your Package (excluding Overseas Booked Excursions – see section C5 ‘Excursions’), we have liability subject to paragraph (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v) and (vi) and clause C10 below, pay you reasonable compensation.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v) and clause C10 below, except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled ‘If You Have A Complaint’.
(vi) Should you become ill while on your Package, you must, in addition to reporting your illness to your accommodation provider, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both of those doctors.
(vii) If you or any member of your party suffers illness, injury or death, through misadventure, as a result of any activity which does not form part of your contracted Package arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible, providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to us of £5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy, or if you obtain a costs order against anyone in relation to the incident, you must repay us the costs and expenses we spent in assisting you.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
B. SINGLE COMPONENTS
The terms set out below, together with the terms set out in section C, apply when you book an individual travel component such as only a ‘Flight’ or only a ‘Hotel’.
B1. PRICE CHANGES
Price increases may occur any time prior to departure and you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.
B2. TRANSFER OF BOOKINGS
In the case of a scheduled flight-only booking, transfer to another person will involve cancelling the original booking, thereby incurring any relevant cancellation charges, and then making a new booking, which will be subject to availability and any additional price increase. Transfer of any other type of booking is subject to the supplier’s own terms and conditions and the applicable amendment or cancellation charges as stated in section C.
B3. OUR LIABILITY TO YOU
Our responsibility is to make arrangements for the provision by the relevant suppliers (including airlines, accommodation owner/supplier, car hire provider) of the components you book, but we do not have any responsibility for the operation of the component itself. We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage that results from your use of the single component, unless we have negligently failed to select a normally competent provider of the relevant component. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the single component you have booked with us.
C. ALL BOOKINGS
Before you book, please discuss your choice of destination, accommodation and transport with our Travel Consultants to make sure it will be suitable for you and the people you will be travelling with. Some travel and accommodation arrangements are only available on a request basis and where this is the case, you will be advised at the time you make your enquiry and details of the arrangements on request will be shown on any documentation we issue. Any arrangements that we advise you are on request, are not confirmed or guaranteed and are subject to change until we receive confirmation from our supplier.
C1. YOUR HOLIDAY BOOKINGS
The person who signs the booking form or completes the booking by telephone is the ‘lead name’. He or she must be 18 years of age or over and is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information in our brochures and on our website (as applicable). For all bookings as described in Section A, B and/or Section C, a contract will exist between you and us when we issue a confirmation invoice/receipt/e-mail.
C2. PAYMENT TERMS
If your booking is made more than 10 weeks before the intended departure date, you must pay either:
(i) the full fare (depending on the carrier’s conditions for the travel arrangements in question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in question, the amount of which will be advised at the time of booking. You will be advised at the time of booking what payment is required for your particular arrangements. The balance of the cost of your travel arrangements must be paid by 10 weeks before the departure date. If your booking is made within 10 weeks of your intended departure date, the total cost of your travel arrangements must be paid at the time of booking.
Credit Cards: We accept Barclaycard/Visa, Access/Mastercard and American Express. Clients choosing to use this method of payment will be subject to a credit card handling fee, which will be advised at the time of booking.
PLEASE NOTE THAT FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION.
C3. SPECIAL REQUESTS
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met (for example, special meal types on flights).
You must take out adequate travel insurance suitable for your needs before you travel. We cannot be responsible for any costs you incur as a result of you failing to do so. For your own peace of mind, the insurance should cover you if you have to cancel your arrangements or for any emergencies, such as illness or injury, that arise while you are away.
Excursions include (but are not restricted to) any sightseeing trips, concerts, events or other tours attended in resort for which additional payment is required. Excursions can be booked and/or paid for in resort (‘Overseas Booked Excursions’) or pre-booked and paid for when you book your Holiday (‘Pre-booked Excursions’). All excursions are supplied by third party suppliers and are subject to the clause C10. We accept, subject to clauses C8 and A9 entitled ‘Suppliers’ Conditions’ and ‘Our Liability To You’, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your Package and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability, whatsoever, for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as an agent for you. In any event, the contract for any Resort Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions, you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the courts of that country also.
C6. CHANGES YOU MAKE BEFORE YOU TRAVEL
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to the transport provider's terms and conditions. Please note that, typically, changes to scheduled flight tickets and train tickets are very restrictive. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% for that part of the arrangement. For example, some of the transport providers we use do not permit name changes for any reason. Such changes are likely to result in your being charged the full cost of the service and may be subject to space being available for a new reservation. In addition, you will have to pay any extra costs the carrier may pass on to us. See the Exception in the section ‘Cancellation By You’ below. Where we can make a change, we will charge for any additional services, facilities or other items changed, at the price that applies on the day the change is made. In addition, we will also apply administration charges of £25 for each person on the booking and for each item you want to change. Any booking discount you may have received at the time the original booking was made may be altered or reduced whenever changes are made. If any booked person is prevented from travelling for reasons beyond your control and not simply from a change of mind, we will agree to that person’s booking being transferred to another person who satisfies all the conditions applicable to the Package, subject to both persons accepting joint and several liability for full payment of the Package price and our charge for confirming the transfer and any additional costs arising from the transfer. We must be given reasonable notice of the transfer request – at least 14 days prior to departure.
C7. CANCELLATION BY YOU
The ‘lead name’ on the booking must give notice to cancel in writing and the charges shown below apply from the date we receive the notice at our offices or the travel agent activates the cancellation. In order to cover our expected losses from the cancellation of the booking, there is a set scale of charges that must be paid by you if you or anyone travelling with you cancels. Also note the ‘Exception’ described below, which may apply in addition to the scale of charges.
More than 70 days = loss of deposit
70-57 days = 30% cost of holiday (or loss of deposit if greater)
56-43 days = 50% cost of holiday
42-22 days = 70% cost of holiday
21-10 days = 90% cost of holiday
9 days or fewer = 100% cost of holiday
If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges that arose before the cancellation and any deposits paid for any pre-booked items or services. ‘Exception’ Cancellation of certain transport arrangements, typically scheduled airline and train tickets can result in up to 100% cancellation charges, regardless of the notice period given to us. We reserve the right to pass on these charges, which will apply to the transport element of your booking, and the cancellation charges in the scale above will apply to the other elements of your booking (e.g. accommodation, optional extras). Similarly, name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and re-booking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and re-booking, we will pass on to you the cost imposed by the supplier, which could be up to 100% of the transport element of your booking and you must also pay the charge listed in the section ‘Changes You Make Before Travel’ above. Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket. The above cancellation charges may vary to reflect the terms and conditions of our suppliers, and deposits may be non-refundable for cancellations of all holidays occurring over the following periods – Christmas, New Year, Easter and other school holidays.
C8. SUPPLIERS' CONDITIONS
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our suppliers’ conditions will also apply to your contract with us, and in the event of any conflict between the suppliers’ conditions and our conditions, the suppliers’ conditions will prevail, save to the extent that any term in the suppliers’ conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier.
C9. AIRLINE COLLAPSE
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of ‘like for like’. What this means is that if your flight is an economy seat, we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or, if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flights as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
C10. INTERNATIONAL CONVENTIONS
If any international convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975 or the Montreal Convention 1999); in respect of rail travel, the COTIF Convention concerning international carriage by rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements.
The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the conventions listed in the above section. For claims for missing or damaged baggage, you must follow the rules on the back of your ticket or contained within the carrier’s conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount.
C12. FLIGHT AND OTHER TRAVEL TIMINGS
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check-in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only and we do not have any liability to you for any delay that may arise, or for any schedule alterations.
C13. DENIED BOARDING
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
C14. IF YOU HAVE A COMPLAINT
We aim to provide the best holiday possible. However, if you are not satisfied please complain as soon as possible to the relevant person (for example, the accommodation management or transport supplier). If they cannot help, you must tell your holiday representative or our local agent and we will do everything reasonably possible to sort the problem out. If this does not solve the problem, please telephone us on +44 (0)203 829 8080 (Monday to Friday between 09.00 am and 05.00 pm GMT), reversing the costs of the call, or call our 24-hour helpline as detailed in your itinerary. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, please notify the Client Services Department in writing within 28 days of your return. If you have special needs that prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. For complaints arising from Scheduled Airlines, we will act as a liaison between you and the airline to try to assist in resolving the problem. If we cannot help and you wish to take matters further, you must contact the Airline directly. The address to send your letter to is: Customer Service Department, Niquesa World Ltd, 19 West Eaton Place, London SW1X 8LT. We would point out that failure to follow the above procedures during your holiday, and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures during your holiday, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered. It is difficult (and sometimes impossible) to properly investigate a complaint if we are not told about it reasonably quickly once the holiday is over. Your right to claim compensation may also be reduced or extinguished should any delay in your complaint being notified during or after your holiday prevent us from carrying out a proper investigation. We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme, you must contact CEDR Solve within 18 months of returning from your holiday.
C15. TRAVEL DOCUMENTS AND HEALTH ADVICE
It is your responsibility to have valid travel documents. If we (or your carrier) are fined as a result of you holding incorrect documents, you will have to pay us the full amount. For up-to-date UK government health and travel advice, please visit www.gov.uk/fco, www.hpa.org.uk and www.nathnac.org and also contact your GP. See our Holiday Information pages for further information.
C16. INFORMATION ACCURACY
We publish brochure and website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system (or website) or you will receive the latest information when you make your booking. Activities and things to do in the local area, such as (but not limited to) water sports, water parks and local bus/taxi services, are normally managed by independent local operators who are not our suppliers and we have no control over their availability or prices. Descriptions of accommodation, facilities, itineraries and services we provide are based on information obtained from our suppliers. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities (water sports, for example) may not be available all year round. There may be a charge for some facilities. In some places during high season (and even at other times), there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between the airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
C17. DATA PROTECTION
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have specified that we contact you via e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via one of our Travel Consultants, as required by our Booking Conditions. If you wish to access a copy of any personal data we hold on you, please write to: The Managing Director, Niquesa World Limited, 19 West Eaton Place, London SW1X 8LT. If you wish to opt out of receiving marketing communications from us, please advise one of our Travel Consultants or make the appropriate opt out choices on our website.
C18. YOUR RESPONSIBILITY
We want all our clients to have an enjoyable, carefree holiday, but you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe your actions could upset, annoy or disturb other clients, our suppliers or our own staff, or put them in any risk or danger, damage property or you are unfit to travel, we may end your holiday and terminate your contract. You and your travelling party will be prevented from using your booked accommodation, transport, and any other travel arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay. Alternatively, at our discretion, you may be permitted to continue with your holiday but may have additional terms of carriage imposed upon you. We cannot accept liability for the behaviour of others in your accommodation or flight, or for any facilities/services withdrawn as a result of their action.
C19. YOUR FINANCIAL PROTECTION
The flight-inclusive Package Holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL licence granted by the Civil Aviation Authority. Our ATOL number is 11166. When you buy a flight-inclusive Package Holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that, in some cases, it may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). Where you book with us via an agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of Air Travel Trust at all times, but subject to the agent’s obligation to pass on such payment to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust 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 to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer, where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. Where you book accommodation only, we provide security by way of a bond held by ABTA. Our ABTA number is Y6343. Niquesa Travel is part of Niquesa World Ltd. Niquesa World Limited, 19 West Eaton Place, London SW1X 8LT. Registered in England No. 08232779.