Travelbag Cruise - Booking Conditions

Booking Terms & Conditions

These Booking Conditions form the basis of your contract for all bookings of cruise packages with Travelbag Limited (company registration number 01434872) whose registered office is situated at Glendale House, Glendale Business Park, Sandycroft, Nr Chester, CH5 2DL.

If you are making a cruise only booking different booking conditions will apply. Please ask your travel consultant for a copy.

1.The meaning of the words used in these booking conditions

In these Booking Conditions, the following words have the following meanings (except where the context otherwise requires);-

“ABTA” means Association of British Travel Agents Limited of which Travelbag is a member (No V0654)

“cruise only” means any cruise (of whatever type) which is arranged by us and does not form part of a package.

“arrangements” means a cruise package

“ATOL” means the Air Travel Organisers Licence of which Travelbag is a holder (No. 2959)

“departure” means the commencement of your arrangements.

“Guest” means any person who travels on the booking.

“package(s)” means within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992.

“party leader” means the person who makes the booking

“shops” means our retail shops

“ticket(s)” means the document which, subject to compliance with all applicable requirements, will enable you to gain access to your flight. References to a “ticket” includes an e-ticket and any equivalent document.

“telesales services” means our telephone booking reservation services

“Travelbag”, “we”, “us” and “our” means Travelbag Limited

“website” means the website www.travelbagcruise.co.uk

“you”, “your” and “party members” means all persons named on the booking (including anyone who is added or substituted at a later date) or, where the context requires, any of them.

2. Making your booking/Your contract

The party leader must be at least 21 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. In making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader must ensure that all information provided to us is accurate and complete and must use their own debit or credit card to make the booking. If the debit or credit card belongs to a third party we must have that person’s express authority to use it. The party leader is responsible for making all payments due to us and for passing on to all party members all information and documents provided by us.

The payments set out in clause 6 below must be made at the time you make your booking request. Subject to the availability of all component parts of your requested arrangements and receipt by us of all applicable payments your contract will come into existence when payment is processed. No contract will exist before this point and we have the right to refuse to accept any booking.

Full payment as stipulated in clause 6 must be paid at the time you make your booking request. On receipt of this we will provide you with a booking request acknowledgement number (which you should quote at all times when corresponding with us).

If we are able to confirm your booking request, we will take payment from your debit or credit card and send you a confirmation invoice. If we cannot or do not do so, we will notify you accordingly and any payment which has been made will be refunded.

We both agree that the laws of England and Wales (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us.

We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the scheme is available for the claim in question – see clause 35) or by the Courts of England and Wales.

3. Online Bookings

By clicking to book a cruise package or a cruise only by entering your personal and payment details on the Website, you are making us an offer to purchase the arrangements selected, if they are available. When we receive this offer, we will contact the supplier of the arrangements concerned. Each supplier will require a short period of time to check to see if your chosen arrangements are still available at the price quoted. We will not take any payment from you at this stage.

When you make an offer to us to purchase the arrangements selected if available and should the arrangements requested be available at the price quoted, your booking will be confirmed by the issue of a confirmation invoice.

If the arrangements are available but not at the price quoted, we will contact you by telephone or by email to give you the option to purchase the arrangements at the revised price. Your booking will be confirmed by the issue of a confirmation invoice. Please note that each booking is treated separately on our online booking system. If larger groups want to be sure of sufficient availability for any flights / hotels they should call our call centre. If two parts of the same group book online on two separate bookings and the holiday availability expires between the two bookings we regret therefore that we are unable to cancel the first booked holiday without applying cancellation charges as levied upon us by the tour operators.

4. Non Online Bookings

Alternatively to make a booking you can call our Cruise Department on 0207 001 5832. In the event you make a booking by calling our Cruise Department these terms and conditions will apply. By calling the Telesales Services on the above number you are confirming you have accepted these terms and conditions. A contract will come into existence when payment is processed. No contract will exist before this point and we have the right to refuse to accept any booking

5. Your confirmation invoice / ticket / other paperwork

Please check your confirmation invoice, ticket and any other documentation you receive in relation to your booking as soon as you receive it. Please contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability for any inaccuracy in any documentation (including tickets) . We will endeavour to rectify or arrange for the rectification of any errors but you will be responsible for any costs involved in doing so.

6. Payment

Bookings made via the Website must be paid for in full at the time of booking via credit/debit card.

In the event that you book your holiday more than 12 weeks before departure and do not want to pay in full please contact our Cruise Department on 0207 001 5832 as payment of a deposit to book your holiday may be possible.

If not paid in full at the time of booking, the balance of the cost of your arrangements must be received by us no later than 12 weeks before departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, your booking is likely to be cancelled in accordance with clause 12.

7. Payment Method

We accept payment by:

credit/debit card. We do not accept payment via Solo or Electron. Please note there may be a handling charge payable for credit/debit card payments;
personal or company cheque made payable to Travelbag Ltd. Please note that deposit payments cannot be made by cheque. Payment may be made for the balance via cheque. Please note that we will require 10 business days to clear payments made by cheque;
cash. However please note we do not accept responsibility for cash sent by courier or post, even if sent by registered or recorded delivery post or any other means of special delivery. If you wish to make payment via bank transfer, please ask us for the details of our bank account.

Please note, in addition to the price of your arrangements, there will be a minimum charge of £18.00 per booking administration fee or such other amount as may be amended from time to time.

Most airlines offer only 'e-ticketing'. If you request a paper ticket (if available from the airline), an administration fee of £100 per ticket will be levied in addition to any applicable airline charge.

8. Dispatch of travel documents

Travel documents are usually ready for dispatch to you at least two weeks before departure, but cannot be released until we have received full payment in cleared funds. We recommend that all documents are sent via registered post/courier service, for an additional fee. If you do not want us to send via this method we will post your travel documents either by second class post to the billing address of the party leader or the e-mail address of the party leader.

We do not accept responsibility for documents mislaid or lost by the Royal Mail. If your documents are lost or stolen, it will be necessary for you to complete an indemnity form. If your documents are lost of stolen the booking terms and conditions of the relevant airline and/or supplier will govern the reissue of lost or stolen tickets. Some airlines or suppliers are prepared to issue replacement tickets immediately (but may impose a fee for this); others may require full payment again before they will reissue replacement 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 12 months). You will be responsible for paying any fees (including our administration fee), losses and/or expenses incurred in respect of the reissue of lost or stolen tickets.

9. The cost of your arrangements

Supplements/surcharges may be applicable for peak times including but not limited to bank holidays, special events and Christmas/New Year.

Prices are based on UK sterling and are based on two people sharing the specified stateroom/cabin.

The price quoted generally includes the following where applicable; full board accommodation on board ship, entertainment on board ship; return international and connecting flights as per confirmation invoice; hotel accommodation as stated in the itinerary (room only basis unless otherwise stated) and relevant taxes.

Please note transfers are not included. Please ask your travel consultant if transfers are required.

Please note some cruise operators have implemented a fuel supplement as a result of increases in fuel prices. These fuel supplements will be applicable as per the cruise operators terms and conditions. Please ask your travel consultant for further information.

Please note tips and gratuities are not included in the price of your holiday.

Despite our best efforts, errors in advertised prices and other details occasionally occur and hotel descriptions and facilities can change. We reserve the right to correct such errors and information at any time. You must check the price of your arrangements at the time of booking.

In order to guarantee the price of arrangements confirmed at the time of booking or any element of them (for example, any flight(s)), you may be required to make full payment for the arrangements/element(s) concerned at the time of booking/prior to the balance due date. If you fail to meet any such request, any increase(s) in the price will be passed on to you. However, we would like to draw your attention to the fact that it may not always be possible to guarantee the price by making payment as set out above in which case any increase(s) will be passed on as set out below.

Once the price of your arrangement(s) has been confirmed, then subject to the correction of errors we will only increase or decrease the price in the following circumstances; price increases/decreases after booking will be passed on by way of a surcharge or refund. A surcharge/refund will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at airports or in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, only if any increase exceeds 2% of the total cost of your arrangements (excluding any amendment charges) will we levy a surcharge.

In the event that any surcharge is greater than 10% of the total cost of your arrangements (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase other arrangements from us as referred to in clause 14 “Changes and Cancellation by us”.

You have 14 days from the surcharge invoice issue date to tell us if you want to cancel or purchase other arrangements. If we do not hear from you within this time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of your arrangements or within 14 days of the surcharge invoice issue date, whichever is the later. No surcharge will be levied within 30 days of your departure. No refunds will be payable if any decrease in our costs occurs within this period either.

A refund will only be payable if any decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of such decrease.

10. Special requests, disabilities and medical conditions

If you have any special request, you must advise us at the time of booking. We regret we cannot guarantee any request will be met unless we have specifically confirmed it in writing. Confirmation that a special request has been noted is not confirmation that it will be provided. All special requests are subject to availability. Failure to meet any special request will not constitute a breach of contract.

If you or any member of your party has any disability or medical condition which may affect your arrangements, please provide us with full details at the time of booking so that we can advise as to the suitability of the chosen arrangements. If we/the airline/other supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline the booking. In the event that full details are not given at the time of booking, we reserve the right to cancel the booking when we become aware of these details. Cancellation charges in accordance with clause 13 will apply.

The Guest must be physically fit to undertake the holiday and gives a warranty that this is the case. Guests must be self sufficient and/or should travel with a companion to provide any assistance needed during the holiday. If any disability, mobility problem or condition arises after the reservation has been made then notice must be given to us as soon as possible. We may require a doctor’s certificate or other documentation, information, or waiver relating to such disability, mobility problem or condition as it considers necessary. Boarding may be denied if proper notice of any physical disability, mobility problem or other condition is not given or if the cruise operator is not satisfied that the safety, comfort and well-being of the Guest and any other Guests can be guaranteed. In the event of denial of boarding of the Vessel the cruise operator may at its absolute discretion refund all or part of the cruise only fare (being the fare for bare passage on the Vessel which forms part of the total holiday price), but otherwise no refund will be payable by us. As a general rule the majority of the cruise operators do not allow expectant mothers in or over their 24^th week of pregnancy to travel on board the Vessel.The cruise operator will also require the expectant mother to provide a physicans letter stating that the Guest is in good health, fit to travel, the pregnancy is not high risk and the estimated date of delivery. We reserve the right to introduce a minimum age for travel for infants. Most airlines allow pregnant women to fly up to and including the 36th week of pregnancy, provided the pregnancy has been straightforward, however it is important that you check at the time of booking as some airlines may vary.

11. Insurance

Adequate travel insurance is essential and is required to cover all travel, cancellation and medical liabilities. We have various policies available. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

Please note: in the event that the Guest does not have adequate insurance the Cruise Master will refuse embarkment to the vessel.

12. Changes by you

Should you wish to make any changes to your confirmed arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Where a requested change can be made, a non-refundable amendment fee of £50 per person, per component affected will be payable together with any costs or charges incurred by ourselves or incurred or imposed by any airline or supplier.

Some suppliers/airlines, special fares/costs are in some cases non-refundable as soon as they are booked. In addition some suppliers/airlines, may consider a name change or other change to an existing booking as a cancellation and rebooking with up to 100% cancellation charges payable by you. Please check at the time of booking.

If any member of your party is prevented from travelling, the person(s) concerned may be able to transfer their place provided we are notified not less than 2 weeks before departure. The request must be made in writing by the party leader to: Customer Relations Manager at Travelbag, SP1/8, Skypark, 8 Elliot Place, Glasgow, G3 8EP.

Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 per person must be paid before the transfer can be effected.

For flight inclusive packages, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued, you will have to pay the full cost of an alternative flight (if available) if you wish to transfer after tickets have been issued. If you require an alternative flight then we must be notified in writing not less than two days before departure upon which we shall endeavour to secure an alternative flight.

13. Cancellation by you or by us for Non-payment or late payment

Should you or any member of your party need to cancel your confirmed arrangements, the party leader must immediately notify us in writing. Your notice of cancellation will only be effective when it is received by us.

The cancellation charges below will be payable where you cancel or your booking is cancelled in accordance with these Booking Conditions (e.g. where you fail to make payment as required) except where otherwise stated. The cancellation charges set out below exclude any amendment charges. Amendment charges and insurance premiums are not refundable in the event of the person(s) to whom they apply cancelling.

Please note that where an outbound portion of your flight coupon is not used, the return sector will be automatically cancelled by the airline and will be classed as void. No automatic right to any refund exists for part-used tickets.

Period before departure written notification of cancellation is received by us and cancellation charge

*Prior to 70 days	Total flight cost plus 25% of any other elements or the deposit whichever is higher
69 - 42 days	Total flight cost plus 50% of any other elements or the deposit whichever is higher
41-34 days	41-34 days: Total flight cost plus 75% of the total cost of any other element within the package
33 - 7 days	Total flight cost plus 90% of the total cost of any other element within the package
Less than 7 days	100% of total cost of booking

*These cancellation charges apply to all bookings, except where a booking includes items or services where our suppliers’ own cancellation charges exceed those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking.

All travel documents must be returned before a refund can be processed. In the event of accommodation becoming single occupancy as a result of cancellation by one of more Guests in addition to the above charges, the fare for the remaining Guest(s) travelling will be based on the current single occupancy rate and not the original multiple occupancy rate.

Guests who do not take their full holiday are not eligible for refund for any unused element, including but not restricted to any cruise portion, hotel accommodation, land based programme, flights or transfers. The Guest is bound by any restrictions relating to air travel and air tickets. Fares shall be considered fully earned upon the commencement of the holiday and are non refundable except as otherwise provided in these terms and conditions.

In the event of cancellation by some party members, additional charges may be payable. Any such additional charges must be paid at the time of cancellation or with the balance of the cost of the arrangements as advised.

14. Changes and cancellation by us – Non-material Alteration by us

Arrangements are often made many months in advance. Occasionally, we, airlines and/or suppliers have to make changes to and correct errors in published and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to do so. However, we will only cancel your confirmed booking 12 weeks or less before departure where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel or where we are forced to do so as a result of circumstances outside our control or because an insufficient number of people have booked your chosen arrangements.

Changes to times or itineraries, including changes to times and places of arrival and departure of flights and cruise ships and land based programmes, may be made for reasons including, but not limited to, operational matters, weather and sea conditions, the safety comfort or enjoyment of guests, or reasons beyond our control, airlines and/our suppliers control. In case such changes are made we will endeavour to ensure as far as reasonably practical they are as limited as possible commensurate with maintaining the quality and character of the arrangements and will endeavour to give notice of such changes at the earliest opportunity. Such changes will not amount to material alteration of the arrangements.

15. Cancellation and Material Alteration by us

Occasionally, we may have to make a material alteration. Material alterations include the following changes when made before departure;

a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away;
a change of outward departure time resulting in the overall length of time you are away being reduced by twenty four hours or more. For the avoidance of doubt this does not include delays at the airport on the day of departure; or
a change of UK departure point to one which is substantially more inconvenient for you (except between airports within or around the same city for example London Gatwick and Stansted Airports).

If we have to make a material alteration or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

accepting the changed arrangements or
purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the alternative is less expensive than the original arrangements, we will refund the difference but if more expensive, we will ask you to pay the difference) or
cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.

If we have to make a material alteration or cancel after the date you have to pay the balance of the cost of your arrangements, we will pay you the compensation set out below depending on the circumstances provided we have received full payment subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we cancel more than 8 weeks before departure because an insufficient number of people have booked your chosen arrangements. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where any change is a non material alteration.

Period before departure a material alteration or cancellation is notified to you	Compensation per person (excluding infants)
56 days or more	Nil
55 to 29 days	£10
28 to 14 days	£20
14 days or less	£30

16. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, Travelbag, airlines and other suppliers will not be liable for any change, compensation, cancellation, effect on your holiday, loss, damage or expense of any nature or description you suffer or incur or failure to perform or properly perform any contractual obligation(s) which is due to any event(s) or circumstance(s) which Travelbag, the airline or other supplier, could not, even with all due care, foresee or avoid. Such events may include but are not limited to war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics, technical problem with transport/vessel, closure of port, systems failure and all similar events outside the control of the party concerned.

17. Interruption or Alteration during holiday

Subject to the overriding provisions of paragraphs 12 and 13 above relating to Non-material Alteration and Cancellation and Material Alteration by us, if the holiday is interrupted or significantly altered, we will make suitable alternative arrangements for its continuation.

18. Allocation of accommodation/state room/cabin

We shall have the right to change the accommodation/state room/cabin on the cruise ship offered to the Guest, including making a change of cruise ship, provided that the standard and type of accommodation/state room/cabin are essentially the same or better than that (if any) confirmed by us at the time the reservation was made. No compensation will be payable.

If we are unable to offer such alternative accommodation/state room/cabin, the Guest shall have the right to terminate the Contract up to the date of the commencement of the holiday in which event there shall be a full refund but no further compensation.

In the rare circumstances that the cruise operator may have to change the accommodation/state room/cabin to a class lower than the type of accommodation/state room/cabin confirmed by us at the time the reservation was made after the commencement of the holiday the Guest will have no right to terminate the Contract but compensation will be payable.

We shall have the right to change any hotel accommodation, including making a change of hotel accommodation, provided that the standard and type of hotel accommodation is essentially the same or better than that confirmed by us at the time the reservation was made. In these circumstances there is no right to cancel the Contract or a right to compensation.

19. Flight information

The flight timings given on booking are for general guidance only and are subject to change. The latest flight times will be those shown on your itinerary/e-ticket. You must accordingly check your itinerary/e-ticket carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after the itinerary/e-ticket has been dispatched.

We are not liable if there is any change to a departure or arrival time previously given to you or shown on your ticket. Please reconfirm your flights with the airline.

Please note that a flight described as "direct" will not necessarily be non-stop. Where a sector of a flight itinerary is not utilised without contacting the carrier directly, any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred.

20. Flight delay

Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate. Travelbag is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these Booking Conditions.

21. Denied Boarding Regulations

If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you as the full amount of your entitlement to any compensation or other payment is covered by the airlines obligations under these regulations. For further information you should contact the Air Transport Users' Council www.auc.org.uk

The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.

22. Transfer Voucher

Please note where applicable transfer vouchers will be issued. Please make sure that if you have booked transfers you take the transfer vouchers on holiday with you to hand over to the relevant provider. Please note the transfer voucher also provides details of the process to obtain the service which must be adhered to.

23. Accommodation Grading

Some of our suppliers categorise accommodation and apply their own rating system. However the official star rating of a property is determined by the local authority governing the grading structure in the country the property is based. It is therefore important to read carefully the individual accommodation descriptions. A comparison of cost may also give some idea of how accommodation in the same resort/country is likely to compare in terms of general standards. Accommodation, whatever the rating, is based on a twin or double standard room unless otherwise stated.

24. Travel documents and medical requirements

Upon embarkation, the Guest shall have received all medical inoculations necessary for the holiday and shall have available for production as required during the holiday the passage ticket valid as required for the holiday, passport, visas, medical card and other documents necessary for the scheduled ports of call and disembarkation. Please note, responsibility for establishing and complying with all entry requirements lies solely with the Guest. The Guest shall be responsible for and keep us, the suppliers and any third party indemnified in respect of any liability loss damage or expense arising out of any failure to comply with such requirements.

At any port or place the Guest may be refused to embark or disembark who in the opinion of the Master, Chief Purser, or other authorised Ship’s Officer, might be excluded from landing at destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other Guests or the Crew. In such cases the Guest shall not be entitled to any refund of fare or compensation of any kind. In cases of quarantine of the Vessel involving detention of the Guests, each Guest must bear all risk and expense thereby caused and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the Vessel, and for all other quarantine fees and expenses assessed or incurred in respect of the Guest.

For the avoidance of doubt it is the responsibility of the Guest to ensure they obtain any relevant visa’s to enable them to disembark at any port of call listed in the itinerary. We shall not be held responsible in the event the Guest is refused disembarkment. This includes entry into the USA.

25. Immigration and Health

All adult UK Guests should hold a 10-year UK passport valid 6 months after the scheduled return date. All children from new born to the age of 15 must now have their own individual child passport, also valid for 6 months after the scheduled return date. We may give general advice to UK citizens as to current visa requirements; however responsibility for establishing and complying with all entry requirements lies solely with the Guest. If you are not a UK citizen, please check your passport, visa and any other entry requirements with your own country’s embassy.

If you are travelling to the USA then you will need an ESTA.

26. Age Restrictions

Please note that the cruise operator may impose age restrictions in relation to embarking the cruise Vessel. Furthermore, age restrictions may apply to the drinking of alcohol on board the cruise Vessel. The Guest is responsible for adhering to the age restrictions applied by the relevant cruise operator. Please check with us at the time of booking.

27. Excursions

Optional excursions, land based tours or programmes may be available during the holiday. These do not form part of the holiday provided under the Contract where they are sold on behalf of an operator of the excursion, tour or programme other than by us. However, these terms and conditions apply to all excursions, tours or programmes which are sold as part of the holiday provided under the Contract and/or for which we are deemed responsible.

28. Missing the Cruise Vessel

It is the responsibility of the Guest to make sure they reach the vessel at least 2 hours before sailing time or as advised at the time of debarkation. In the event that the guest misses the cruise Vessel it is your responsibility to ensure you reach the Vessel at the next port of call, at your own expense. We do not accept any responsibility for those Guests who arrive at the port after the time of sailing.

29. Extra Services/Flexi Dining

Services and goods provided during the holiday and any port or airport charges and taxes which are not included in the original holiday price must be paid by the Guest. Where such services or goods are provided on board the Vessel payment must be made before the Guest leaves the Vessel, without prejudice to any lien over the Guest’s goods.

Certain activities, events and dining options are subject to availability once on board. In some cases these activities, events and dining options cannot be booked prior to embarkment. Please note that some activities may carry an extra charge. There are also height restrictions for some of the activities.

Flexi Dining is available with certain cruise operators. Please note these options are not guaranteed and are subject to availability and must be booked once on board. In some cases additional service charges or premiums will be charged.

30. Guest’s Property

The Guest is subject to any and all baggage restrictions made by all carriers during the holiday, including air and land carriers. The Guest is responsible for checking these prior to departure and accepts responsibility for any baggage disallowed or additional charges caused by restrictions including any excess baggage charges levied by an air carrier. Our requirements for cruises are as follows. Only such personal wearing apparel effects and gifts as are appropriate for the cruise may be brought on board by the Guest. ach piece of baggage must be distinctly labelled with the Guest’s name, Vessel name, stateroom/cabin number and sailing date.

Please check with us at the time of booking in relation to the baggage allowance you are able to bring on board with the cruise Vessel.

The Guest must not carry firearms, explosives, inflammable materials or other hazardous items. Any such items or noxious substance in the Guest’s possession on embarkation shall immediately be surrendered to an appropriate member of staff and may be confiscated, destroyed or surrendered to authorities. If the Guest wishes to purchase alcohol ashore to take home with them this should be immediately surrendered to the Vessel’s Master for the duration of the voyage and may be returned to the Guest on disembarkation. The Guest shall have no claim for any loss of inconvenience incurred.

The Vessel’s Master or any crew member acting under the authority of the Master shall be entitled to enter the stateroom/cabin occupied by the Guest at any time for the purposes of searching for controlled or prohibited substances or for the purposes connected with repair, maintenance work, security or safety. The Guest agrees to submit to any personal search or search of baggage and goods where such search is reasonably required by the Vessel’s crew or any Supplier in the interests of security and safety, or any third party acting with governmental authority.

The Guest shall place baggage not retained in a stateroom/cabin in the Vessel’s baggage room or safe and shall obtain a receipt from the Vessel’s crew.

During any transfer of baggage including upon departure from any hotel or airport, arrival at any new destination or upon change of vehicle or means of transport, responsibility for identifying baggage belonging to the Guest and ensuring that it is dealt with as may be appropriate for delivery to the next destination lies with the Guest. Any property left on a Vessel at final destination may be stored and repatriated at the Guest’s expense.

Pets, birds, livestock and other animals are not allowed on board the Vessel.

31. Indemnity

The Guest shall indemnify us for any expense incurred which is not included in the original holiday price including (without limitation) expenses relating to medical, dental or similar treatment, accommodation, transportation, repatriation or damage to property.

Every adult Guest (aged 21 years and over) travelling with a minor Guest (aged 20 years and under) shall be responsible for the conduct of such minor Guest. The adult Guest shall indemnify us in respect of all liabilities and amounts payable in respect of such minor Guests in accordance with these terms and conditions.

32. Actions, Claims and Time Limits

All baggage shall be presumed undamaged during carriage or storage by the cruise operator, any other Supplier or other third party unless written notice is given to us.

Any matter which gives rise to a problem, complaint or claim, must be notified in writing to the purser’s desk at the earliest possible opportunity. If the matter cannot be rectified immediately we must be notified in writing within 28 days after completion of the holiday to enable us to investigate the matter. Any written complaint must be supported with copies of the relevant customer complaints/incident forms provided by the purser’s desk. Failure to give such notice of a problem, complaint or claim may mean that the matter cannot be properly investigated or rectified and this may affect the Guest’s rights.

Any claim shall be time barred if proceedings are not brought within two years from the date of the incident giving rise to the claim or in the case of claims governed by the Athens Convention or any other applicable convention relating to carriage by sea, air or rail from the date specified in such Convention.

In appropriate cases a Guest who has not been able to settle any claim may consider agreeing with us to refer it to the Passenger Shipping Association for conciliation or subject to maximum claim limits to arbitration.

The Contract shall be governed in all respects by the laws of England and Wales and no claim may be brought against us other than in the Courts of England and Wales.

Personal details will be held as data to enable us to fulfil the contract to supply the holiday. This may involve passing these details on to third parties. Personal details supplied to member companies of the Group may also be used for marketing purposes. Personal details will not be disclosed to third parties outside of the Stella Travel Services (UK) group of companies for marketing purposes without the Guest’s express permission.

33. Our Liability to you

A. Subject to these booking conditions, if we or our suppliers perform or arrange your holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

B. We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-

the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or,
the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could have predicted or avoided; or,
force majeure as defined in clause 14 above.

C. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any consequential losses.

D. Please note, we cannot accept responsibility for any services which do not form part of our contract; for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you.

E. The promises we make to you about the services we have agreed to arrange, perform or provide as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question have been properly performed or provided. If the particular services which give rise to a claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.

F. The liability of us, the suppliers and any other parties involved in supplying services in connection with the holiday may be limited by international conventions including conventions relating to the carriage of passengers and their luggage by sea, air and rail. We shall be entitled to the maximum protection allowed by law in respect of their liability or any limitation on damages recoverable.

The liability of us for loss of life or injury to a Guest or for loss of or damage to baggage during the holiday, wherever and whenever occurring, shall in no circumstances except by force of law exceed the limits of liability as provided under the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (1974). In the case of loss or damage to the luggage of any Guest liability is limited to the maximum amounts specified in Articles 7 and 8 of the Convention save in the case of valuables (as defined in Article 5 of the Convention) where no liability is accepted unless such valuables have been deposited for safe keeping in which case liability will be limited as provided for in Article 8(3) of the Convention.

We shall not be liable in respect of consequential loss or damage in respect of claims for detention, delay or overcarriage however caused, save that in the case of loss to the Guest caused by delay solely attributable to the fault of the cruise operator may reimburse expenses unavoidably incurred up to a maximum of 10% of the fare paid.

34. Complaints

In the unlikely event that you have any reason to complain about any arrangements whilst away, you must immediately inform the airline, cruise liners pursers desk or supplier of the service(s) in question. This must be confirmed in writing to the airline/cruise liners pursers desk/supplier as soon as possible. If the complaint cannot be resolved to your satisfaction, you should contact us on 0141 226 6222 9am-5.30pm Monday to Friday) or e-mail customer.relations@travelbag.co.uk as soon as possible. We will do our best to assist. If you remain dissatisfied, you must write to our Customer Relations Manager at Travelbag Limited, SP1/8, 8 Eliot Place Glasgow, G3 8EP within 28 days of the end of your arrangements giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.

35. Arbitration

Disputes arising out of, or in connection with your contract with Travelbag which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently by IDRS part of the Chartered Institute of Arbitrators. Details can be obtained from the ABTA website (www.abta.com).

36. Passports, visas and health requirements

It is your responsibility to ensure that you are in possession of all necessary and up-to-date travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

Those passengers with a non- British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. For European holidays you should obtain a completed and issued form EHIC prior to departure.

All passengers flying to or via the USA must have machine-readable passports. In order to comply with US regulations, airlines operating to the US are required to obtain certain information from passengers, including but not limited to country of residence, full address of your first night’s accommodation in the US, full name, date of birth, gender and if applicable redress number prior to the departure of the flight from the UK. Other destinations may also require this information.

You should take up-to-date health advice about the health precautions you will need to take prior to departure. Information on health is contained in the Department of Health’s leaflet (Health Advice for Travellers) which can be obtained by telephoning 0207 2104850. Further information can be obtained by visiting www.hpa.org.ukwww.fco.gov.uk

You should also note that certain European Countries now require your passport and/or visa number together with any other relevant details in advance of travel.

37. Conditions of suppliers

The services which make up your arrangements are provided by independent suppliers whose terms and conditions may apply. These terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant terms and conditions are available on request from ourselves or the supplier concerned.

38. Behaviour

It is your responsibility to ensure that you and all members of your party do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage). If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our agents and/or our suppliers (e.g. including representatives on their behalf such as hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our Guests and their property and that of our agents and suppliers, including terminating your arrangements, in which case our and our agents' and suppliers' responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.

39. Financial security

We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2959). When you buy an ATOL protected air inclusive holiday from us you will receive a confirmation invoice confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left 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 http://www.abta.com/">www.abta.com

IMPORTANT INFORMATION

This important information together with the booking terms and conditions form the basis of your contract with Travelbag Limited.

Additional Beds
Prices for three and four people sharing a room are available on request. Many hotels do not charge for children who share the standard beds already in a room (usually two double Beds). Charges may apply if additional beds are required. These will usually be of a rollaway or camp-bed style and may make the condition of the room cramped.

Baggage Allowance
Many airlines now charge extra for baggage. Baggage allowance varies by airline and destination. Please ask us at the time of booking for the relevant baggage allowance. Excess charges will apply if your allowance is exceeded on any flight.

Website Accuracy
Changes and errors can sometimes occur and we ask you therefore to check for the latest holiday details at the time of booking. In addition to hotel information, please bear in mind that changes and alterations can also affect escorted tour, cruise and pre-planned self-drive itineraries. This may be due to local holidays, festivals or special events, adverse weather conditions, essential maintenance projects or other circumstances outside our control.

The availability of some facilities and amenities including restaurants, water sports and Kids’ clubs may be affected by local conditions, such as inclement weather, public holidays or low occupancy. Please check with us at the time of booking.

Check-in & Check-out times
Generally, check-in times range between 2pm and 4pm, and check-out between 11am and 12 noon. Subject to the availability of rooms, you may be able to check in earlier. Early check-in is at the discretion of the hotel and cannot be guaranteed unless you book and pay for the accommodation from the night prior to arrival.

Climate
Any climate chart and weather guide provided has been compiled with the aid of information supplied by various meteorological offices. This chart is for guidance only and we cannot accept responsibility for any adverse weather conditions which may impact upon your holiday enjoyment.

Departure Tax
All UK departure taxes and UK airport passenger facility charges (which vary by departure airport) are pre-paid and added to the cost of your air ticket and will be quoted at the time of booking. Various countries impose their own departure tax which may not be included within the cost of your air ticket. Please check with us at the time of booking. Please ensure you have sufficient local funds available upon departure.

Hotel Extras
Parking charges at hotels may be applicable and are not included in the prices shown. Leisure facilities featured at hotels are not necessarily free of charge. The use of facilities such as health clubs, tennis courts, golf courses, horse-riding, motorised Watersports and scuba diving are normally subject to a fee. Some facilities may also only be available seasonally. Please enquire at the time of booking.

Maintenance
Renovations and/or construction work may sometimes be taking place at your chosen hotel/resort. When we have been advised of this and consider that it may affect the enjoyment of your holiday we will notify you as soon as possible. However, while every effort will be made, it may not always be possible to advise you of emergency repairs prior to your departure from the UK.

Meals
When purchasing holiday arrangements on a half board, full board or all inclusive basis, please note that some hotels require that meals may only be enjoyed in the main restaurant. A supplement may be required to dine in other restaurants, or when ordering certain food or beverage items. Please check with us at the time of booking as to what is included.

Rooms
Most hotel prices are based on a standard room for up to two adults. Upgraded room types are available at a supplement; meals are only included where stated. Rooms are generally allocated on a 'run of house' basis, which means you can be allocated a room in any part of the property, unless otherwise stated.

Smoking
Most hotels, airlines and coach companies now operate a complete non-smoking policy. Cities in some countries ban smoking in public places such as bars and restaurants. Please enquire at the time of booking.

Star Ratings
Please note that where used; the star classification system is our own and does not conform to any internationally recognised system. The rating, in our opinion, reflects a true representation of the merits of each property. Inevitably, standards will differ slightly between the many destinations which we feature.

2* Economical and comfortable accommodation offering a simple standard of room and limited facilities.
3* Comfortable accommodation with standard rooms, amenities and public areas. Most three-star properties offer a restaurant on-site and some have a swimming pool.
4* Good superior accommodation offering a selection of services. Most four-star hotels feature a choice of restaurants and in addition, many also have a health club and swimming pool.
5* Five-star hotels offer the highest standards of service and facilities and are acknowledged as the leading properties in the area.
5+* the adjacent symbol gives recognition to hotels of exceptional quality.
+* indicates a hotel falling between two categories.

Utilities
In most of the destinations featured, supplies of water and electricity are generally very reliable; however in some of the less developed and more remote destinations you may experience occasional power cuts and water restrictions. Water quality can also differ from the UK and we recommend drinking bottled water which is widely available.

Special offers
Special offers cannot be used in conjunction with any other offers. Special offers are subject to availability and terms and conditions will apply. Offers can be revoked at any time.

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