Island Hopping Indonesia - Audley Travel

Terms and conditionsPlease read the following conditions carefully. All holidaysare sold by us subject to these conditions and the othergeneral information in this booklet, our brochures andquotations.Audley Travel Group Ltd (whose administrative offices areat New Mill, New Mill Lane, Witney, Oxon OX29 9SX)are members of the Association of Independent TourOperators. Audley Travel Group Ltd (hereafter referredto as ‘we’, ‘us’, ‘our’) offers a number of products and thetrading names we use are ‘Audley’, and ‘Audley Travel’. Inthese Terms & Conditions, ‘you’ and ‘your’ means allpersons named on the booking, or any of them asapplicable (including anyone who is added or substituted ata later date).Your contract with us and all matters arising out of it aregoverned by English law. We both agree that any dispute,claim or other matter which arises out of or in connectionwith this contract or your holiday, will be dealt with by theAITO Arbitration Scheme - see clause 9 or the Courts ofEngland and Wales only unless, in the case of Courtproceedings, you live in Scotland or Northern Ireland. Inthis case, proceedings may be brought in the Courts ofyour home country. If proceedings are brought in Scotlandor Northern Ireland, you may choose to have yourcontract governed by the law of Scotland/Northern Irelandas applicable. If you do not so choose, English law will apply.1. Paying for your holiday(i) The procedure for making a booking is shown in youritinerary quotation and on our website. All bookings aresubject to these terms and conditions and by asking us toconfirm your booking, the person who makes the bookingis taken to have accepted these booking conditions onbehalf of all persons named on the booking. Once we havereceived the applicable payment(s) due at the time ofbooking (see below), we will, subject to availability of therequested arrangements, send you your invoice. It is at thepoint when we issue this to you that a valid contract willcome into existence between us. Please check yourconfirmation/invoice and all tickets/documents carefully assoon as you receive them and contact us immediately ifyou think any details are incorrect. We regret we cannotaccept any liability if we are not notified of any inaccuracies(for which we are responsible) in any document within tendays of our sending it out (five days for tickets).We will doour best to rectify any mistake notified to us outside thesetime limits but you must meet any costs involved in doingso.(ii) The deposit is part payment of the holiday. The depositrequired will be shown on the quotation page of youritinerary. In addition to the deposit, full or part payment ofcertain elements of your holiday (such as flights) may berequired at the time booking or at some point betweenbooking and balance due date. Also see clause I (iv). Thedeposit and all such additional payments are non refundableexcept as set out in clause 4. The balance must be paid notlater than the date specified on the invoice. This is normallyno less than 8 weeks before the departure date. However,there are a few destinations or trip components thatrequire payment no less than 90 days before the departuredate which will be specified on your invoice and quotation.Please note if we do not receive all payments due (includingany surcharge where applicable) in full and on time, we areentitled to assume that you wish to cancel your booking. Inthis case, we will be entitled to keep all amounts paid ordue at that date. If we do not cancel straight away becauseyou have promised to make payment, you must pay thecancellation charges shown in clause 3 depending on thedate we reasonably treat your booking as cancelled.(iii) Full payment is required at the time of booking for allbookings made after balance due date as above.(iv) On occasions, we may be asked by suppliers to makepayment to them earlier than normal. Such requests may,for example, be made in order to secure accommodationand other services during periods of peak demand. Whilstsuppliers may have no contractual right to make suchrequests, failure to comply with them may result in the lossof confirmed arrangements. Where this situation arises, wereserve the right to ask you to make payment of therequested sum within a stipulated period and prior tobalance due date. We will of course endeavour to avoiddoing so if we can. Any such early payment will be nonrefundable except as set out in clause 4.(v) If you are booking your holiday through one of ourauthorised travel agents the balance must be paid to theagent two weeks prior to the applicable balance due date asspecified on the invoice and quotation. All payments madeto one of our authorised travel agents for the arrangements36 Terms and conditionswe have contracted to provide will be held by them on ourbehalf. If you book your holiday through a travel agent whois not a member of ABTA, all payments must be made tous directly and not your travel agent.2. If you change your holidayIf, after the contract between us has come into existence,you want to change your holiday we will do our best topass your request to the relevant supplier, however wecannot guarantee that such changes can be made. Where achange can be made, we will charge for any additional costsincurred including any costs imposed or incurred by any ofour suppliers, and including for example cancellationcharges that may be incurred for sectors cancelled. Youshould note, for example, that a change of name on orother alteration to an airline ticket will usually incur a 100%cancellation charge and full rebooking fee.3. If you cancel your holidayIf you have to cancel part of the booking or cancel theentire booking once it has been confirmed by us, writtennotification must be sent to us by recorded delivery post orby email. As proof of receipt by email of your notification tocancel you must receive and retain writtenacknowledgement from Audley Travel. Charges will beapplied from the date the letter is received, or the email isacknowledged by Audley Travel, according to the scalebelow. The charges are applied as a percentage of the totalholiday cost excluding any amendment charges and anyamounts paid in addition to the deposit at the time ofbooking or before balance due date (see clauses 1(ii) andI(iv)) which are non refundable in the event of cancellation.The following cancellation charges apply if your final balancedue date is 8 weeks prior to departure. Please note,different cancellation charges apply in relation to certainproducts – please see your quote for details.Period before departuredate within which writtennotification is received atour officesCancellationChargePer PersonUp to balance due dateDeposit onlyBalance due date-43 days 30%42-29 days 60%28-3 days 90%Within 2 days 100%Alterations or cancellations by you aftercommencement of travel and unused servicesWe will do our best to implement any changes to yourarrangements you request once they have commenced, butwe cannot guarantee this will be possible. In the event ofsuch amendments being made you will be liable for anycancellation charges that may be levied for the servicesoriginally booked, and for the cost of booking the revisedarrangements and the arrangements themselves. As a basicprinciple, no refunds will be paid to clients who do notcomplete a tour. However where we ourselves are able toobtain a refund from hotels or principals for services notused, we will pass this on to you, less any reasonableadministration charges.THE IMPORTANCE OF TRAVEL INSURANCEIf you have taken out holiday insurance you may, dependingon the detail of your policy, be able to recover thecancellation charges, check your policy for details. Nevertravel without insurance, the unexpected can alwayshappen. It is your responsibility to ensure you areadequately covered by insurance. Please read your policyand take it on holiday with you.4. If we change your holidayWe start planning the holidays we offer many months inadvance. Occasionally, we have to make changes to andcorrect errors in itineraries and other details both beforeand after bookings have been confirmed and cancelconfirmed bookings. Whilst we always endeavour to avoidchanges and cancellations, we must reserve the right to doso. However, we promise we will only cancel yourconfirmed booking after balance due date where you havefailed to comply with any requirement of these bookingconditions entitling us to cancel (such as paying on time) orwhere we are forced to do so as a result of ‘force majeure’as defined in clause 5 below. We will not cancel after thisdate for any other reason.Most changes are minor. Occasionally, we have to make a‘significant change’. A significant change is a change madebefore departure which, taking account of the informationyou give us at the time of booking and which we canreasonably be expected to know as a tour operator, wecan reasonably expect to have a major effect on yourholiday. Significant changes are likely to include thefollowing changes when made before departure; a changeof accommodation to that of a lower official classificationor standard for the whole or a major part of the time youare away*, a change of accommodation area for the wholeor a major part of the time you are away, a change of UKoutward departure time or overall length of time you areaway of twelve or more hours, or a change of UKdeparture airport to one which is more inconvenient foryou (except as between Gatwick and Heathrow).*Please note: A change affecting a stay in a hotel during atour where the hotel itself is not the focus of the tour, doesnot constitute a significant change.If we have to make a significant change or cancel, we willtell you as soon as possible. If there is time to do so beforedeparture, we will offer you the choice of the followingoptions:-(a) (for significant changes) accepting the changedarrangements or(b) purchasing an alternative holiday from us, of a similarstandard to that originally booked if available. Please note:Due to the original and individual nature of our holidays itfrequently may not be possible to offer you a comparableholiday to that originally booked.(c) cancelling or accepting the cancellation in which caseyou will receive a full and quick refund of all monies youhave paid to us.You must advise us of your decision within 7 days of thedate on which we notified you of the significant change orcancellation. Please note, the above options are notavailable where any change made is a minor one. A minorchange is any change which, taking account of theinformation you have given us at the time of booking orwhich we can reasonably be expected to know as a touroperator, we could not reasonably expect to have asignificant effect on your confirmed holiday.If we have to make a significant change or cancellation wewill pay you the compensation set out below subject to thefollowing exceptions. Compensation will not be payableand no liability beyond offering the above mentionedchoices can be accepted where (1) we are forced to makea change or cancel as a result of unusual and unforeseeablecircumstances beyond our control, the consequences ofwhich we could not have avoided even with all due care or(2) we have to cancel because the minimum number ofbookings necessary for us to operate your holiday has notbeen reached - in this case we will notify you no less than60 days before departure. Please note: all escorted grouptrips are based on group arrangements involving a givenminimum number of passengers. No compensation will bepayable and the above options will not be available if wecancel as a result of your failure to comply with anyrequirement of these booking conditions entitling us tocancel (such as paying on time).Period of notification ofchange before scheduleddeparture dateMore than 60 daysNil60-43 days £1042-29 days £2028-15 days £3014-0 days £40Compensationper personIn the unlikely event that we become unable to provide asignificant proportion of the services you have booked afteryou depart, we will make alternative arrangements for youat no extra charge, or, if this is impossible, or you do notaccept these alternative arrangements for a good reason,we will provide you with transport back to the point whereyour holiday arrangements with us commenced. If we areforced by ‘force majeure’ (see clause 5) to change orterminate your holiday after departure but before thescheduled end of your time away, we regret we will beunable to make any refunds (unless we obtain any refundsfrom our suppliers), pay you any compensation or meet anycosts or expenses you incur as a result except as set outabove.5. Force majeureExcept as set out in these terms and conditions, we cannotaccept liability or pay any compensation where theperformance or prompt performance of our contractualobligations is prevented or affected, or you otherwise