| OE Travel Co/Frontier Travel BOOKING CONDITIONS |
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The following Booking Conditions form the basis of your contract with OE Travel Co @ Frontier Travel Limited. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, "you" means all persons named on the booking (including anyone who is added or substituted at a later date). "We" means OE Travel Co/Frontier Travel. 1. Making your booking You may book by telephone or by post or email.
The first named person on the booking will be treated as the party leader.
The party leader must be at least 18 and must be authorised to make the
booking on the basis of these booking conditions by all persons named
on the booking. All communications and travel documents will be sent to
the party leader (not individual party members) who will be responsible
for passing them on to other party members. Party leaders are responsible
for organising all payments due to us. When we have received all appropriate
payments, we will, subject to availability, confirm your holiday by issuing
a confirmation invoice. This invoice will be sent to the party leader.
Please check this invoice carefully as soon as you receive it. 2. Payment In order to confirm your chosen holiday, a deposit of $100 (unless otherwise stated) or full payment if booking within 4 weeks of departure must be paid at the time of booking. For insurance see clause 7. The balance of the holiday cost must be received by us not less than 4 weeks prior to departure for Pamps/Beerfest/Hogmanay/Tomatina or ANZAC bookings, 14 days for other packages, or as per airline booking conditions of advance purchase for specific fares. This date will be shown on the confirmation invoice. This is the responsibility of the party leader. If we do not receive all payments due in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be payable. 3. Your contract Except for booking made within 10 days of departure, a binding contract between OE Travel Co/Frontier Travel and our UK operator for Pamps/Beerfest/Hogmanay/Tomatina or ANZAC bookings and the party leader automatically comes into existence 7 days after we despatch out a confirmation invoice to you. If you do not wish to accept our Booking Conditions (which will accompany our confirmation invoice) or for any other reason not go ahead with the booking, you may cancel it and have your money back providing the party leader tells us in writing before this 7 day period expires and there are no cancellation fees from suppliers of product to OE Travelclub/Frontier Travel. For bookings made 10 days or less before departure, a binding contract comes into existence at the end of the telephone conversation when you book (if booking by telephone and paying by credit card) or when we issue a confirmation invoice. This contract and all matters arising out of it are governed by the NZ or English law depending where the tours depart from. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by the Courts of NZ or for UK departures Pamps/Beerfest/Hogmanay or ANZAC of England and Wales only. Changes to these Booking Conditions will only be valid if agreed by OE Travel Co/Frontier Travel in writing. 4. The cost of your holiday We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. Currency changes also mean prices may need to be adjusted on final payment. You must check the price of your chosen holiday at the time of the booking and or final payment. 5. Changes by you Once a binding contract comes into existence, changes cannot be made. Bookings and names on the booking cannot be transferred. The cancellation charges set out in clause 6 will be payable by anyone named on a confirmed booking who does not travel. 6. Cancellation by you. If everyone named on a booking wishes to cancel, the party leader must immediately advise us in writing. If individuals wish to cancel, they or the party leader must immediately advise us in writing. The notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking and may be unable to re-sell your holiday, the following minimum cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums. Insurance premiums are not refundable in the event of the person(s) to whom they apply cancelling. For Pamps/Beerfest/Hogmanay/Tomatina or ANZAC bookings the period before departure within which written notification of cancellation is received by us and cancellation charge per person cancelling is as follows; 28 days or more - deposit, 14-27 days - 80%, 14 days or less - 100%. Other packages or airfares have differing cancellation charges as specified at the time of booking. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. 7. Insurance We consider adequate travel insurance to be essential. Details of the policy we offer are available on request. Our insurance may be purchased up to and including the day of departure. If you decide not to purchase this insurance, you must sign our indemnity agreeing to be responsible for all costs which would have been covered if insurance had been taken (copy available on request). Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies unless advised. 8. Changes and cancellation by us We start planning the holidays we offer
many months in advance. Occasionally, we have to make a "significant
change". 9. Force Majeure We regret we cannot accept liability or pay any compensation where the performance or prompt performances of our contractual obligations is prevented or affected by "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 10. Our Liability to you (1) The accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers. However, subject to these Booking Conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable where any failure to perform or improper performance of the whole or any part of our contract was due to:- (2) the act(s) and/or omission(s) of the person(s) affected or (3) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or (4) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care. (5) It is a condition of the acceptance of liability set out in clause 10(1) of these Booking Conditions that you notify us of any claim you and/or any member(s) of your party has in accordance with the clause. 11 "Complaints and problems". (6) In all cases, our liabilities
in respect of air, sea, rail and road carriers, hostel and hotel keepers
are limited as if we were carriers/hotel keepers within the applicable
international conventions. For all claims which result from international
carriage, compensation can only be paid in those situations where the
carrier concerned would be obliged to pay compensation under the relevant
international convention were a claim made against that carrier in 12. Behaviour When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our opinion or in the opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility towards such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. 13. Special requests, medical problems, general requirements and dangerous activities. If you have any special request, you must advise us in writing at the time of booking. Special requests cannot be guaranteed and failure to comply will not be a breach of contract. If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. Some of our holidays are party tours which suit outward going, energetic young people. Large quantities of alcohol are usually consumed at the European events. Please consider whether this is the right sort of holiday for you before you book. Bull running is inherently dangerous, death and injury occasionally occur. Participation is entirely at your own choice and risk. You are responsible for your own safety and well being. We do not encourage you to engage in any dangerous activity (eg. jumping off statues) or to drink excessively. We cannot accept responsibility if you drink too much, partake in any illegal activity or engage in dangerous activities and suffer injury, illness, death, loss or damage as a result. 14. Passport, visas and health requirements New Zealand and Australian nationals require a full passport and may need visas to visit mainland Europe. Full details are available on request. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. 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. 15. Financial security We operate a client trust account. This means that your money will be refunded if your holiday cannot be provided due to our insolvency. 16. Brochure/Web Page Accuracy Please note, the information and prices shown in any brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. 17. Delay We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. 18. Safety standards Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the NZ or the UK. As a general rule, these requirements and standards will not be the same as the UK or NZ and may sometimes be lower. |
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