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Terms and Conditions
YOUR OBLIGATION TO US
1. YOUR HOLIDAY BOOKING - When you make a booking with us, you
enter into a contract with Argo Holidays Limited trading as Jetlife. This is
made once the following steps have been fulfilled: a) you have provided
a deposit of £125 per person (£200 if taking a cruise) together with the
correct, non-refundable insurance premium (if required) and; b) Jetlife's
confirmation account has been sent to you or your travel agent. When
you make the booking you guarantee that you have the authority to
accept and so accept on behalf of your party the terms of these booking
conditions.
Late bookings made within 8 weeks of travel are accepted at the time
your holiday arrangements are confirmed to you or your travel agent.
Written confirmation will be sent to you as soon as possible. You must
check Jetlife's confirmation carefully and raise any queries with Jetlife
immediately upon receipt. Your contract with Jetlife is governed by
English law and is subject to the exclusive jurisdiction of the English
courts and is deemed to have been made at Jetlife's offices in London.
Upon receipt of your final invoice or confirmation, a binding contract will
then come into effect between both parties.
If you had not seen these terms and conditions when you made your
booking and you are not happy to proceed with the booking now that
you have seen them please return all documentation to us or to your
travel agent, within 7 days of receiving these booking conditions. Your
booking will be cancelled and your monies will be returned in full,
provided you have not commenced your travel. This clause does not
apply if your booking was made within 10 weeks of travel.
If you book through a travel agent, any advice given to you by the agent
which is not based on advice given by us to him, is his responsibility.We
do not accept liability if incorrect advice is given to you in these
circumstances. Even if you book with a travel agent, the contract for your
holiday is with Jetlife and not the agent.
2. YOUR HOLIDAY PAYMENT - Full payment must be made to Jetlife at
least 8 weeks prior to departure. If you book less than 8 weeks prior to
departure you must pay the full price of the holiday when you book. In
the case of certain 'Special' airfares a deposit equivalent to the full price
is payable immediately. If this is so you will be advised at time of
booking. Payment may be made by cash, cheque (provided there is time
to clear the cheque) or by any major credit card (2% surcharge)
acceptable to us or your travel agent. Please note your holiday may be
cancelled if you fail to make payment on time and if it is, cancellation
charges as set out in paragraph 6 will be payable by you. Monies paid to
your travel agent for a holiday arranged by Jetlife are held by that travel
agent as agent for Jetlife.
3. IF YOU HAVE A SPECIAL REQUEST - If you have a special request that
does not form part of the arrangements described in this brochure,
please inform us in writing.We will do our best to comply but in view of
the large number of requests received, cannot guarantee to do so and it
will not form part of our contracted obligations.We regret that we are
unable to advise you prior to departure if special requests cannot be
met. Requests for wheelchair assistance at airports, special in-flight
meals or seats, adjacent rooms for families, non-smoking rooms, the
choice of Main or Second meal sittings in smoking or non-smoking areas
for cruise passengers etc, should be made at the time of booking and
clearly indicated on your booking form. Special requests made after your
booking date must be confirmed to Jetlife in writing within 3 days of the
request. We will make every effort to comply with your requests and
inform the airline or hotels concerned. However, we cannot guarantee
that special requests will be provided, and strongly recommend that you
repeat your request to the airline or hotel at the appropriate time.
4. YOUR HOLIDAY INSURANCE - Adequate insurance is essential. Your
booking cannot be accepted until insurance arrangements have been
made.You may take our special holiday insurance or arrange comparable
or greater cover under ALL sections. Premiums will be automatically
added to your invoice unless your booking form specifies the details of
alternative insurance taken by you. The insurance scheme offered by
Jetlife provides adequate cover for normal circumstances but it is your
responsibility to arrange additional cover to meet your own personal
requirements.
5. IF YOU ALTER YOUR CONFIRMED BOOKING - If you wish to alter any
holiday arrangements after we have sent you our confirmation we will
do our best to arrange this. You must write to us or your travel agent
with details of the alteration requested.Any alterations will be subject to
availability plus agreement by relevant supplier(s) and there will be an
administration charge of £25 per person per amendment.You will also be
required to pay any additional costs arising from the alteration. In many
cases a transfer or a name change will mean the cancellation and
rebooking of flights and hotels and a significant additional charge. You
should be aware that these costs could increase the closer to the
departure the changes are made by you. If you change the number of
people in your party the holiday price will be recalculated for the new
party size. This may mean that accommodation is under-occupied and
the other members of the party may have to pay an increased price (i.e.
room sole occupancy charge). Please note that such increases are not
cancellation charges, even though they may arise because a member of
the original party has cancelled, and are not covered by insurance. If you
wish to make a change to your arrangement whilst on holiday this is
your sole responsibility and any additional cost must be paid by you in
resort. It is not possible to make refunds for any services or
accommodation booked but not used. Notice of any alterations must be
given to Jetlife in writing and signed by the person who signed the
original booking form and sent with payment for the appropriate
charges.
6. IF YOU CANCEL YOUR HOLIDAY - Should you wish to cancel your
confirmed booking, the person who signed the booking form must
notify Jetlife in writing as soon as possible. The following charges will
apply from the date on which written notification is received by Jetlife to
compensate Jetlife for its estimated losses and expenses:
More than 56 days prior to departure -
deposit and insurance premium (Holidays with Cruising 20%)
56-43 days prior to departure - 30% (Holidays with Cruising 50%)
42-29 days prior to departure - 60% (Holidays with Cruising 70%)
28-3 days prior to departure - 90% (Holidays with Cruising 100%)
Within 2 days of departure and after commencement of the holiday -
100%
7. IF YOU HAVE A COMPLAINT - If you have cause for complaint whilst on holiday, this must be brought to the attention of Jetlife's local appointed representative/agent or the hotel management immediately so that action can be taken to remedy the problem. Should your representative/agent or the hotel management be unable to resolve the problem in the resort, details of the complaint should be notified to Jetlife in writing within 28 days of the end of the holiday. Please remember to quote your holiday booking number. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative service without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract.
OUR OBLIGATION TO YOU
8. JETLIFE HOLIDAY PRICES - We reserve the right to change our prices at
any time before you book. If we do, you will be told of the revised price
applicable to your booking before you commit yourself. Thereafter the
price of your travel arrangements is subject to surcharges on the
following items for increases in: transportation costs eg fuel, scheduled
airfares and other airline surcharges which are part of the contract
between airlines (and their agents) and us, security charges, government
action such as increases in VAT or any other government imposed
increases, currency in relation to adverse exchange rate variations. Even
in this case we will absorb an amount of equivalent to 2% of the holiday
price which excludes insurance premiums and any amendment charges.
Only amounts in excess of this 2% will be surcharged but where a
surcharge is payable there will be an administration charge of £1.00
together with an amount to cover agents commission. If this means
paying more than 10% of the holiday price, you will be entitled to cancel
your holiday with a full refund of all money except for any premium paid
for holiday insurance and amendment charges. Should you decide to
cancel because of this, you must exercise your right to do so within 14
days from the issued date printed on the invoice. The price of your
holiday was calculated using exchange rates quoted in the Financial
Times Guide to World Currency on 01 December 2005 in relation to the
US dollar. Please note that in the event of the government or other
regulatory body imposing a levy in order to provide additional protection
we reserve the right to pass this on in full and will not be subject to the
surcharge requirements.
9. IF JETLIFE ALTERS YOUR CONFIRMED BOOKING - Whilst everything
will be done to provide the holidays shown in this brochure, Jetlife may
occasionally have to change your holiday arrangements or part of them.
Jetlife reserves the right to do so. Most alterations are minor and should
not affect the overall enjoyment of your holiday. In the case of minor
alterations, we will do our best to notify you before departure. If Jetlife
has to make significant alterations to your holiday arrangements, we will
notify you as quickly as possible. You may then: a) accept the change and
the contract will be varied to incorporate the change; or b) take an
alternative holiday subject to availability. If the alternative holiday is of a
lower price than that originally confirmed, the difference will (if already
paid by you) be refunded to you. If the alternative holiday is more
expensive then you will have to pay the difference; or c) withdraw from
the booking completely, in which case Jetlife will make a full refund of all
monies paid by you. In addition Jetlife will pay compensation as follows:
More than 42 days prior to departure - Nil;
41-28 days prior to departure - £10 per adult;
27-14 days prior to departure -£20 per adult;
13 days to arrival in resort - £30 per adult.
Note: If the substitute holiday is of a lower price than the one originally
booked, we will also refund the price difference.
If the substitute holiday is of a higher price we will deduct the price
difference from the compensation payable.
Significant changes include the following: change of UK departure
airport other than between Heathrow, Gatwick, Stansted and London
City; change of time of departure or return by more than 10 hours;
change of resort; change of accommodation (but not room type) to that
of a lower category.
Please note that Jetlife will not pay compensation for flight delays of less
than 12 hours or schedule changes by the airline or other circumstances
beyond Jetlife's control. As factors affecting flights stopping at an airport
en route are not normally known in time for notification, such alteration
is not regarded as a significant change and neither are changes in carrier
or aircraft type or where a designated smoking flight is changed to nonsmoking.
Jetlife is not liable to pay compensation where the change is by
reason of unusual and unforeseeable circumstances beyond Jetlife's
control and which could not have been avoided by the exercise of all due
care. The compensation scales shown above are for adults only. Children
will receive compensation pro rata based on the child price of the holiday
against the full adult price as shown on the confirmation.
10. IF JETLIFE CANCELS YOUR HOLIDAY - Cancellation may be necessary
in exceptional circumstances and Jetlife reserves the right in its absolute
discretion to cancel your holiday. If this occurs you will be offered the
choice of an alternative holiday of comparable standard (if available)
together with a refund of any price difference or a full and prompt
refund of all monies you have paid. In no case except for circumstances
outside our control or where you fail to make payment in whole or in
part will your holiday be cancelled within 8 weeks of departure.
Circumstances outside our control include but are not limited to war,
threat of war, riot, civil strife, industrial dispute, terrorist activity, natural
or nuclear disaster, fire or adverse weather conditions. If cancellation or
curtailment of your holiday occurs as a result of circumstances beyond
Jetlife's control, the consequences of which could not have been avoided
even with all due care, Jetlife will not pay any compensation, nor be
responsible for costs and expenses incurred by you as a result.
11. JETLIFE'S RESPONSIBILITY TO YOU - We accept responsibility for
ensuring that your travel arrangements, which you book with us, are
supplied as described in this brochure. If any part of your travel
arrangements are not provided as promised, due to the fault of our
employees, agents or suppliers we will pay you appropriate compensation
if this has affected the enjoyment of your travel arrangements. Subject to
paragraph (iii) below our liability in all cases shall be limited to a
maximum of twice the price paid for your travel arrangements.
Jetlife accepts liability for any loss or damage suffered by you or any
person in your party by the failure to perform, or the improper
performance of, the contracted holiday arrangements unless the failure
or improper performance is attributable to: a) you or some other person
in your party; or b) a third party unconnected to the provision of the
holiday arrangements contracted for and is unforeseeable and
unavoidable; or c) unusual or unforeseeable circumstances beyond
Jetlife's control the consequences of which could not have been avoided
even if all due care had been exercised or to an event which Jetlife or the
relevant supplier of the services could not foresee or forestall even with
all due care.
Jetlife's liability to you is (except in the case of damages for personal
injury or death) limited to twice the price paid for the holiday by you or
any member of your party claiming (exclusive of insurance premiums
paid).
In the case of services provided by air and sea carriers, Jetlife's liability is
limited as if it were a carrier within the appropriate international
conventions and the contractual terms of the companies that provide
the transportation for your travel arrangements will apply to this
contract. These may contain terms which affect your rights to
compensation (see paragraph 12).
Should you or any member of your party suffer illness, bodily injury or
death through any misadventure arising out of an activity which does
not form part of your holiday arrangements nor part of any excursion
sold through us, we shall offer you every assistance we can.This includes,
in Jetlife's reasonable discretion, advice and guidance and, where
appropriate, initial financial assistance in pursuing a legal claim for
compensation against a third party provided that the request for
assistance is made within 90 days of the date of misadventure. The
aggregate cost to Jetlife of providing such advice, guidance and
assistance shall not exceed £5,000 per person and a maximum level of
£25,000 per booking form. In the event of a successful claim for damages
or costs against a third party and/or a suitable policy of insurance in
force, the costs actually incurred by Jetlife or its insurers must be repaid
to Jetlife. If you have taken Jetlife's recommended insurance cover, you
must make an insurance claim under the legal expenses section to
recover any legal fees incurred abroad and if you have taken alternative
insurance, you must claim under the legal expenses section of that
policy.
12. YOUR HOLIDAY TRAVEL - Transport on an aircraft, coach or ship is
subject to the conditions of carriage of the Company providing that
transport, some of which limit or exclude liability. These conditions are
often the subject of international conventions between countries and
copies of the conditions which apply to your holiday journey will be
made available for inspection either at our offices or at the office of the
carrier concerned. By its contract with you, Jetlife does not enter into an
agreement for carriage by air but only undertakes to reserve on your
behalf accommodation on board an aircraft operated by one or other of
the airlines mentioned in this brochure or such other airline as may be
substituted. Please note that the Civil Aviation Authority regulations
allow all scheduled/charter flight times and details to be changed by the
airline or operator without prior notice. Jetlife cannot be held
responsible for such changes. Timings of flights in this brochure are
provided for guidance purposes only.The latest available schedule will be
provided with your travel tickets approximately 3 weeks prior to your
departure. Check-in at airports is usually at least 3 hours before takeoff.
The airline may refuse check-in if you arrive late which may result in full
cancellation charges being levied. Any additional costs incurred in
assisting you to travel in such circumstances will be your responsibility.
You are reminded that captains of aircraft have absolute authority over
the aircraft and its passengers whilst boarding or in flight.The captain or
other authorised representative of the airline can refuse to carry anyone
who is deemed to be disruptive, unfit to travel or a danger to the flight
or other passengers. If you are refused carriage in these circumstances,
your holiday arrangements will terminate immediately and Jetlife will
have no further responsibility or liability to you. There are times when a
flight is delayed for reasons completely beyond Jetlife's control. When
this happens we will do our best to provide refreshments or meals
(dependent upon local availability) appropriate to the time of day and
the length of your delay, and to provide accommodation overnight if
necessary. Additionally, if you take our recommended insurance, you
have the right after 12 hours delay to your outbound flight to cancel the
holiday and receive a refund or to continue on your holiday and receive
compensation.
13. OUR COMPLAINTS ARBITRATION PROCEDURE - In the unlikely event
that a dispute arises out of or in connection with this contract which
cannot be amicably settled, the complaint may (if you wish) be referred
to arbitration under a special scheme which, though devised by
arrangement with the Association of British Travel Agents, is
administered quite independently by the Chartered Institute of
Arbitrators. The Scheme (details of which will be supplied on request)
provides for a simple and inexpensive method of arbitration on
documents alone with restricted liability on the customer in respect of
costs. The Scheme does not apply to claims for an amount greater than
£5,000 per person. There is also a limit of £25,000 per booking form. The
Scheme can, however, deal with compensation claims which include an
element of minor injury or illness subject to a limit of £1,000 on the
amount the arbitrator can award per person in respect of this element.
The rules of the Scheme provide that the application for arbitration and
Statement of Claim must be made within 9 months of the date of return
from the holiday. Outside this time limit arbitration under the Scheme
may still be available if the company agrees, but the ABTA Code does not
require such agreement.
14. CONSUMER PROTECTION - The air holidays and flights in this brochure
are ATOL protected, since we hold an Air Travel Organiser's Licence
granted by the Civil Aviation Authority. All Jetlife holidays are operated
under ATOL number 0324. In the unlikely event of our insolvency, the CAA
will ensure that you are not stranded abroad and will arrange to refund
any money you have paid to us for an advance booking. For further
information, visit the ATOL website at www.caa.co.uk. Jetlife (a trading
name of Argo Holidays Ltd) is a Member of ABTA with membership
number V0688, ABTA and ABTA Members help holidaymakers to get the
most from their travel and assist them when things do not go according
to plan.We are obliged to maintain a high standard of service to you by
ABTA's Code of Conduct. For further information about ABTA, the Code of
Conduct and the arbitration scheme available to you if you have
complaint, contact ABTA, 68-71 Newman Street, London W1T 3AH, Tel: 020
7637 2444 or www.abta.com.