Booking Conditions

TERMS & CONDITIONS

The holidays in this brochure are operated by Sportif International Ltd trading as "SPORTIF", a fully bonded Tour Operator, licensed by the Civil Aviation Authority under ATOL NO. 2910.

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BOOKING CONDITIONS

Holiday Contract - Our contract with you is made when you ask for your holiday booking to be confirmed. All bookings are made on the basis of these core terms, relevant Information and the details on your invoice. Please see our website or call us for the complete information before you proceed. It is subject to the law where you live in the United Kingdom - jurisdiction to be agreed for non-residents. Under no circumstances do any of our agents or staff have the authority, expressly or implied, to alter or vary these conditions unless authorised to do so in writing by the company.

1. Payment for the holiday
To confirm your holiday you will be required to pay the appropriate deposit and any other applicable supplements due at the time of booking. Some airfares are booked at especially competitive rates to which the airlines may attach severe restrictions. You may be asked to pay for these in full at the time of booking and they may be non-refundable in the event of a cancellation. Details will be given at the time of booking. If you choose to pay by credit card, there will be a 2.5% fee added to your booking. Where travel is within 12 weeks of the booking date you will need to pay the full cost of the holiday at the time of booking, by debit or credit card. Cheques require 5 working days to clear. Cheques that will not clear at least 12 weeks before departure cannot be accepted. Once payment has been made and cleared we will forward the lead name on your booking a confirmation/invoice detailing your holiday and showing the total cost and balance due, (excluding any credit card charge), within approximately 14 days. You should check all the details shown on this invoice very carefully especially the spelling of your name which must be the same as your passport. You must inform us as quickly as possible if any of the details on the invoice are incorrect. The balance due date will also be shown on your invoice. Please note that the balance of the holiday must be paid no later than 12 weeks before departure. Failure to do this may result in your holiday being cancelled and charges made accordingly. We reserve the right to refuse the booking of, or retain any person as a client and we shall be under no liability for any extra costs incurred by such a person as a result of our action, but we will refund monies already paid to us.

2. Late Bookings
The full balance of the holiday must be paid at the time of booking by debit or credit card if the date of departure is in 12 weeks or less. Bookings made within 15 days of travel (i.e. 14 days or less) incur a £I5 per adult/child administration charge and tickets may not be sent out by post but will more than likely have to be collected at the airport on the day of departure. It is essential that you ascertain whether or not you can obtain relevant visas and inoculations before making your booking,

3. Prices
The holiday price as quoted at the time of booking, at which time your deposit will be taken, will be confirmed as definite, subject to surcharges as detailed below. Prices shown in our brochure, which make up the inclusive cost quoted on our final invoice, are based on special contract rates. Verbal and website price quotations will be regarded as provisional until confirmed in writing on your Confirmation Invoice. We have no control or jurisdiction over prices that may be charged at the destination for the same or similar services and can accept no responsibility or liability if these differ from those quoted therein. All prices Indicated are for guidance only. The holiday price that we confirm to you in writing at the time of booking is the price, including increases or reductions, that you will pay. The price of your travel arrangements is subject to surcharges for increases in: (i) transportation costs (e.g. fuel, scheduled air-fare and any other airline surcharges which we are obliged to pay or collect), (ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees); and (iii) the exchange rates applied to the particular package. Any benefits derived from decreases in these costs will be passed on to you. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. No price increases will be made within 30 days of departure. If you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in section 10, to accept an offer of alternative travel arrangements from us subject to availability and compensation if appropriate. Travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

4. Insurance
YOU MUST NOT TRAVEL WITHOUT IT.
It is a fundamental term of this contract that you are required to have appropriate and adequate travel insurance for your chosen holiday. Please ask for details of the comprehensive policy we can offer. If you intend to dive, balloon, bungee jump, go jet boating or take part in any other dangerous pastime, make sure that you have the extra cover required. All policies must include medical treatment and repatriation in the event of an accident or serious illness. If you do not take out cover under our policy, you must advise us of the details of your own insurance including the name of the insurer and the policy number as soon as possible. Our representative abroad has the right to see the policy so that appropriate advice and assistance can be given. Clients in breach of this condition will be deemed to have indemnified the company for any consequential loss incurred by the company on their behalf and such costs will be redeemable from them.

5. Your Ticket Conditions
You accept when you travel with an air and/or a sea, train or bus carrier that their up to date approved Conditions of Travel apply, some of which may exclude or limit liability. These Conditions are often the subject of international agreements between countries, and copies of the Conditions which apply to your air, sea, train or bus travel are available on request from us. When travel & health documents (passports, visas & inoculation certificates) are required for your holiday, it is your responsibility to procure them. We cannot be held liable in any way for any failure to do so.

6. If You Change Your Booking
If you want to change any details of your booking (e.g. transfer to a different holiday with us, departure date, airline, airport, change the number of people booked to travel, change or cancel an excursion or pre-departure special offer etc), we will do our best to help. If you or any member of your party are unable to proceed with the holiday, you can transfer the booking to a substitute person, providing they are suitable; satisfy all the conditions applicable to the original booking and are acceptable to us. Both the person taking and the person leaving the booking will be responsible for paying any additional costs arising from the transfer. We charge a minimum Amendment Fee of £35 per booking plus any non-refundable costs arising from the contract terms of our suppliers. However, if you change your booking within 70 days of departure, the cancellation charges will apply as shown below in addition to the above Amendment Fee. In the case of name changes, the applicable costs and/or cancellation charges will apply as appropriate. Important Note: Name changes and/or departure changes are not always permitted by airlines and most treat name changes as cancellations and charge accordingly. These charges will be passed on to you in addition to any other Amendment Fees. Once airline tickets have been issued any changes made to the ticket(s) may result in you having to pay for the cancelled ticket(s) and purchase a new ticket(s) at full cost. When the price is dependent on the number of people booked into the accommodation and it then varies because you wish to change that number of people, the price will be recosted based on the new party size. Any increase in price per person payable as a result of a part cancellation is not a Cancellation Charge. A separate Cancellation Charge will be levied in respect of bookings cancelled. A new confirmation invoice will be issued as appropriate, on which the Cancellation Charges will be shown.

7. If You Cancel Your Holiday
You or any member of your party may cancel your booking, or part of it, once it has been confirmed, but the instructions will only be valid if put in writing and signed by the person who made the booking i.e. the lead name on the booking. These written instructions should be sent immediately to us. To compensate us for the expense of processing your booking and for the risk that we may not be able to resell the holiday, we charge a cancellation fee on the scale shown below. The amount payable (by whoever confirmed the booking) depends on when we receive your written instructions - the more notice you give, the less we will charge. If you have to cancel for reasons covered by your insurance policy you should be able to recover your cancellation charges:

In certain cases the carrier or hotelier may apply a higher cancellation charge. Please enquire at the time of cancellation.

8. Changes By Us
There may be a change to flight timings or a hotel may close; a day-to-day tour, cruise or safari itinerary may change because of local circumstances altering the length of time spent in a town or lodge or even omitting a town or lodge due to local conditions. Cruise ships/boats may be changed without notice to ones with similar standards of facilities.

9. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Sometimes we may have to cancel your holiday or make changes, which we reserve the right to do at any time. Most of these changes are very minor, but where they are significant/ major, we will inform you when you book, or, if you have already booked, as soon as is reasonably possible if there is time before your departure. A major change is one that we make to your holiday arrangements before departure, including, but not exclusive to, changing your UK departure airport(s) (please note a change between the London airports of Gatwick, Heathrow, Stansted, London City and Luton is not classified as a ‘major change’), resort area, scheduled time of departure or return by more than twelve hours, (except as detailed below, see important note*) offering accommodation of an officially lower category, or significantly increasing the price of your holiday. Any change in the airline or the type of aircraft from that stated in the brochure/website or on your ticket does not count as a Major Change. You then have the choice of either: A. accepting our offer of a replacement holiday of a lower category (if available). If the holiday is cheaper then we will refund the difference in cost to you, B. accepting our offer of a replacement holiday of equivalent or higher quality (if available) or, C. cancelling your holiday. If you choose A or B, the least compensation we will pay you is shown on the scale below. If you choose C, we will refund you all monies you have paid us plus at least the compensation shown on the scale below. Please note that it is advisable to leave booking domestic travel arrangements, hotel accommodation, and car parking etc until final travel documents are received.

NB Children 2-11 years of age in respect of whom reduced rates have been charged, will receive compensation on a pro-rata basis of the adult rate. Children travelling on free child places are not entitled to any compensation. No compensation will be paid to infants.

* Important Note: Compensation payments do not apply to changes or cancellations caused by 3rd party resort developments, changes or cancellations to schedules by airlines, unavoidable technical problems with transport, the number of persons who have booked is less than that required for the package, or any “Force Majeure“. “Force Majeure” means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, closure or congestion of airports or ports, terrorist activity, natural and nuclear disaster, fire, adverse weather conditions and health risks.

10. Tours
Some tours are dependent on minimum numbers. In the case of insufficient demand we reserve the right to consolidate or cancel the tour. In this case, we will offer the same tour on a different date or an alternative holiday or a full refund. We will not make any such changes within 10 weeks of departure. If you make additional arrangements that are not included on our confirmation invoice, we are unable to refund any costs incurred by you outside 10 weeks prior to departure. We reserve the right to vary tour accommodation, itineraries and programmes. Changes to that of a similar standard will not be considered a major change.

11. Our Responsibility For Your Holiday
We only accept responsibility for the proper performance of our obligations under this contract. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is:

• Attributable to you or a member of your party;
• Attributable to a third party unconnected with the provision of the services to you, and is unforeseeable or unavoidable;
• Attributable to our employees, agents, subcontractors and suppliers and their staff whilst acting outside the scope of their employment.
• Due to Force Majeure.
• Due to information, however obtained, from outside sources such as, independent third party websites.
• Any consequential loss not directly connected to the contract with us.

Personal Injury (unconnected with arrangements made by us). Although we cannot accept responsibility for clients who by misadventure suffer illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the foreign inclusive holiday or excursions booked through the company, general assistance will be afforded to clients to a maximum of £5,000 per booking. Furthermore, in the event either of there being a successful claim for costs against a third party or there being suitable insurance policy/ies in force, costs actually incurred by the tour operator shall be recoverable from the clients.

12. Limitations On Our Liability
Our liability to you for any loss or damage which you may suffer is limited to twice the price of your holiday. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination. However you should be aware that these vary widely across the programme and may well not match those standards we enjoy in the UK. Any compensation payable by us shall be limited in accordance with the lowest limit allowed under applicable International Conventions (Warsaw Convention 1929 as amended, Montreal Convention 1999 as amended, E.C. Reg No, 2027 - 1997, EC Reg No. 889 - 2002, EC Reg No. 261 - 2004, EC Reg 2111 - 2005 and EC Reg 1107 - 2006, Athens Convention 1974 (For Ships), Berne Convention (For Rail) and Paris Convention (For Accommodation) governing the services, or the amount you can recover from them under the laws of the UK or the country in which they operate. Transport operators have their own conditions of carriage, which form part of your contract with us. These conditions, and the provisions of the International Conventions, generally limit the liability of transport operators. Ask for Special Needs Form or if you develop a physical problem after booking, contact us as soon as possible.

13. Complaints
If you have a complaint you must tell our Service Representative, local agent, the accommodation management or the airline staff immediately. If we cannot resolve the problem at the resort or during your flight, you must write within 35 days of your return from holiday to us at 39-42a South Road, Haywards Heath, West Sussex RH16 4LA. If you do not tell us about your complaint, our ability to investigate it could be seriously hampered and we will not deal with it unless there is a valid reason why you didn’t inform us. You can, of course, pursue your claim elsewhere. Disputes about your holiday that we cannot settle can be referred to arbitration under a special scheme administered by the Chartered Institute of Arbitrators. The scheme provides a simple and cheap method of arbitration based on documents alone. It does not apply to claims over £5,000 per person or £25,000 per booking form. A limit of £1,000 per person applies to any part of a claim for personal injury or illness. You must apply for arbitration within nine months of your return from holiday, but in special circumstances it may be offered outside this period. Information regarding complaints may be shared with other tour operators.

14. Disorderly Behaviour
We reserve the right to terminate without notice the holiday arrangements of any client whose behavior is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, agent’s property or a third party. Furthermore, if you are prevented from travelling because, in the opinion of a person in authority, you appear to be unfit to travel or cause distress or discomfort to other passengers, then our responsibility for your holiday ceases. No refunds will be given. We have no control over the behavior of other people staying in or visiting your holiday accommodation. Your accommodation is provided solely for the use of passengers shown on the final Confirmation Invoice as confirmed by us; subletting, sharing or assignment is prohibited. We expressly reserve the right to prevent you from participating in the excursions we provide, whether pre-booked or purchased in resort, if in the reasonable opinion of our staff or those of the excursion provider, you are either unsuited to undertake the excursion, or if you appear to be under the influence of drugs or alcohol. In these circumstances your sole remedy against us will be to obtain a refund of the cost of that excursion.

15. Your Financial Security
The air holidays and flights in this brochure are protected by ATOL. When you buy an ATOL protected air holiday package or flight from us, you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s License number 2910. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will refund any money you have paid to us for an advance booking. If you buy arrangements other than a package holiday this financial protection does not apply. For further information, visit the CAA website at www.atol.org.uk

16. Brochure/Website Validity
These terms and conditions are dated 01 January 2011 and replace all previously printed or published booking conditions by Sportif International Ltd. To confirm our current core booking conditions please refer to www.sportif.travel and www.sportifdive.co.uk.