Cape Verde Travel

YOUR CONTRACT IS WITH Mr R. Hughes, trading as Cape Verde Travel
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice and ATOL certificate. The contract is made on the terms of these booking conditions, which are governed by English law, and the jurisdiction of English Courts. You may however, choose the new law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
2. Financial Protection
When you buy an ATOL protected air holiday package and/or flights from Cape Verde Travel you will receive a Confirmation Invoice from us (or via our authorised agent through which you have booked) confirming your arrangements and an ATOL certificate confirming your protection under our Air Travel Organiser’s Licence number [3639].
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.atol.org.uk.
The price of our air holiday packages from the UK includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
3. Your Holiday Price
1.
We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed and your ATOL certificate issued.
2.
When you make a booking you must pay a deposit of £350 per person. The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure dates. If the deposit and/or balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times. No monies will be accepted unless an ATOL certificate is issued.
The price of your travel was calculated using the current exchange rates quoted in the “Financial Times Guide to World currencies” in relation to the following currencies: Cape Verdean Escudo.
3.
Changes in transportation costs, include the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no charge within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £10.00 per person together with an amount to cover agents’ commission. If this means you have the option of a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
We will consider an appropriate refund or insurance premiums paid if you can show 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.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that 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. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £30 per person and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Any variation of the travel arrangements will result in a new ATOL certificate being issued
NOTE
Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alternation request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 6.
NOTE
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If It is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Please note that carriers such as Airlines used in the brochure or website may be subject to change. Such a change deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alteration is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed below.

Period before departure within which notice of Cancellation or major change is received by us or notified to you	IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY	IF WE CANCEL YOUR HOLIDAY Amount you will receive from us	IF YOU CANCEL YOUR HOLIDAY Amount of cancellation charge
More than 56 days	NIL	Deposit Only	Deposit only
29 to 56 days	£10	100% of holiday cost + £10	50% of holiday cost
15 to 28 days	£15	100% of holiday cost + £15	70% of holiday cost
0 to 14 days	£20	100% of holiday cost + £20	100% of holiday cost

 

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and it’s consequences, natural or nuclear disaster, fire, adverse weather conditions.

 

7. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) our resort representative or telepone our uk emergency number 00447780668781 daytime 00441964536191 reverse charges.They will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home in writing to our Customer Services Department at 66 Southgate, Hornsea, East Yorkshire, HU18 1AL ENGLAND giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative 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 in resort and this may affect your rights under this contract.
8. What Happens To Complaints
We are a member of ABTA, membership no V9926. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the ABTA and administered independently by the Chartered Institute of Arbitrators. The Scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com).
The Scheme does not apply to claims for an amount greater than £5000 per person. There is also a limit of £25,000 per booking form. Neither does is apply to claims which are solely in respect of physical injury or illness or their consequences. 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 application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine 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.
For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires your tour operator to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you, or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or foretell. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the costs of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contact; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these of any convention.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our office, 66 Southgate, Hornsea, East Yorkshire, HU18 1Al ENGLAND tel +44 (0) 1964 536191 FREE +44 (0) 1964 536191 .
Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases is the responsibility of the airlines and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 FREE 020 7240 6061 www.auc.org.uk.
10. Personal Injury Unconnected With Your Booked Travel Arrangements
Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.
11. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flights.
12. Data Protection
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may be also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Full details of our data protection policy are available on request.
13. Identity of Carrier
In accordance with EU Regulation 21/11/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by confirming the carrier to be used at the time of booking as stated on your invoice and ATOL cetificate.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.