YOUR CONTRACT IS WITH ATLANTIC HOLIDAYS LIMITED, a member of ABTA.
YOUR COMMITMENT TO US
1. Your Holiday Contract
A contract is made when our confirmation invoice is issued to you or to your travel agent, after we receive and accept your instructions verbally, electronically, or in writing. Any money paid by you to your travel agent in respect of the holiday, is held by the travel agent on our behalf. It is important to check the details on the invoice when you get it. In the event of any discrepancy, please contact us or your travel agent immediately. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may also choose the law and jurisdiction of Scotland or Northern Ireland.
2. Payment
A non-refundable deposit of £100 per person is payable at the time of booking, (no deposit is payable for infants under 2 years of age on the date of return). If you book within 8 weeks of departure you must pay the total cost of your holiday. The balance of holiday costs must be paid not later than 8 weeks before your departure date. No further reminder will be sent to you, and if the balance remains unpaid by this time we reserve the right to cancel your booking and you will forfeit your deposit. We are not able to accept post dated cheques. All payments made by credit card are subject to a fee.We reserve the right to alter this fee at any time without notification.
3. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, e.g. your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible.
Request for changes to be made must be in writing from the person who made the booking or your travel agent. An administration charge of £50 is payable, together with 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. Changes are not allowed from one season to the next i.e. from a winter departure to a summer departure. If you wish to make a name change a charge of £20 per name will be made. If the numbers in your party change we will recalculate the cost of your holiday for the remaining travellers. If fewer adults share the accommodation you will have to pay under occupancy or single room supplements, at the rate in force when you make the change. Other changes you make, such as increasing the duration of your stay, may alter the price of your holiday.We will tell you of any price changes before we confirm the alterations.
4. If you cancel your booking
Atlantic Holidays Limited will incur costs from the moment of receipt of your booking and should you, or any member of your party, wish to cancel your booking once it has been accepted, you must do so in writing and it should be posted to us by recorded delivery. The date of receipt of this notice is accepted as the date of your cancellation. All cancellations are subject to a charge payable by you to compensate us for our estimated losses and expenses which are calculated from the scale set out below. This charge is expressed as a percentage of the total holiday price of the person(s) making the cancellation inclusive of all extras. The minimum cancellation charge is your deposit. In addition to the following charges it may be necessary to add under occupancy settlements to other members of the party where member(s) of that party cancel.
PERIOD BEFORE DEPARTURE WITHIN
WHICH WRITTEN CANCELLATION
IS RECEIVED |
AMOUNT OF CANCELLATION CHARGE AS A %
OF THE TOTAL PRICE INCLUSIVE OF ALL EXTRAS.
BUT EXCLUSIVE OF INSURANCE PREMIUMS |
| MORE THAN 56 DAYS |
DEPOSIT ONLY |
| 56-29 DAYS |
40% |
| 28-15 DAYS |
60% |
| 14 - 8 DAYS |
90% |
| 7-0 DAYS |
100% |
5. Your holiday insurance
You understand that it is a condition of accepting your booking that you take out for yourself and for those for whom you book our recommended holiday insurance, or that you arrange a policy yourself giving comparable or better cover under all sections.
6. Your holiday / accommodation / flights
Flights are subject to the granting of permits and licenses by authorities both in the UK and Portugal. We have reserved accommodation and flights only for the use of passengers named on the booking confirmation. Subletting sharing or assignment is prohibited and may be illegal. The flight timings shown in this information are on the 24 hour clock system; they are for guidance only and are subject to confirmation and alteration. Final timings will be given to you with your travel documents.
7. Additional services
Any services booked and not used at the resort will not be refunded e.g. car hire, excursions, supplements etc.
Our Commitment to you
1. Exchange Rates
All prices on this website are based on exchange rates published in the Financial Times on the 4th September 20101 which are as follows: £1.00 = €1.1689. £1.00 = US$1.5453.
2. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements but 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 details such as Airlines used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other 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 alternative 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:-
PERIOD OF NOTIFICATION GIVEN
PRIOR TO YOU DEPARTURE |
COMPENSATION OR
CREDIT PER PERSON |
| More than 56 days |
Nil |
| 56 - 29 days |
£10 |
| 28 - 8 days |
£15 |
| 7 - 0 days |
£25 |
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 its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
3. Prices and surcharges
Prices shown on this website are a general indication of the holiday cost. The price to be paid will be confirmed at time of booking. The price of fuel, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, government action such as changes in VAT and fluctuations in exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change 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 your 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 £1.00 per person together with an amount to cover agents' commission. In the unlikely even that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting 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 if 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 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. 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. Travel Documentation
Flight tickets and holiday itineraries are dispatched approximately 10 days prior to departure. Late bookings may require a ticket on departure for which a charge may apply.
5. Air travel
The timings of departure and arrival given in this information are correct at time of publishing but will be subject to alteration if necessary. This information is issued under the sole responsibility of the tour operator. It is not issued on behalf of and does not commit the airlines mentioned therein or any airline whose services are used in the course of these tours. The responsibilities of IATA airlines in connection with these tours is limited to the carriage of passengers and their luggage in accordance with the conditions of carriage of the participating airlines.
6. 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 forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 1 times the cost 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 contract; 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 or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices at 25 Brunswick Road, Gloucester. Under EU law (Regulation 261/2004) 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 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 inclause 2. 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 www.auc.org.uk
7. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative at the earliest opportunity who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department giving your booking reference and all other relevant information.
Please keep your letter concise. This will assist us to identify your concerns and speed up our response to you. In the event that you do not tell us in that period, our ability to investigate the complaint may be impacted. We strongly suggested 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.
8. What Happens To Complaints
We are a Member of ABTA, membership number V3671.We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA's website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. 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. Neither does it 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 IDRS within 12 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 us 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. Data Protection Statement
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.We take full responsibility for ensuring that proper security measures are in place to protect your information.We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.We will not, however, pass any information onto any person not responsible for part of your travel arrangements. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. Your data controller is: Atlantic Holidays Limited. You are entitled to a copy of your information held by us. If you would like to see this please contact us, we will make a small charge for providing this to you.
10. Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this website and for your repatriation in the event of our insolvency.We provide this security by way of an ATOL number 2704 administered by the Civil Aviation Authority. If you book arrangements other than a package holiday from this website, the financial protection referred to above does not apply.
When you buy an ATOL protected air holiday package or flights from Atlantic Holidays Ltd you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 2704. 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 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.
If you book arrangements other than a package holiday from this website, your monies are protected by way of bond held by ABTA.
General Information about your Holiday
Description
All information contained on the website has been compiled following inspection carried out by members of our staff and every care has been taken to ensure its accuracy.
However, some changes may occur after it has been published. For example a tennis court may be closed for maintenance or a hotelier may decide to refurbish a restaurant. Similarly, Public Holidays may affect some services otherwise available. Regrettably these changes are beyond our control and we reserve the right to change any information before your booking is made with us. If a booking has already been made, at the time that we become aware of any changes we will inform you as soon as possible.
Passports and Visas
Please be advised that it is your responsibility to ensure that you have a valid passport for the duration of your holiday. For British citizens, visas are not required to visit the destinations mentioned in this website. Non British citizens are kindly requested to check with the Portuguese Consulate service whether a visa is necessary. It is important that the name and initials in your travel documents match those in your passport or you may not be allowed to travel.
Children, including babies, who are not already included on a valid 10 year passport, will need to hold their own passport if they are to travel abroad. It is not now possible to add or include children on British passports. Children who are already included on an existing passport may continue to travel with the passport holder until either the child reaches the age of 16, or the passport on which the child is included expires or needs to be amended.
Meals
Many hotels are now offering buffet style meals which can be hot or cold and give you the opportunity to eat as much as you wish. However, unless this is specifically stated, the hotel may charge extra for them. The board arrangements are Bed and Breakfast which means bed and continental breakfast; Half board meaning breakfast and one main meal; Full board which is breakfast, lunch and evening meal; Self catering meaning no meals provided.
Health requirements
At the time of publication of this website no compulsory vaccinations were required of visitors to Portugal. However, please be advised that standards of hygiene and safety may not be the same as in the UK and, therefore, for your own protection you should exercise greater care with your choice of food and drink. The Department of Health publishes a booklet containing advice to travellers and this can be obtained from your doctor or by phoning 0800 555777.
Travel delay
If for any unforeseen reason your outbound or inbound flight should be delayed you will be offered refreshments if we consider it appropriate. Any overnight accommodation or any other expenses that you might incur are of your own responsibility. However, some travel insurance policies provide for compensatory payments in the event of a delay. Please consult your own policy documents for further details.
Accommodation
Each Hotel, Suite Hotel or ApartHotel (for self catering holidays) has different types of rooms and facilities differ from one to another. Details are indicated in the individual descriptions. Some ApartHotels and the Suite Hotels have either a kitchen or kitchenette equipped with sufficient utensils for the maximum number of people occupying the accommodation. Extra beds are usually either sofa beds or folding style beds. The check-in time at your accommodation is normally 3pm, check-out time of your accommodation is normally 12 noon, unless otherwise advised upon arrival in resort.
Building works
Holiday accommodation needs constant maintenance and occasional refurbishment, and as the demand for new accommodation increases, extensions to existing buildings or brand new properties are constructed. We are in no way responsible for building work nor can we control the extent of noise levels of such work. However, we endeavour to keep track of any such building works, and whenever possible advise you of any works which might adversely affect your holiday, although we cannot guarantee this will be the case.
Travel documentation
Flight tickets and holiday itinerary are dispatched approximately 10 days prior to departure. Late bookings may require a ticket on departure for which a charge may apply.
Special requests
For any special requests (such as 'low floor' etc.) consult your advisor/travel agent when you confirm your booking. We will endeavour to meet your request BUT NO GUARANTEE IS GIVEN as this does not form part of your holiday contract.
Representation and assistance in resort
There will be Atlantic Holidays representation upon arrival at your resort. Our holidays are inclusive of transfers to your accommodation, unless otherwise arranged. You will be provided with a welcome pack, which will include details of your welcome meeting, contact details for your representative and full details of our excursion programme.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to 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 forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Identity of the operating carrier
In accordance with EU Directive - (EC) No:211/2005, Article 9, we are required to bring to your attention the existence of a 'Community list', which contains details of air carriers that are subject to an operating ban within the EU Community.
The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm
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 flight.
Airport Development Fees (ADF)
Certain regional aiports impose an Airport Development Fee. This is the responsibility of that aiport and is outside the control of Atlantic Holidays. For information on ADFs please check with the airport concerned.
Luggage
Under the terms of international conventions, while your personal effects and baggage are in the hands of the carrier, the carrier is liable for the safety of such baggage. If your baggage is lost or damaged between the time of airport check-in and the recovery of the baggage from the carousel at the end of the flight, then the carrier is under a duty to pay compensation. The amount of any compensation is determined by international convention, details of which are on the reverse of your flight ticket, or are available on request. In case of loss or damage to your baggage, a property irregularity report must be completed before you leave the airport.
Our responsibility
This website 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.
Data protection statement
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc.We take full responsibility for ensuring that proper security measures are in place to protect your information.
We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc.
The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Further details on request.
Booking with Atlantic Holidays
We are aware that your choice of holiday is one of the most important decisions you make and we feel that you are entitled to the best. All our sales staff regularly visit each of our properties to ensure that we can provide you with information about facilities and resorts. We are always glad to help, and know that sometimes our knowledge can be crucial in helping you select your perfect holiday.
Booking directly with us by telephone
When you make a telephone booking with us we will check the availability of your holiday and confirm all details with you. If you accept these details a formal contract will exist between yourself and Atlantic Holidays. At this time the appropriate payment will be taken and if you are travelling within 8 weeks of departure the full holiday price must be paid. A confirmation invoice will be sent to you shortly via the postal service. Our reservations office is open Monday to Friday 9.00am - 5.30pm and Saturday 9.00am - 4.00pm. Telephone number 01452 381888.
Bookings directly with us on this website
When you accept the details a formal contract will exist between yourself and Atlantic Holidays and the appropriate initial payment will be taken. If you are travelling within 8 weeks of departure the full holiday price must be paid. Once a booking has been confirmed a confirmation email will be sent to you which will be followed by a confirmation invoice sent via the postal service.
Booking with your travel agent
Your travel agent will be able to check availability and all details of your holiday with us. Once you accept, a formal contract will exist between yourself and Atlantic Holidays and the appropriate initial payment will be taken. If you are travelling within 8 weeks of departure the full holiday price must be paid. A confirmation invoice will be sent to your travel agent who will then send a copy on to you.
Special requests
Our customer services team will be delighted to deal with any special requests that you make at the time of booking and will be pleased to advise the hotel or airline of your requirements. However, these are requests only and we cannot guarantee that they will be met.
