Booking conditions
IMPORTANT
1. Our Contract with you: We shall arrange for our suppliers to supply you with the transport, accommodation or other tourist services as set out on the booking form. A completed Booking Form must be signed by a member of your party and returned to us with a deposit together with a premium for travel insurance in full (see leaflet for details of insurance premiums and terms). On receipt of the Booking Form a Confirmation Invoice will be dispatched to you as soon as possible. The balance of the holiday must be paid no later than eight weeks prior to the departure date. If payment is not received as specified, we reserve the right to cancel your booking and you will incur cancellation charges as specified under "Cancelling Your Travel Arrangements". If you then decide to cancel or alter your booked holiday, you will be subject to the relevant booking conditions as referred to hereafter. 2. Late Bookings: If you intend to travel within 56 days of booking, the total holiday cost must be sent with your Booking Form. 3. Travel Documents: Once we have received full payment and approximately ten days before your departure, we shall send you your flight tickets, accommodation vouchers plus any information relevant to your holiday. Please check all details and let us know immediately of any need for clarification. 4. Special Requests: On the Real Holidays Booking Form may make a special request (e.g. low floor, adjoining rooms, suitable arrangements for any disability or no smoking flight seat). These are subject to availability from our suppliers and are not guaranteed unless we confirm their availability you in writing. 5. Our Confirmation and Guarantee on price: 5.1 When we confirm your booking we will advise you of the price of your travel and accommodation arrangements. You may then choose to pay the price to us in one of the following ways: You may pay the full price of your travel arrangements to us at the time of booking. If you do so, the price of your travel arrangements is secure and no surcharges other than Government taxes imposed subsequently or increased, will be added to the price. The full price must be paid for all bookings made within 8 weeks of your departure date as already stated. Alternatively you may pay a deposit of £70 per person for the Italian Portfolio and £300 per person for the Indian Portfolio (excluding infants under two years on the date of departure) and pay the balance of the price not later than 8 weeks before your departure. If you do so, the price of your travel arrangements is secure and no surcharges will be added save as mentioned above. 5.2 Even where such an increase is necessary we shall absorb the first 2% of the price of your confirmed holiday (excluding any insurance premiums and amendment charges) . Only if the increased costs exceed this figure will a levy be made. Where a surcharge is payable, there will be an administration charge of £1 per person together with an amount to cover agent's commission (if any). 5.3 If any surcharge is greater than 10% of the price of your holiday (excluding any insurance premiums and amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us except any insurance premiums and amendment charges. You will have 14 days from the date printed on the surcharge invoice to inform us if you wish to cancel for this reason. If you do not inform us within this period, you will be responsible for the amount of the surcharge and will not be entitled to cancel. Any surcharge must be paid within 14 days of the surcharge invoice date or with the balance of the price of the holiday whichever is the later. 6. Accuracy of Brochure and Amendments by us: 6.1 As the details featured in our brochure are arranged many months in advance, there may be occasional and valid reasons for making an amendment. We reserve the right to make such occasional changes at any time. Most of these will be minor and we shall advise you of the same at the earliest possible date. It is unlikely that our suppliers will make changes to your travel arrangements but we have no direct control over independent suppliers such as airlines, hoteliers and car hire companies. 6.2 If our suppliers have to make a significant change to your travel arrangements, we will again notify you of these as soon as possible. A significant change is one involving a change of departure airport, a change of flight time of more than 12 hours, a change of destination resort or a change of accommodation to that of a lower category. 6.3 In the event of a significant change you will then have the choice of: (1) Accepting the change or (2) Booking an alternative holiday (and paying or receiving a refund in respect of any price difference if appropriate). If the alternative arrangements are lower in cost we shall make an appropriate refund. We shall also try to offer you alternative travel arrangements of the same or of a better standard; and (3) Cancelling and receiving full refund less any insurance premium. 6.4 In addition if we have to make a major change within 56 days of departure (other than because of "force majeure" as defined below) and as a result you choose one of the options above, we shall pay you the compensation shown below.
Financial Security
When you buy an ATOL protected air holiday package from Real Holidays you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser's Licence number 4607. 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. If your holiday does not include flights, ABTA will ensure that all monies you have paid to us for your holiday are refunded or, if your holiday is already underway, you will be transported to the place where your contracted arrangements with us were due to finish.
| Period before departure as advised to you | Pounds per person (excluding infants under 2 years) |
| 56 days and over | Nil |
| 43-56 days | £10 |
| 29-42 days | £15 |
| 15-28 days | £20 |
| 0-14 days | £25 |
6.5 Very rarely we may be forced to curtail your holiday after the date of departure in circumstances amounting to "force majeure". In this very unusual situation we shall not be able to make any refund or pay any compensation or be responsible for any costs or expenses incurred by you as a result. 7. Change of Holiday Accommodation: We do not control day to day management of the accommodation and it is possible that we may be advised that the accommodation is not available when you arrive. If this happens we shall endeavour to provide accommodation of at least the same standard in the same area. If only accommodation of a lower standard is available we shall refund any difference in brochure price between the accommodation booked and that available and will pay £20 per person for any inconvenience. 8. Force Majeure: There are circumstances where it is impossible to fulfil the contract as a result of war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disasters, fire or adverse weather conditions and all similar events outside our control. In these circumstances we shall not be liable for compensation where we are forced to cancel, delay, curtail or change your holiday in any way or where our performance of the contract is affected or prevented. 9. Cancellation of Your Holiday: We reserve the right to cancel your holiday at any time prior to 56 days before departure for circumstances outside our control. If this becomes necessary you have the option of choosing an alternative comparable cost holiday from our brochure or accepting the cancellation. In the latter case, we shall provide a full refund (less any insurance premiums). 10. Accommodation Description: We do not own the accommodation or other services and facilities which you will be using and changes may occur. On occasions especially during low season, certain facilities may not be open or available due to maintenance, weather conditions, lack of demand or for other reasons. In such circumstances we cannot be held responsible. 11. Carriage by Air, Sea, Rail and the Use of our Suppliers' Goods and Services: 11.1 When you travel by air, sea or rail you are subject to the conditions and terms of carriage of carrier. Similarly when you use the goods or services of our suppliers (e.g. car hire) these will be subject to their own conditions which you should examine carefully as to your rights (copies available on request). Carriage by carrier is also subject to international conventions, which limit liability for death injury delay and baggage delay or loss. Operational decisions of carriers and of ports, airports or stations may result in delays or the re-scheduling of services for which Real Holidays will not be responsible. 11.2 The operation of aircraft is entirely beyond the control of Real Holidays. If a delay occurs we shall do our best to keep you fully informed and if the delay is for more than four hours we shall provide you with light refreshments. If a delay occurs of more than four hours the carrier or their Agent will keep you advised and make the suitable arrangements. 11.3 Where delays result in lost holiday time, refunds are not provided by hotels for unused accommodation as rooms are held for delayed arrivals and are not re-let. Similarly, compensation is not normally offered by the carriers for delay. It is in recognition of the above that most travel insurance policies offer some monetary compensation. 12. Your commitment to Real Holidays: 12.1 Booking Your Travel Arrangements: When you wish to confirm your travel arrangements, you must pay a deposit as indicated above. If you cancel your travel arrangements with us, cancellation charges may apply to the deposit paid by you (see below). You are also required to sign our Booking Form by which you agree to be bound by the terms of our Booking Conditions. You must also take out travel insurance either through us or independently to a given standard. 12.2 Payment to Us: Unless you have paid in full or if your booking is within 8 weeks of departure when you must pay the full price at the time of booking, we will send a Final Invoice to you setting out the balance (if any) due to be paid to us. Payment of the balance of the total cost will be due not later than 8 weeks before departure. If you do not pay in full within 8 weeks of departure, we reserve the right to treat your booking as cancelled, in which case cancellation charges of up to 100% may apply as set out in paragraph 12.4 below. 12.3 Making Changes to Your Travel Arrangements: If you wish to change any part of your travel arrangements after we have sent our Confirmation Invoice to you, we will do our best to help, provided that we are advised of such changes in writing by the person who has signed the Booking Form more than 8 weeks prior to departure. In many cases, changes will not be possible, but if we can negotiate a change with our suppliers then there will be an amendment fee payable of £25.00 per person (together with any additional costs passed on by our suppliers) where changes are possible. If for serious reasons of health, the death of a close relative or for jury service you are prevented from proceeding with your travel arrangements, you may be able to transfer your booking to another person, provided that we are given reasonable notice in writing by the person who has signed the Booking Form, usually of a least 8 weeks before departure, and all suppliers of your travel arrangements also consent. However, no guarantee is to be implied that we can arrange this. If a transfer of booking is possible then an amendment fee of £25.00 is payable per person (together with any other increased costs passed on by our suppliers)and both yourself and the person to whom the booking is transferred will each become liable together and separately to pay to us any balance due for the price and any cancellation or amendment fees of Real Holidays or its suppliers. In certain circumstances, your insurance policy may cover you for some additional charges which may arise. 12.4 Cancelling Your Travel Arrangements: Should you or any member of your party cancel your booking, or part of it, then we must be notified in writing by the person who signed the Booking Form and the cancellation will take effect from the date when the written confirmation is received. There will then be a cancellation fee payable by you on the scale shown below (excluding any insurance premiums) which are shown as a percentage of the total holiday price:
| Period of Notification before departure date | % of cost payable |
| More than 56 days | Deposit |
| 56-43 days | 30% |
| 42-29 days | 45% |
| 28-15 days | 60% |
| 14-1 days | 100% |
13. Breakages and Damage: You will be responsible for any breakages, losses or damage caused by you or a member of your party during your stay in the accommodation. It is your responsibility to put right the damage or to make full payment to the supplier before departure and to indemnify us against any losses, damages or claims made against us. 14. Complaints: 14.1 We would wish to resolve amicably any reasonable complaint that we receive relating to the standard of your travel or accommodation arrangements. However, you must try to resolve any complaint immediately that you have with the supplier of the service direct (i.e. the accommodation owner, airline or car hire company). 14.2 If your complaint cannot be resolved locally, you must write a formal complaint letter to the supplier and provide us with a copy of the complaint. You must follow this up within 28 days of your return home by writing to us giving your original booking reference number and all other relevant information. It is a condition of this agreement that you communicate any problem to the supplier of the services in question AND follow this up with a written complaint. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the matter. 14.3 In the unlikely event that a complaint cannot be settled amicably between us, you are then able to refer (if you wish) a dispute arising out of this contract to arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents, is administered independently by the Chartered Institute of Arbitrators. The scheme, details of which can 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 £1,500 per booking form. Neither does it apply to claims which are solely or mainly in respect of physical injury or illness. If you elect to seek redress under this scheme, written notice requesting arbitration must be made within 9 months after the scheduled date of return, but in special circumstances it may still be offered outside this period. 14.4 Liability: We accept responsibility for ensuring the holidays which you book with us are supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. We accept responsibility for the negligent acts and/or omissions of our employees or agents and suppliers servants or agents of the same whilst acting within the scope of, or in the course of their employment limited (save in the case of death bodily injury or illness) as stated below. 14.5 In the event that we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount which we will pay to you and your party is £25 per person in total as you and your party are assumed to have taken out adequate travel insurance for your holiday. 14.6 In all other cases the maximum which we shall have to pay you and your party in the event of our being found so liable for such non personal injury claims is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. The total maximum figure applies only in cases of total loss of any benefit to you and your party. 14.7 Personal Injury/Death or Illness: Whilst we have no control over our suppliers services, if you suffer death, injury or illness caused by any negligent act or omission of our servants or agents or suppliers arising out of the supply to you of your travel arrangements arranged by Real Holidays, we shall pay to you, such damages as you would be entitled to receive under English law in an English court but limited as provided by international conventions where applicable. Please note: (1) Claims must be notified to us in writing within 3 months of your return. (2) You must pass to Real Holidays any right you have against a supplier or third party concerned. (3) You agree to co-operate fully with us and our insurers in enforcing any rights assigned or subrogated to us. (4) Claims may be limited by international conventions covering the extent of the liability of air carriers, carriage by rail, carriage by sea, and the liability of hotel keepers. 14.8 Death Injury Or Illness Unconnected With Your Holiday Arrangements: If any client suffers death, accidental illness or personal injury whilst overseas arising out of any activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a Third Party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves. This financial assistance is to a maximum of £5,000 in total per booking form. 15. Health, Passports/Visas and Insurance: It is your responsibility to ensure that you and other members of your party obtain the right inoculations and medical advice before you travel. Similarly, it is your responsibility to ensure that you and other members of your party have correct and valid passports and visas before the holiday commences. In respect of passports, you will require a full 10 year British Citizens Passport which is not due to expire within 3 months from your expected date of return. It is also important that your holiday insurance is adequate, and covers matters such as the cost of cancellation and the cost of assistance, including repatriation, in the event of accident or illness. 16. Behaviour: You are responsible for compliance with all relevant regulations governing carriage by air or any other mode of transport and your stay during your holiday. If in the opinion of our local agent or representative your behaviour is disruptive or causing distress, injury or danger to other clients, our staff or any other third party, your holiday may be terminated and we shall not be responsible for any costs or claims that are incurred.
