Please
read carefully as it sets out the
booking conditions for your holiday.
CVM TOURS & EVENTS Booking Conditions
spell out our obligations to you and
your commitments to us when you book
a Travel with us and together with
the information contained in your
Travel Information forms the basis
of our contract with you.
1. YOUR RESERVATION
Once you have booked and paid your
deposit or payment as applicable,
we will reserve your Travel on the
basis of these terms conditions. Your
booking will be taken as confirmed
in respect of all persons travelling
and a binding contract between us
will come into existence when we send
our Confirmation & Account to
you or your Travel Agent. In the Booking
Conditions, ‘you’ and
‘your’ means all persons
(or any of them) named on the booking
(including anyone who is added or
substituted at a later stage). Please
check your Confirmation & Account
together with all other documents
we or your Travel Agent send you as
soon as you receive them. Contact
us or your Travel Agent immediately
if any information which appears on
the Confirmation Account or any other
document appears to be incorrect or
incomplete, as it may not be possible
to make changes later. We regret we
cannot accept any responsibility if
we are not notified of any inaccuracies
in any document within ten days of
our sending it out (five days for
tickets).
We can only accept a booking if the
lead name is a minimum of 18 years
on or before the date of departure
- if under 18 at the time of booking,
the written consent of a parent or
guardian is required before the booking
can be made.
2. OUR PRICE POLICY
Prices are correct at the time Purchase
January(2005). We reserve the right
to change prices from time to time.
Accordingly, it is possible that
when you book your Travel the actual
price may have gone up or down. If
the price of your Travel has changed,
the correct price will be confirmed
by your travel agent or by us if booking
direct before you make your booking.
We reserve the right to correct errors
at any time prior to the price being
confirmed at the time of booking.
Once you have made your booking and
paid a deposit or full payment if
booking within 2 weeks of departure
and the price of your chosen holiday
has been confirmed, we will only increase
or decrease it in the following circumstances.
Price increases or decreases after
booking will be passed on by way of
a surcharge . A surcharge (as applicable)
will be payable, subject to the conditions
set out in this clause, where transportation
costs (eg. aviation insurance and
security levy, fuel, scheduled airfares
and any other airline surcharges which
part of the contract between airlines
(and their agents) and the tour operator)
and/or any dues, taxes or fees payable
for services such as landing taxes
or embarkation or disembarkation fees
at ports or airports increase or decrease.
Even in the above cases, we will absorb
increased costs up to a total amount
equivalent to 2% of the cost of your
confirmed holiday (excluding insurance
premiums and any amendment charges).
Only if the increased costs exceed
this 2% will we levy a surcharge.
If any surcharge is greater than 10%
of the cost of your Travel (excluding
insurance premiums and any amendment
charges), you will be entitled to
cancel your booking and receive a
full refund of all monies paid to
us (except for any amendment charges)
or alternatively purchase another
holiday from us as referred to in
section 3 "If we change your
Travel arrangements". Although
insurance (where purchased through
us) does not form part of your contract
with us or of any "package",
we will consider an appropriate refund
of insurance premiums you have paid
to us, if you can show you are unable
to use/reuse or transfer your policy,
in the event of cancellation or purchase
of an alternative holiday. A refund
will only be payable if the decrease
in our costs exceed 2% as set out
above. Where a refund is due, we will
pay you the full amount of the decrease
of our costs. You have 14 days from
the issue date printed on the surcharge
invoice to tell us you want to cancel
or purchase another holiday. If you
do not tell us that you wish to do
so within this period of time, we
are entitled to assume that you will
pay the surcharge. Any surcharge must
be paid with the balance of the cost
of the holiday or within 14 days of
the issue date printed on the surcharge
invoice, whichever the later.We promise
not to surcharge within 30 days of
departure.
3. IF WE CHANGE YOUR TRAVEL
ARRANGEMENTS.
Although it is unlikely, we may occasionally
have to change your TRAVEL arrangements
as they are made well in advance,
and we reserve the right to do so.
For instance, your flight details
may change or an hotel may close down.
However, we promise that we will not
make any significant changes (as described
below) to your confirmed holiday arrangements
less than 14 days before departure
unless we are forced to do so as a
result of unusual and unforeseeable
circumstances beyond our control,
the consequences of which we could
not have avoided even with all due
care. If have to make a significant
change (as described below) to your
arrangements, we will give you a minimum
reduction or compensation of at least
the amounts shown below depending
on the exact circumstances and the
date the change is made. significant
change is a change made before departure
which, on the basis of the information
given to us by you at the time of
booking we can reasonably expect will
have a major effect on your holiday.
The following changes are examples
of significant changes.
A change of your departure airport.
A reduction in the number of nights
of your Travel day.
A change of your resort area or your
accommodation to a lower brochure
category for the full duration of
your stay.
A change of your date of departure
(see below).
A change from day flight to night
flight. Night flights are those outward
flights that are scheduled to depart
from the any US Airport between Or
Airport within your destination 22.00hrs
and 06.00hrs (10.00pm to 6.00am).
.
If we have to make any significant
changes we will tell you or your Travel
Agent as soon as reasonably possible.
If there is time to do so before departure
you can then choose to:
accept the changed arrangements or
take the reasonable alternative Travel
we offer you (if this is less expensive
than your original Travel, If you
decide not to take the alternative
we specifically offer you, you may
purchase any other available Travel
from us at the applicable price, or
cancel your Travel. If you choose
to accept the new arrangements or
purchase another Travel from us, We
can and will put only orginal purchase
towards new travle purchases.
We will offer no refunds on cancelations
Only changes travel to your travel
days.You agree that there can be addtional
fees for any changes in prices which
are subject to change after you have
puchased the travel package. CVM Tours
and Event has no control over plane
flights, cruises, traffic or any other
method of travel delays, or prices
or ant acts of god by natural events.You
agree by puchasing any travel packages
that you undes satnd that there will
be no REFUDNS.
4. IF WE CANCEL YOUR TRAVEL
ARRANGEMENTS.
We may occasionally have to cancel
your Travel arrangements which we
reserve the right to do. However,
we promise we will not cancel your
Travel after the balance of payment
is due unless you have failed to comply
with any requirement of these Booking
Conditions entitling us to cancel
(such as paying on time) or where
we are forced to do so as a result
of unusual and unforeseeable circumstances
beyond our control, the consequences
of which we could not have avoided
even with all due care. No compensation
will be payable where we cancel in
such circumstances and we will have
no liability beyond offering the choices
set out below (not available where
you fail to comply with any requirement
of these Booking Conditions entitling
us to cancel).
If we have to cancel, we will tell
you or you as soon as possible. Except
where you have failed to comply with
any requirement of these booking conditions
entitling us to cancel, we will offer
you the choice of:
taking the reasonable alternative
Travel day we offer you a comparable
your original Travel package, we will
Not the difference but if it is more
expensive we will not ask you to pay
more). If you decide not to take the
alternative we specifically offer
you, you may purchase any other available
Travel from us at the applicable,
or We will off you another package
that will be available for use only
within 30 days of the orginal purchase
and not more.
If you wish to purchase an alternative
Travel package, you must tell us within
the time mentioned in our offer or,
if none is mentioned, within seven
days of our offer or we are entitled
to assume that you are not traveling.
5. YOUR FLIGHT
A list of all airlines and aircraft
we anticipate using during the season
is shown under Travel Information.
Flight timings planned are also given
for your guidance but your actual
flight timings will be those shown
on your airline tickets (although
it is possible that even these timings
may change), and you should check
those carefully as soon as you receive
them. We may substitute alternative
airlines and/or aircraft and/or airports
of destination if necessary, in which
case you cannot transfer to another
holiday or cancel without incurring
normal cancellation charges (see section
14 under ‘Your Commitments to
Us’).
6. FLIGHT DELAYS.
We wish we could guarantee to you
that your flight will never be delayed,
but unfortunately delays still occur.
If and when this happens we ask you
to check with the airline for all
ther schedule changes with YOUR Flight
We offer addtional travel insurance
that can be taken when you purchase
your travle package. thais can help
cover for any unforseen travel expenses.
7. OUR ASSURANCE ON STANDARDS
AND ASSUMPTION OF LIABILITY.
Your Travel and personal injury.
a) We make every effort to ensure
that all Travel arrangements are made
correctly and efficiently. Subject
to these Booking Conditions, we cannot
accept responsibility if any of the
services which we have not agreed
to provide for you as part of our
contract with you prove deficient
or not of reasonable standard. We
also not accept responsibility for
employees, agents, suppliers and sub-contractors
do or do not do (providing they were
at the time carrying out thier work)
(covered by paragraph 7 (b) below).
(b) Subject to these Booking Conditions,
we Do Not accept responsibility should
you or any member of your party suffer
death, personal injury, illness, loss
or damage as a result of any failure
to perform or improper performance
of any part of our travle by any of
the employees, agents, suppliers or
sub contractors airline, cruies (providing
they were at the time carrying out
work). We will not be liable where
any failure to perform or improper
performance was due to: the act(s)
and/or omission(s) of the person(s)
affected or another party member,
or those of a third party not connected
with the provision of your Travel
and which were unforeseeable or unavoidable,
or ‘force majeure’ as
defined in paragraph 7(c) below.
(c) Except where otherwise expressly
stated, we regret we cannot accept
liability or pay any compensation
where the performance or prompt performance
of our contractual obligations is
prevented or affected by ‘force
majeure’. In these Booking Conditions,
‘force majeure’ means
any event which we or the supplier
of the services in question could
not, even with all due care, foresee
or avoid. Such events may include
war or threat of war, riot, civil
strife, terrorist activity, industrial
dispute, natural or nuclear disaster,
adverse weather conditions, fire and
all similar events outside our control.
(d) Except where otherwise expressly
stated, where any claim or part of
a claim concerns or is based on any
travel arrangements (including the
process of getting on or off the transport
concerned) provided by any air, sea,
rail or road carrier or any stay in
an hotel, the maximum we will have
to pay you in respect of that claim
or that part of a claim if we are
found liable to you on any basis is
the maximum which would be payable
by the carrier or the hotel keeper
concerned under the applicable International
Convention (eg. Warsaw Convention
as amended for international travel
by air and/or, for carriers with an
operating licence granted by an Country,
Outside of the USA or within the USA,or
EU country, the EU Regulation on Air
Carrier Liability for international
and national travel by air, Athens
Convention for international travel
by sea) in that situation. You must
give credit for all payments due or
received from any carrier or hotel
keeper which relate to the claim in
question.
(e) For loss of and/or damage to any
luggage or personal possessions (including
money) the maximum amount we will
not pay you for the claim in question,You
will have to claim your dammage to
the carrier that you travled on and
claim with your insurrance policy
if you took additiona coverage.
(f) You must notify us of any complaint
or claim in accordance with paragraph
17 ‘If You Have a Complaint’.
(g) Please note, we cannot accept
any liability for any damage, loss,
expense or other sum(s) of any description
(1) which on the basis of the information
given to us by you concerning your
booking prior to our accepting it,
we could not have foreseen you would
suffer or incur if we breached our
contract with you or (2) which did
not result from any breach of contract
or other fault by ourselves or our
employees or, we are not responsible
for our suppliers Travle prtners arlines
or cruiselines or method of travel.
Additionally we cannot accept liability
for any business losses.
(h) We will not promise to you any
services which make up your Travel
as part of our agreement with you
- and the laws and regulations of
the country in which the injury, illness
or death occurred - will be used as
the basis for deciding whether the
services in question had been properly
provided. If the particular services
which gave rise to the injury, illness
or death complied with the local laws
and regulations applicable to those
services at the time of the injury,
illness or death, the services will
be treated as having been properly
provided.
(i) If you or anyone else named on
your booking have the misfortune to
suffer illness, personal injury or
death through misadventure during
your Travle arising out of an activity
which does not form part of your Travel
arrangement with us, we will offer
to help where possible and appropriate
in our reasonable discretion.
We will not provide help with legal
costs if you have a Legal Expenses.
8. OUR COMPLAINTS PROCEDURE.
We will always do our best to sort
out any complaints you may have amicably.
If, however, we are unable to agree,
you may take your complaint to The
local Better Business Beareau.
9. CONDITIONS OF CARRIAGE.
When you travel the ‘Conditions
of Carriage’ of the company
providing your transport will apply
to your journey. These Conditions
will limit and, in some areas, exclude
the carrier's liability to you, usually
in accordance with applicable International
Conventions (see paragraph 7(d)).
Copies of these Conditions can be
provided by your Travel Agent or ourselves
(if you book direct) or the carrier
itself on request.
10. WEBSITE INFORMATION.
All information contained within this
website is based on information available
at the time of publication. We reserve
the right to change any information
before your booking is confirmed and
the amended information will then
form part of your contract with us.
If any part of the Conditions are
found to be unfair or unreasonable,
the remaining terms will still be
valid. Whilst every effort is made
to ensure the accuracy and prices
at the time of printing, regrettably
errors do occasionally occur. We reserve
the right to correct errors prior
to confirming your booking. You must
ensure you check all details of your
chosen holiday (including the price)
with us or your Travel Agent at the
time of booking.
YOUR COMMITMENT TO US
11. DEPOSITS AND SPECIAL REQUESTS.
You must pay a deposit of $ 100.00
USD per person at the time of booking
plus appropriate insurance premium
if applicable. If booking within eight
weeks of your departure, you must
pay the full cost of your Travel when
you book. No deposit is payable for
infants under two years of age at
the time of return travel. For insurance
requirements see paragraph 15. Your
payment and the issuing to you of
a confirmation creates a contract
between us. Our booking conditions
form the basis of your contract with
us. You should read and ensure you
understand these (raising any queries
you may have with us) before asking
us to confirm your booking. By asking
us to confirm your booking, you are
liable to be regarded as having had
the opportunity to have read and understood
our booking conditions, and to have
actually done so before a contract
between us came into existence. If
you are booking a late/special Travel
offer , any extra information and
conditions that apply to the late/special
offer will also be part of your contract.
If in doubt you should check with
your Travel Agent or us (if booking
direct). If you have a special request,
we will do our best to help, but we
cannot guarantee it except as set
out below. Please advise your Travel
Agent or us (if booking direct) of
your request at the time of booking
and make sure that we are given as
much detail as possible. If your special
request is vital to your holiday,
it must be specifically agreed with
us before or at the time you book
your holiday. We promise to comply
with any special request which we
have specifically agreed. General
confirmation that a special request
has been noted or passed on to the
supplier or the inclusion of a special
request on your Confirmation or any
other documentation is not confirmation
that the request will be met. Unless
and until specifically confirmed,
all special requests are subject to
availability. If any additional cost
is applicable, it will either be invoiced
to you prior to your departure or
should be paid for locally.
12. PAYING FOR THE BALANCE
OF YOUR HOLIDAY.
Our Confirmation & Account will
show the total price you must pay
for your holiday. If any additional
charge not included in our price guarantee
becomes payable (for example costs
relating to special requests made
by you), a revised invoice will be
sent to you showing that charge. You
must pay the balance six weeks before
departure or within seven days of
the invoice date, whichever is later.
If you book through a Travel Agent,
you should make sure that you pay
the Travel Agent in enough time to
allow the money to reach us by this
deadline. If you book within eight
weeks of your departure, you must
pay the full cost of your holiday
when you book. If for any reason the
balance is not received by us or your
Travel Agent on time, we or your Travel
Agent will write and tell you that
the payment is overdue. If it is still
not received by us or your Travel
Agent within 7 days of the written
reminder being sent out, we will be
entitled to treat your booking as
cancelled by you and keep your deposit.
If we do not cancel straight away
because you have promised to make
payment, you must in addition pay
the cancellation charges shown in
paragraph 14 depending on the date
we reasonably treat your booking as
cancelled. All money you pay to one
of our authorised Travel Agents for
your holiday with us will be held
by the Agent on our behalf until it
is paid to us. Please note, this does
not apply to any money paid to the
Travel Agent for any services not
provided by us (for example Travel
Agent’s administration fee or
service charge or car parking).
13. IF YOU CHANGE YOUR BOOKING.
Should you wish to change your Travle
arrangements in any way we will do
our best to meet your wishes. We will
charge a handling fee for any such
change of £25 per person and
any charge imposed by scheduled airlines
for name changes (see Holiday Information).
Any change you make within 6 weeks
of departure will be treated as a
cancellation and we will make a cancellation
charge as set out below. Where the
price of your Travel depends on the
number of people booked into the accommodation
and someone in your party cancels,
the price will be recalculated on
the basis of the new number of people
going, and we will send you a new
Confirmation & Account. Any increase
in what you have to pay as a result
of this change will not be covered
by your travel insurance policy as
it is not a cancellation charge. Also,
you may not change from a holiday
featured in any Cosmos brochure to
one of our Late Availability, Price
Beaters, Hot Offers or any other Special
Offer holiday.
14. IF YOU CANCEL YOUR BOOKING.
If you wish to cancel all or part
of your booking, you should ask your
Travel Agent to write to us or, if
you booked direct, the person who
signed the booking form should write
to us. If some or all of your party
cancel their holiday, we will levy
a cancellation charge on the scale
shown in the following table. These
charges are based on the estimated
cost of cancelling your Travel and
the losses we may suffer if we cannot
resell the Travel package. These charges
are also payable if we cancel your
Travel package because you have breached
a requirement of these Booking Conditions
which entitles us to do so (see paragraphs
12, 15 and 16).
* ‘Travel cost’ does
not include insurance premiums and
any handling fee or other costs paid
if you changed your booking which
are not refundable in the event of
your cancellation.
If you are travelling on a scheduled
service flight we cannot give you
any refund until any air tickets issued
are returned to us by your Travel
Agency, or if you booked direct, by
you. If the reason for your cancellation
falls within your insurance cover,
you should be able to claim a refund
of your cancellation charges from
the insurance company less any applicable
excess. We will refund your deposit
in full if you cancel your Travel
because you are made redundant, provided
we are told at least eight weeks before
your departure date and receive written
confirmation from the employer concerned.
If you or anyone going on your trip
with you is unable to go for any reason
or decides that he/she does not want
to take the trip, There will not be
any refunds you should be only able
to transfer the whole trip when aplicable.
(a) You must write to us with full
details of who cannot or does not
want to go on holiday and who you
would like to go instead. We must
receive this information at least
14 days before the start of the holiday.
Sometimes it is not possible to make
the change (for example if scheduled
flights are involved, the airline
may treat a name change (for any reason)
as a cancellation of the flight and
will offer it to anyone on a waiting
list for that flight, before allowing
someone chosen by the original passenger
to buy it. The only way to make the
change may therefore be to purchase
an alternative flight) - in this case,
we will tell you as soon as possible.
(b) If the change can be made, you
will have to pay a handling fee of
$35 USD per person together with any
extra costs we incur or are asked
to pay in order to make the change.
Please note, airlines often do not
allow any name changes within a certain
time of the start of the holiday and
generally not at all after flight
tickets have been issued. If you want
or need to make a name change when
an airline will not allow it, you
will have to cancel the original flight
(which means you will lose all the
money you have paid for that flight)
and pay the full cost of another flight.
This is the airline’s decision
and we have no control over it.
Everyone who goes on tripin place
of anyone who was originally due to
travel must agree to these Booking
Conditions and any other requirements
which apply to the holiday before
the change can be finalised. If the
full price should have been paid when
the change is requested but has not
been, this must also be paid before
the change can be finalised.
15. YOUR HOLIDAY INSURANCE
Adequate personal travel insurance
is essential for your own protection.
You must therefore take out for your
whole party, either the Travel insurance
we offer (details on the right) or
another policy giving at least as
good cover before we will accept your
booking. If you purchase our insurance,
cover will not be effective until
we receive all applicable premiums
in full. If you do not purchase our
insurance at the time of booking,
we will send you an Indemnity Form
requiring you to provide us with your
alternative insurer. It is your responsibility
to ensure that the insurance cover
you purchase is adequate for the particular
needs of you and your party. Please
read your policy details carefully
and take them with you on holiday.
We do not check alternative insurance
policies. Providing you give details
of your alternative insurance policy
to your Travel Agent or, if booking
direct, to us in writing within 14
days of making your booking, and providing
that a claim does not exist and that
travel has not taken place, you may
cancel our insurance and receive a
full refund of the premium (if you
have paid for it at the time of cancellation).
If you do not take out any insurance
provide us with details of your alternative
policy within 14 days of booking (or
no less than 3 days before departure
if booking within 14 days of departure),
you will not have met with the terms
and conditions of booking and we reserve
the right to cancel your booking with
cancellation charges as shown in paragraph
14 of these Booking Conditions. Your
Travel Agent (or Reservations Advisor,
if booking direct with Cosmos) will
remind you of your obligation to take
out insurance as required by this
paragraph, at the time of booking
with your confirmation, and before
we cancel your holiday.
16. YOUR RESPONSIBILITIES
(a) You must ensure that you and the
rest of your party have valid acceptable
passports and any appropriate visas..
(b) You should check what vaccinations
are required for your chosen destination
with your doctor in good time before
departure.
(c) Airline regulations state that
women 28 weeks or more into pregnancy
at the time of return travel must
have a doctor’s certification
that they are fit to travel. Normally,
permission to travel is refused after
32 weeks. We can only accept your
booking upon the clear understanding
that we cannot be liable if any airline
refuses to accept you or any member
of your party as a passenger for this
reason.
(d) You must be responsible for the
behaviour of yourself and your party.
We can refuse to accept you as a customer
or refuse to continue dealing with
you by terminating your holiday arrangements
if your behaviour is or is likely
to be, in our reasonable opinion,
or in the reasonable opinion of any
airline pilot, hotelier or other person
in authority, disruptive, dangerous
or upsetting to other people or if
you have caused or are likely to cause
damage to property. This includes
abuse of, or assaults upon our staff
(threats of violence and/or actual
physical harm), and we will press
charges in the resort, or on your
return to the US., in such an event.
We will not pay any refund or any
costs incurred by you if we have to
terminate your holiday due to your
unacceptable behaviour. We will then
have no further responsibility for
you (including any return travel arrangements).
If your unacceptable behaviour means
you are not allowed to board your
outward flight we will treat your
booking as cancelled from that moment
and you will have to pay full cancellation
charges (see paragraph 14).
(e) You must tell us if you have an
existing medical problem or disability
which may affect your holiday before
you book your holiday. If in our reasonable
opinion, your chosen holiday is not
suitable for your medical problem
or disability or you are not travelling
with someone who can provide all assistance
you may reasonably require, we have
the right to refuse to accept the
booking. If you do not give us full
details of your medical problem or
disability at the time of booking,
we can also cancel the booking when
we find out the full details if in
our reasonable opinion the holiday
is not suitable or you are not travelling
with someone who can provide all assistance
reasonably required. If we cancel
in this situation, cancellation charges
as set out in paragraph 14 must be
paid by the person concerned. Please
note, in deciding whether a Travel
is suitable, we are entitled to consider
the needs and reasonable requirements
of our other clients and practical
operational difficulties.
17. IF YOU HAVE A COMPLAINT
We do our best to give you an enjoyable,
trouble-free travel, but occasionally
even the best-laid plans can go wrong.
If you have a problem or complaint
about the overseas part of your travel
you must tell our local consultant
while abroad as soon as possible so
that it can be sorted out on the spot.
If your complaint cannot be resolved
there and then, you must complete
a General Report Form in the resort.
You will be given a copy of this to
keep. You must also tell the supplier
who you are complaining about. If
you remain dissatisfied you must then
write to us with full details within
28 days of your return from your travel.
|