Terms & Conditions
A pre authorisation is required upon check in for incidental purposes. This is a US$200.00 security deposit and can be done via cash or Credit Card
1. Your holiday contract.
Your contract is with Kenwood Travel, members of ABTA & ATOL. When you make a request or booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and that you are 18 years of age or over. A contract will exist as soon as we issue our confirmation invoice.
We reserve the right to alter the prices of any of the holidays shown on our web site. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
Any booking requests made on our website are subject to availability.
Your credit/debit card will not charged until your holiday is confirmed. Should your holiday not be available or should there be any difference in cost we will contact you to discuss this and offer alternatives. If any of the alternatives we offer are not acceptable you are at liberty to cancel your online booking request. A contract will exist as soon as we issue our confirmation invoice.
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 however, choose the law and jurisdiction of Scotland or Northern Ireland, if you wish to do so.
2. 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 our web site and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL 5664 administered by the Civil Aviation Authority. For package holidays that do not include a flight we provide a bond with ABTA.
When you buy an ATOL protected air holiday package from Kenwood Travel 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 5664.
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
We are a Member of ABTA, membership number 7456X. 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. The arbitration scheme is arranged by ABTA and administered independently.
It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. 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 £1,500 on the amount the arbitrator can award per person in respect of this element.
Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
4. Your Holiday Price.
1) We reserve the right to alter the prices of any of the holidays shown on our web site. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
Any booking requests made on our website are subject to availability. Your credit/debt card will not charged until your holiday is confirmed. Should your holiday not be available or should there be any difference in cost we will contact you to discuss this and offer alternatives. If any of the alternatives we offer are not acceptable you are at liberty to cancel your online booking request.
2) When you make your booking you must pay a deposit of 10% of the total cost of your holiday, or a higher amount, which would be notified at the time of booking and this amount is non-refundable and non-transferable. The balance of the price of your travel arrangements must be paid at least ten weeks before your departure date. If you book within ten weeks of your travel date we will require full payment at time of booking.
If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the 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. In certain circumstances you may be asked to pay the balance earlier, due to our commitment to suppliers. You will be advised of this at the time of booking and normally involves Christmas or Easter bookings or cruises.
The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies at the time of your booking and are published on our website.
3) Changes in [transportation costs, including 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 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. If this means 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. The only exception to this clause would be due to Government action.
5. Prompt assistance in resort.
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.
6. 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.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Our web site 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 flight.
9. Flight seat requests.
Kenwood Travel Ltd has no control over the allocation of seats by the airline and even if a request is made with the airline to pre-book seats, no guarantee can be made that they will still be available on check-in. The provision of supplying particular seats does not constitute a term of your contract with ourselves or Kenwood Travel Ltd.
10. Credit Card Charges.
Where payments are made by any credit card we will impose a service charge of 2% of the amount due. In the case of American Express this would rise to 2.50%. These rates may change from time to time and you will be advised of the current rate by our consultants at time of payment. Where refunds are made the amount would not include a refund of the service charge.
11. Connecting Flights.
Where domestic or international internal flights are booked, either by Kenwood Travel or by the client directly with the airline, we are unable to accept liability for any change in flight time by the carrier that would affect your onward or return travel arrangements. Where we have made reservations for domestic or internal scheduled flights payment must be made at the time of booking and is non-refundable. This would be in addition to our standard deposit.
12. Flight Details.
Any amendments that we may make to the flight details, such as change in carrier, departure time and airport of departure would be considered as a minor change and would not be subject to any compensation or allow you to cancel the reservations. The exception to this would be if the timings changed by a more than of 12 hours.
13. 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 17.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You may not cancel certain arrangements after they have been confirmed and any cancellation may incur a charge of up to 100% for that part of the arrangements.
14. 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 immediately 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 at the address on your confirmation invoice 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 a requirement that you communicate any complaint to the supplier of the services in question as well as to our representative or Kenwood Travel 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 will affect your rights under this contract.
15. 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 will also be limited in accordance with and/or in an identical manner to:
(a) The contractual terms of the companies that provides 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 (Address & Telephone). 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 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 www.auc.org.uk
16. 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 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.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
17. 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. 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. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our web site www.kenwoodtravel.co.uk.
Very rarely, we may be forced by Force Majeure to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refund (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
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. 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 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 OR CANCEL YOUR HOLIDAY||IF YOU CANCEL YOUR HOLIDAY|
|Amount you will receive from us for each full fare passenger||Amount of cancellation charge|
|More than 70 days||Nil||Deposit Only|
|57 to 70 days||20||50% of holiday cost|
|42 to 56 days||30||75% of holiday cost|
|Less than 42 days||40||100% of holiday cost|
18. Website Content
Photographs and descriptions of hotels and resort facilities are shown in good faith. It is possible that occasionally facilities may be unavailable, limited or have recently changed. We have endeavoured to ensure that nothing on our website is false or misleading at the time of loading. We reserve the right to change our website content at any time and will not be held liable for any errors & omissions.
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.