In these conditions ‘the Company’ means Ffestiniog Railway Holdings Ltd., trading as Ffestiniog Travel; ‘the traveller’ includes any person or child travelling with or in the care of the traveller or for whom he makes any booking arrangements with the Company; ‘hotel’ includes any accommodation offered or provided to the traveller.
1. All reservations are accepted subject to the Company’s booking conditions. Reservations should be requested on the official Booking Form or, when applicable for tailor-made holidays, in a letter giving the full details of transport and accommodation required. Booking Form and/or letter should be signed by a person over 18 years and should be accompanied, where appropriate, by a deposit. A Booking Confirmation will be sent by the Company acknowledging this payment.
2. Any deposit paid to the Company by the traveller shall not be repayable by the Company in circumstances where the travel arrangements are cancelled by the traveller. The deposit is repaid to the traveller in circumstances where the Company cancels the travel arrangements, or where the travel arrangements are so altered by the Company that cancellation is offered to the traveller.
3. The Company may, without notice to the traveller, alter or substitute any route, method of carriage, carrier or hotel reservation without any liability whatsoever, provided that the Company gives its reasons for so doing and that such alterations shall neither increase the charge payable by the traveller nor be of a lower standard than the Company has contracted to provide to the traveller. In the event of a major change of itinerary being required, the traveller will be informed of such a change as soon as it becomes necessary and offered the alternative of a full refund, or transfer to another tour. A major change is defined as one which the Company makes prior to departure involving changing the departure time by more than 24 hours or deleting a substantial part of the itinerary. If the traveller wishes to cancel as a result of such a change, this must be done in writing within 14 days of the date when such notice is sent. The liability of the Company is limited in such circumstances to a full refund of all monies paid. Optional excursions do not form part of the itinerary in the context of this clause.
4. The price of the holiday is subject to surcharge on the following items: government action, currency (any changes in the rate of exchange between the pound sterling and the relevant foreign currencies between 1st May 2012 or 1st August 2012 as appropriate and the commencement of the holiday, please see price box for each tour ), aircraft fuel, overflying charges, airport charges, increases in scheduled air fares and insurance costs. In the event of increases to any of the above, the Company shall be entitled to recover from the traveller any such increase above 2% of the total price of the holiday excluding excursions, amendments and insurance costs. If this means that the price of the holiday rises by more than 10%, the traveller has the option of cancelling the holiday and having refunded all monies paid, less any cancellation fees levied by the various hotels and transportation companies. In order to offset the cost of this undertaking, the Company will not guarantee to reduce the cost of the holiday in the event of a favourable change in the exchange rate but we will look at each case on its merits. Surcharges will not be levied by the Company at a later date than 30 days before the commencement of the holiday.
5. All arrangements made for carriage, conveyance, refreshment or accommodation are subject to the conditions of the person or company providing the carriage, conveyance, refreshment or accommodation and also are subject to the laws of the country in which it is provided.
6. In the event of insufficient bookings being received to enable the Company to qualify for group travel concessions for escorted holidays, the Company reserves the right to cancel the tour. This will not normally be done less than eight weeks before departure. The liability of the Company is limited in such circumstances to a full refund of all monies paid. This condition does not apply to unescorted holidays.
7. Prices are based on double room occupancy at hotels. If for any reason travellers are accommodated in single rooms, the appropriate single room supplement must be paid by the traveller.
8. All transportation and accommodation is arranged by the Company upon the express condition that it is liable only for the provision of services required for the performance of the contract and that such services shall offer a reasonable standard in relation to the cost of the holiday.
9. The Company shall not be held liable for the death, bodily injury or illness of the signatory to the contract or of any other person nominated on the Booking Form, except when caused by the proven negligence or omission of its employees or those of its agents or suppliers whilst acting within the scope of and in the course of their employment. The Company does not accept responsibility for services or facilities which are not part of its agreement or advertised in the brochure or on its website. E.g. Excursions booked whilst away or any service or facility which your hotel or other supplier agrees to provide for you.
10. The Company will take all reasonable care in making arrangements for transportation and accommodation but does not own or operate the transportation and accommodation suppliers referred to in the brochure. The Company accepts liability for acts or omissions of the employees of these suppliers only in so far as such liability arises from its contractual obligations and on the clear understanding that the traveller will make every effort to resolve any problems during the course of the holiday. Unresolved problems must be reported to the Company in writing within 28 days of the completion of the holiday.
11. Where international transportation services by land, sea or air are governed by international conventions, the obligations and liabilities of the Company and its suppliers are limited in the manner provided by such conventions.
12. The contract and any claims arising shall be governed by English and Welsh law and all proceedings shall be within the exclusive domain of the English and Welsh courts.
13. Responsibility cannot be accepted for losses or additional expenses due to delay, irregularity or change in air, rail, road, sea or other services, sickness, quarantine, strikes, war, weather or other causes. However the Company will make every effort to give advice and assistance in such cases.
14. Consumer Protection – In accordance with “The Package Travel, Package Holidays and Package Tours Regulations 1992”, all passengers booking with Ffestiniog Travel are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Ffestiniog Railway Holdings Ltd.
Holidays with flights included – All the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. From 1st October 2012, when you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see below for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk
Our ATOL number is 3047. 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. Money paid by customers to a travel agent for a Ffestiniog Travel holiday is at all times held by the agent on behalf of Ffestiniog Travel.
ATOL protection does not apply to all holiday and travel services listed in this brochure. For more information about financial protection for those holidays that are not ATOL protected please see below.
Holidays without flights included – As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), Ffestiniog Travel has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992.
In the event of Ffestiniog Travel’s insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Ffestiniog Travel.
In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-flight package.
N.B. Neither of the above bonds can be used to reimburse the costs of other expenses such as travel insurance, visas, vaccinations etc.
In order to adequately meet its responsibilities under the law, the Company may, in the case of tailor made holidays, require to specify the airline, hotels or other suppliers used in the package.
Please note that the sale of individual elements such as rail tickets, ferries, flights or accommodation only does not constitute a package in terms of the 1992 regulations. However flights are protected financially by the ATOL licence and “accommodation only” is protected financially by the ABTOT bond.
15. If you have a dispute with your tour operator which you are unable to resolve, you may call upon the low cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking form, or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.
16. Cancellation of a booking is effective only when received in writing by the Company. Cancellation fees are applicable as follows:
More than 10 weeks’ notice loss of deposit
70 to 42 days’ notice 50% of the cost of the holiday
41 – 15 days’ notice 90% of the cost of the holiday
LESS than 15 days’ notice 100% of the cost of the holiday
It is a booking condition that you purchase suitable and adequate travel insurance cover for the duration of your holiday.
17. A fee of £25 per booking will be charged for each amendment to a confirmed booking. This charge will not be levied until both the customer and the Company have agreed the final itinerary i.e. it will not be charged to customers who have made a booking and paid a deposit pending discussion on the details of the itinerary. Please note amendments cannot be accommodated less than 30 days before departure.
18. No tickets or other documents or vouchers will be released by the Company unless and until the full balance of the cost, as confirmed, shall have been paid to the Company. Such cost will be detailed to you in the final invoice.
19. Data Protection. In agreeing to these booking conditions, you acknowledge that we will collect personal information which is relevant to your holiday, including items related to diet or health. These may be passed on to suppliers, often abroad, to enable them to deliver the service required. We undertake not to pass on this information for any purpose other than in the provision of your holiday.
20. It is the traveller’s responsibility at the time of booking to provide the Company with full and accurate details of mobility, health and fitness and to notify the Company of any changes between booking the holiday and the date of travel. The Company reserves the right to terminate without notice the travel arrangements of any customer who does not comply and who, in the Company’s opinion, is not physically able to commence or continue a holiday. In these circumstances the Company’s obligations to the traveller shall cease, full cancellation charges shall apply and the Company shall not be liable for any refund, compensation or other costs. Please note that the Company’s rights in connection with the above may be exercised by the Tour Leader at the start of the escorted holiday or even during the holiday itself. Please note also that the Tour Leader cannot provide individual assistance with handling luggage.