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Terms & Conditions
Freedom Australia is a trading name of Freedom Destinations Ltd. These conditions form part of the contract between the person making the booking (‘you’), who is acting on behalf of everyone named on the holiday confirmation, and Freedom Destinations Ltd. The contract between us exists when we issue your holiday confirmation showing receipt of your payment. Please check all details carefully and advise us immediately of any error.
1. Financial protection
We are members of ABTA, holding ATOL no. 6299 issued by the Civil Aviation Authority, which provides for your protection in the unlikely event of our insolvency. All our air holidays are ATOL protected. Bookings without flights are separately protected by a bond held by ABTA. Our ABTA no. is W5359. Further information about ABTA, it's code of conduct and arbitration scheme can be obtained from ABTA on 0207 7637 2444 or at www.abta.com.
2. Booking and payment
Please telephone us to discuss your individual arrangements. We will confirm current prices before making a provisional booking. If you are happy with the arrangements made we will ask you for a deposit of 10% (or £100 per person whichever is greater) plus any applicable insurance premium. If you book within 10 weeks of departure we will ask you for full payment. A booking fee of £20 will be charged on bookings under £200 in value. An additional deposit will be required where a larger deposit or payment in full is required by our supplier. Details will be given at time of enquiry.
Any special requests will be forwarded to the relevant suppliers but we cannot guarantee that they will be met and we cannot be liable for any failure in this respect.
Your booking is made up of one or more separate components chosen by you and is not a package. We will send you a holiday confirmation showing details of the bookings made with us.
The holiday balance must be paid at least 10 weeks before your departure date - we do not send reminders. Should you fail to pay the balance when it becomes due we will treat your booking as cancelled by you and the deposit will be forfeit.
3. Prices & surcharges
Prices shown are based on currency exchange rates printed in the Financial Times on 15th October 2013 and include UK and overseas taxes in force on that date. Prices are valid for holidays taken before 31st March 2014. We reserve the right to amend prices upward or downward at any time prior to a booking being made. Unconfirmed items on your holiday confirmation await verification from the supplier and prices may change.
We guarantee that our prices will not change after a holiday confirmation has been issued except for errors and omissions or to allow for change due to currency fluctuation, transportation costs or governmental action (including fuel prices, scheduled airfares, taxes etc). For currency fluctuation, we promise to absorb the first 2% (excluding insurance and amendment charges) before passing on any surcharge. If you are required to pay a surcharge of more than 10% of the holiday price, we will offer you the option of cancelling your booking and receiving a full refund of all monies paid (except for insurance premiums and amendment charges). If you choose this course of action you must do so in writing within 14 days of the issue date printed on the holiday confirmation.
Due to the fee levied by credit card companies, a 2% charge will be made on each payment using a credit card (e.g. Visa, MasterCard). No charge is made for payment by cheque or debit card (e.g. Maestro, Delta).
4. If you change your holiday
Your booking with us may consist of one or a number of different components. If you wish to change any part of your booking, please let us know as soon as possible and at least 10 weeks prior to departure. We will do our best to help but cannot guarantee to be able to do so. If we are able to make the change we will charge an amendment fee of £25 per change to cover our administration and communication charges plus, if applicable, any charges we incur from the supplier of the service being amended. Amendment of a component after the balance due date is likely to incur higher charges or be treated as a complete cancellation and re-booking. Amendment fees are payable at the time of making the change.
Note: Certain travel arrangements (e.g. flights) may not be changeable after the booking has been made and any amendment may incur a 100% cancellation charge on the original component.
5. If you cancel your holiday
You may cancel your booking or a component of your booking at any time provided that you make the cancellation in writing; cancellation takes effect from the date that we receive your written notification. If flights have been booked and shown as a separate item on your confirmation, they will incur a cancellation charge of 100%. The cancellation charge for your other holiday components will depend on when you cancelled and is shown below as a percentage of the component price. Insurance premiums are not refundable.
Cancellation notice given:
more than 70 days - deposit only including additional deposits required in clause2.
70 to 43 days - 30%
42 to 29 days - 50%
28 to 15 days - 75%
14 days or less - 100%
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6. If we change or cancel your holiday
It is unlikely we will have to change or cancel your booking after it has been confirmed. However, as arrangements are often made many months in advance and we have no direct control over some of the products we feature, we reserve the right to change or cancel your booking or a component of your booking at any time.
Most changes are minor and we will advise you of these as soon as possible. Minor changes include a change of accommodation to another of the same standard, changes to carriers, aircraft types or alterations to flight times by less than 12 hours.
Major changes include a change of accommodation to a lower standard or to a different resort than booked or cancellation of a tour by our supplier because of insufficient numbers or any other reason.
If we make a major change you will have the choice of an available alternative or a full refund of that part of your holiday. If you choose a more expensive alternative you will have to pay the difference; if less expensive we will refund the difference. If we cancel your booking for any reason other than force majeure or because you failed to pay on time, you will be entitled to a full refund and compensation as follows.
More than 70 days - nil
70 to 29 days - £50 per booking
28 days or less - £100 per booking
Note: As flight times and carriers are prone to change, details given on your confirmation are for information purposes only. Full details will be shown on your tickets. If a major change becomes necessary we will inform you as soon as is reasonably possible if there is time before departure. In all cases the flight operator or airline booking conditions and any compensation policy will apply.
7. Our responsibilities
We accept responsibility for ensuring that your travel arrangements booked with us are supplied as described in our brochure. If any part of your travel arrangements is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you reasonable compensation having regard to the cost of the service and the seriousness of the deficiency - provided the procedure shown in point 8, below, has been followed.
We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents together with our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. In such cases we will pay such damages as might have been awarded in such circumstances under English law, or the law you have chosen under Clause 12.
We do not accept responsibility nor pay compensation where the fault was due to unusual or unforeseeable circumstances (force majeure).
In respect of travel by air, sea and rail, and the provision of accommodation, our liability will be limited in the manner provided by International Conventions and the contractual terms of companies that provide your transport will apply to this contract. Mention of an airline in our brochure does not imply any commitment on their behalf. In accordance with aviation rules, an infant must be under 2 years and a child aged under 12 years of age on the date of their return flight to qualify for infant or child status.
8. If you have a complaint
If you have a problem during your holiday, please inform the relevant supplier as soon as you become aware of it so that they can resolve it on the spot. If it is a serious deficiency that cannot be resolved, you should also advise us immediately by fax or email. Unless the supplier is given the opportunity to rectify the problem at the time it occurs, it is not reasonable to expect us to accept liability after you return home.
If the deficiency cannot be resolved locally, please write to us within 28 days of your return giving your booking number and all relevant information so that we can investigate it fully. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint while you were in the hotel/apartment, tour, etc., and this may affect your rights under this contract. In all cases our liability shall not exceed the price of that component.
9. Force majeure
Force majeure means unusual or unforeseeable circumstances beyond our control, e.g. war, threat of war, civil commotion or strife, hostilities, terrorist activities, industrial disputes, natural disaster, fire, acts of God, technical difficulties with transportation, quarantine, weather conditions, government action, etc. Your travel insurance may cover you for some of these events.
10. Travel insurance
It is essential that all members of your party have adequate travel insurance including cover for cancellation and repatriation in the event of accident or illness. It is up to you to ensure you purchase adequate insurance that is sufficient to cover your needs.
11. Passports visas and health
It is your responsibility to ensure that all clients named on the holiday confirmation satisfy all applicable requirements in respect of passport, visa and health matters. We cannot be held liable if you fail to ensure this and if as a result, we suffer any loss or expense because of such failure on your part, you will be obliged to reimburse us.
12. Law and jurisdiction
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.
13. Data protection
To make your booking we will need to use information you have supplied to us, such as full name, address and dietary requirements, and will need to pass this on to relevant suppliers, airlines, hotels, etc. We will only pass on such information as is necessary to make your booking and will retain information no longer that is required.
14. ATOL protection
All our flights and holidays with flights are financially protected by the ATOL scheme. Information about ATOL can be found on www.atol.org.uk. To ensure your ATOL protection you agree to the following terms and conditions required by the Civil Aviation Authority:
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claim may be re-assigned to another body, if that other body has paid sum you have claimed under the ATOL scheme.
Freedom Destinations Ltd
Registered in the UK no. 4225116