BALKANIA TRAVEL LTD. BOOKING CONDITIONS
Please read these booking conditions carefully. They set out the terms and conditions of the agreement between you and either Balkania Travel Limited trading as Balkania Travel Ltd (“Balkania Travel Ltd”) if we are acting as principal or with our supplier where we are acting as agent. If we are not acting as principal or have a direct contract with you, your contract will be with a third party and this will depend on the travel products you purchase from us and whether these form a “package” as defined in the package travel regulations 1992. Unless you purchase from us a Flight Plus arrangement (a flight and also overseas accommodation or car hire (requested within a day of each other to be used together) which is protected under our ATOL licence, where you have purchased a single or separate travel components at separate prices from different suppliers and we are acting as agent only the monies you pay us will not be protected by our ATOL licence in the event of either our or any suppliers insolvency. Any liability for defective services, death injury or illness caused by the negligence of the supplier, its agents or subcontractors will not be a liability of Balkania Travel Ltd and will require you to claim against the supplier of the service concerned.
In certain circumstances we apply a service charge for the services we provide, which may be in addition to any tour operator’s service charges:
Name change £30 per person
Date change £30 per person
Hotel change £30 per booking
Late booking fee £30 per booking
Cancellation £30 per booking
If there is an obvious error on any paperwork or pricing we reserve the right to correct it as soon as we become aware of it.
Your relationship with Balkania Travel Ltd and whether we are principal in direct contract with you, or the agent of another party will depend on whether you buy:-
A. A Tour Operators Package
B. A Dynamic Package or a Package organised by us.
C. A Flight Plus arrangement
D. A Single Travel Component or
E. A Flight seat/air ticket.
These terms are defined below and separate booking conditions apply to each type of booking:-
A. A Tour Operators Package
This is where you purchase through us a combination of two or more travel components of flights/transport, accommodation or other tourist services which are pre arranged and sold or offered for sale by one of our featured Tour Operators. If you purchase a Tour Operators Package you will enter a direct contract with the Tour Operator and their own Terms and Conditions will apply to your booking. They will advise you whether the booking is protected with an ATOL licence and the extent of their liability for the performance of the overseas holiday arrangements and claims for death illness or injury occurring during your holiday.
Balkania Travel Ltd act solely as the Agent for the Tour Operator who has organised your holiday. Accordingly Balkania Travel Ltd has no liability for the proper performance of your holiday arrangements which are matters entirely between you and the Tour Operator and their booking conditions.
All booking conditions for our featured Tour Operators are available from us on request but will usually be available to you in the Tour Operators brochure or on their website.
B. A Dynamic Package or a Package organised by us.
This is where you purchase through us a combination of two or more travel components of flights/transport, accommodation or other tourist services which are put together by us as a pre arranged combination and sold or offered for sale at an inclusive price.
Unless it is a Flight Plus arrangement (see below) it is not a Dynamic Package where you have selected different travel components which you instruct us to combine and which are offered to you at separate prices (e.g. tailor-made). Should you proceed to purchase the different and individually priced travel components, we will not have sold you a “Package” and we will act only as agents for those suppliers and you will have separate contracts with each supplier of those travel components (flights/transport, accommodation or other tourist services) that you have selected.
If we have sold or offered to sell a Dynamic Package to you then the following Booking Conditions will apply :-
BALKANIA TRAVEL LTD BOOKING CONDITIONS FOR OUR PACKAGED HOLIDAYS AND DYNAMIC PACKAGES
YOUR CONTRACT IS WITH BALKANIA TRAVEL LTD, ATOL. No. 4465
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. If you are booking for a group you are ultimately responsible for paying the holiday invoice, even though by booking on behalf of the group, you are representing that each group member accepts that they are bound by this Agreement. A contract will exist as soon as any payment is received. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times. 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 Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked through us and for your repatriation in the event of our insolvency. We hold ATOL No 4465 issued by the Civil Aviation Authority, which provides for your protection in the event of our insolvency. We provide this security by way of an ATOL no 4465 administered by the Civil Aviation Authority which provides for protection in the case of our insolvency. This protection does not apply if you buy a product from us other than a package holiday or Flight Plus, where we only act as agent and you should check what protection is available to you by reference to the suppliers own terms and conditions.
When you buy an ATOL protected air inclusive holiday or flight* from us you will receive a confirmation invoice from us confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. Please note: Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme . The air inclusive holidays and flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk
3. Your Holiday Price
We reserve the right to alter the prices of any of the holidays we have advertised. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you make your booking you must pay a deposit per person. The balance of your travel arrangements must be paid at least 12 weeks prior to departure. If the deposit and/or balance is not paid on time, we shall cancel your travel arrangements. If the balance is not paid on time we shall retain your deposit. Please see the cancellation charges set out at clause 6 below. Your holiday price will include the ATOL Protection Contribution (APC) of £2.50 we pay to the CAA.
Changes in transportation costs such as fuel, duties 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 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 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 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 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.
5. 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. You will be asked to pay an administration charge of £30 per person, 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 cancellation charges of up to 100% of that part of the arrangements.
6. 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 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 7. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7. 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 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. However, we will not cancel your travel arrangements less than 12 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. 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 Regulations we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We will advise you of the identity of the airline at the time of booking or when this becomes known to us. 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 change 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. We will not pay compensation in the case of minor changes. If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available or cancelling your booked holiday and receiving a full refund of all monies paid. if you do not wish to take the alternative we offer you , you can choose another holiday from us and pay, or receive a full refund of, any price difference In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
|If we make a major change to your holiday||If we cancel your holiday||If you cancel your holiday|
|Period before departure||Amount you will receive from us||Amount you will receive from us||Amount of cancellation charge|
|More than 28 days||£0||Deposit only||Deposit only|
|More than 14 days||£15||100% of monies paid||80% of holiday cost|
|14 days or less||£30||100% of monies paid||100% of holiday cost.|
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, epidemics and pandemics and unavoidable technical problems with transport.
8. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) 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 Avanta Harrow, 79 College Road, Harrow HA1 1BD 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 strongly suggested that you communicate any complaint to the supplier of the services in question 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 may affect your rights under this contract.
9. 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, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. 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, delays to passengers and loss, damage and delay to baggage. 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. Under EU Law 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 at 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
We are not liable for excursions or other tours that you book or pay for whilst on holiday and which are not booked and paid for at the time that you book your holiday with us.
10. Personal Injury Unconnected With Your Booked Travel Arrangements
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.
11. Acknowledgement of Risk
By making a booking with Balkania Travel Ltd you declare the following:
“A. I am aware that walking, hiking, kayaking, cycling or mountain biking involve a possibility of serious injury or death.
B. I accept the risk of injury or death and all other risks arising from this holiday, even if they arise from the negligence of Balkania Travel Ltd. staff or anyone involved in any way with Balkania Travel Ltd.
C. Notwithstanding that Balkania Travel will make its best efforts to make the holiday as safe as possible, I accept that the sole responsibilty for my personal safety is mine.
D. I have made a realistic assessment of my skills and capabilities, I am prepared for the worst possible conditions and I understand that the holiday route may pass through areas which are exposed to serious weather and other natural risks.
E. I have checked my gear, including, if applicable, my mountain bike or kayak or other equipment, thoroughly and the gear I am using (either hired or my own), is suitable for the holiday and in a good condition. I understand that it is fully and solely my responsibility to maintain my equipment in a safe condition during the entire holiday.”
12. Health, Safety and Security Abroad
We take the safety and security of our clients extremely seriously. If the Foreign Office advises that people should not visit a particular country then we would act on this. However, we are sure you appreciate from media coverage that the political, economic and social conditions in a number of the countries we feature are not as stable as we are used to in Europe. Sadly crimes against both people and their property are a fact of life the world over. When in a foreign country it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment, etc. Travellers have the same responsibility for their personal safety and their possession as they do at home.
We operate to many parts of the world, some of which do not conform to British Health & Safety Standards. All hotels we use are required to comply with local regulations for Health & Safety, but we cannot guarantee that these meet British standards and therefore urge that you undertake reasonable precautions to protect yourself and those travelling with you whilst on holiday.
We recommend that you check out the Foreign and Commonwealth Office website at www.fco.go.uk/knowbeforeyougo packed with essential travel advice and information, this website offers a wealth of country specific information that only the FCO can provide. Foreign Office advice is also available on BBC2 (Ceefax) page 470 onwards, or you may wish to contact the Foreign Office Travel Advice Unit on 0870 6060290.
13. Tour Participation
We reserve the right to refuse to accept you or any of your party if your behaviour is disruptive or affects any of the other tour members or is threatening or abusive towards any other tour member, member of staff or agents in the UK or in anywhere in the world, on the telephone, in writing or in person. In such circumstances no refunds or compensation will be paid to you. If the Captain of your flight believes you or any of your party could be disruptive, they can refuse to let you on the flight. If this means you are not allowed to board the flight either to or from your destination, we will treat your booking as cancelled by you from that moment, and you will have to pay cancellation charges and be responsible for your own costs for alternative flights, accommodation and other transport. Should any further charges be incurred relating to any disruption caused by you or your party we will pass this on to you. Civil or criminal proceedings may be instigated.
14. No Frills Airlines (low cost airlines)
In addition to the foregoing terms and conditions, the terms and conditions in respect of the supply of airline seats by no frills airlines will apply in relation to all no frills flights. For the avoidance of doubt in the event of any difference or discrepancy between these conditions and those issued by these airlines then the conditions stated herein will prevail. The conditions issued by no frills airlines are in addition to those issued by Balkania Travel Ltd , and are not included as a substitution. In particular additional charges may be levied by this type of airline for all non optional items such as for baggage, certain types of check-in and all meals and refreshments.
15. 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.
16. General Information
It is important for you to be covered by adequate personal insurance on your holiday. You must take out holiday insurance suitable for your needs before you travel. We cannot accept responsibility for any costs you incur as a result of failing to do so. For your own peace of mind the insurance should cover you if you have to cancel your arrangements, or for any emergencies that arise while you are away. Balkania Travel Ltd acts as agents for ATOL-licensed tour operators and ticket providers.
C. Flight Plus Arrangements
Where we sell to you a flight booking combined with at least one of either an overseas accommodation booking or overseas car hire which you request in addition to the flight either on the same day or the previous or next day , and the travel arrangements are due to last more than 24 hours, then this will be a Flight Plus arrangement.
All Flight Plus arrangements are protected under our ATOL licence 4465, which means that all monies paid to us are protected in the event of our insolvency.
A Flight Plus arrangement is not a Package and we act as agents for the airline and hotel or car hire company. Those suppliers will be in direct contract with you to provide the service concerned and their own booking conditions will apply. In the event of any defective service or any claim for death injury or illness, your claim will be against the supplier concerned.
D. Sales of single Travel Components (other than Flight Seats)
This is where we sell or advertise for sale individual travel components such as car hire, accommodation only and other travel services and which are not pre –arranged and sold by us with other travel products to you at an inclusive price. Unless these arrangements amount to a Flight Plus arrangement (see above) in these cases we are acting solely as agent for the supplier of the service concerned. Their booking conditions will apply and govern the relationship between yourself and the supplier. Balkania Travel Ltd will have no liability for the improper performance of the service concerned. Sales of single components are unlikely to be covered by an ATOL licence or liability for overseas performance (including death, illness or injury) unless the suppliers’ terms and conditions make this clear. You should always check the suppliers’ conditions and ensure that you have taken out adequate insurance to cover this risk.
Please be aware that the suppliers’ conditions may permit them to increase the price from that which may have been advertised, to levy cancellation charges of up to 100% if you change your booking and to substitute alternative equivalent services from that you have booked. Always check the suppliers’ terms and conditions carefully. The booking conditions for all of the suppliers who offer single travel components through us are available on request. The suppliers terms will require you to pay a deposit followed by a balance payment or if the booking is close to the departure date then payment is required in full. Late payment will result in the service being cancelled and cancellation charges will apply.
Accuracy – We take reasonable care to ensure that the information published about each hotel, villa, or apartment is accurate; however information is obtained electronically from the supplier’s databases. All ratings are the suppliers own, unless otherwise stated and may differ from the official rating. Neither Balkania Travel Ltd nor its suppliers can be held responsible for any discrepancies. Facilities and amenities in accommodation may be temporarily unavailable for operational reasons. Where this happens we will do our best to advise you as soon as possible. We cannot accept liability for errors or omissions in the descriptions. We reserve the right to add or remove discounts, change prices or descriptions or images as required at any time.
Complaints – Your booking is directly with your accommodation provider. Balkania Travel Ltd acts as agent for each accommodation provider and our responsibility is to publish details about them, notify them of your reservation and communicate any changes or special requests. We accept no responsibility for any aspect of your booking or travel arrangements. Any complaints or claims should be referred immediately to your accommodation provider who will be able to resolve the problem to your satisfaction there and then. If you are still not satisfied, then please write directly to your accommodation provider.
Alternations by any supplier in a single component: If one supplier cancels this may have an effect on your travel arrangements with other suppliers. For instance if a flight is cancelled or delayed this may effect the accommodation booking. In these cases Balkania Travel Ltd shall not accept responsibility for loss of monies or inconvenience incurred.
E. Sales of Flight Seats
This is where we sell or offer for sale a flight seat/ticket only.
If we sell or offer this for sale to you as an agent of a supplier we will advise you of this and confirm to you that we act as the agent of the holder of an ATOL licence and its identity and ATOL number which will be sent to you following your booking. If we have sold to you as agent for another ATOL holder then that other party’s booking conditions will apply to your booking. All booking conditions for our suppliers are available from us on request but will usually be available to you or on their website.
The flight ticket may be sold to you by Balkania Travel Ltd acting as the agent for the airline under our IATA Licence. In this case your contract will be directly with the airline and their Conditions of Carriage will apply to your purchase, their performance of the flight and your rights, together with details of check in times, fuel charges where applicable, Air Passenger Duty and baggage allowances. Please note that with some types of flight seats may not be cancelled or changed (such as APEX) cancellation charges of 100% will apply to any cancellations.
The sale of a flight ticket may be offered to you under Balkania Travel Ltds’ own ATOL licence in which case the terms and conditions set out below will apply :-
In accordance with our ATOL Licence we have automatically included Scheduled Airline Failure Insurance on all scheduled airline tickets to cover you against Scheduled Airline failure. If your airline fails prior to your departure, we will refund the value of the ticket to you (up to £1500 per person). If you have already departed we will offer alternative onward or return flights to the UK. This Insurance does not apply to airlines in Chapter 11 insolvency.
The price we charge will automatically include the ATOL Protection Contribution charge which from October 2009 will be £2.50 per person.
Airlines reserve the right to increase the price you have paid by the imposition of fuel and other charges. We reserve the right to pass these on to you as well as any other unexpected price increase including taxes, airport charges and landing taxes charged to us by the airline concerned. The airline will also charge you Air Passenger Duty at the applicable rate, and this tax has increased in 2009 with a further increase to take place in 2010.
If you wish to cancel or change your flight booking then you should contact us to see if this is possible and what additional charges may be required by your airline. Some discounted scheduled flight seats may not be changed or cancelled without incurring 100% cancellation charges.
Transfer of booked seats to another person may not be possible.
Flight timings are provided for guidance only and we are not responsible for flight delays or for cancelled flights caused by the operations of the carrier concerned. All flights must be reconfirmed – we cannot be held responsible for missed flights due to rescheduling or other reasons.
The liability of Balkania Travel Ltd is limited to making arrangements with the airline to make the tickets available to you. We have no liability for the operation of the flights or the terms of your carriage which are the subject of the airlines own Conditions of Carriage, the Montreal Convention 1999 and EC Regulation 261/2004 (see below) regarding overbooked, cancelled and delayed flights.
EC Regulation 261/2004 sets out minimum rights and compensation levels payable to passengers by airlines for overbooked delayed and cancelled flights. Information about your rights is available from your departure airport or from the airline concerned. It is for you and not for Balkania Travel Ltd to claim or seek to enforce these rights.
Particular terms applicable to bookings with low cost airlines and “no-frills” flight
Our service to you is different for this low cost service than with other ticket sales:-
When booking no frills flights, we act as your agent. Thus we search our flights database on your behalf and if you choose to buy a no frills flights, we will find the relevant flight(s) on your behalf from the airline. The airline will email us confirmation of the booking, which we will forward on to you. You will be subject to the terms and conditions of the relevant no frills airline which are deemed to be incorporated into this contract. They can be accessed from the relevant no frills website. If you have any query in respect of the flight, please contact our Customer Services department who will approach the relevant airline on your behalf. Please bear in mind, however, that if the no frills airline imposes any fee or charge on us to effect any changes to your booking, we reserve the right to pass on the charge to you, along with our own administration charges as set out in here.