Any bookings made by Mr & Mrs Smith acting as an agent of Lusso are subject to Lusso's terms and conditions, copied below.
1. Your Holiday Contract
The key terms of our agreement are:- Key terms
1. You will enter into a binding contract with us when we issue our confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges will increase up to 100% of the cost of them; 2. You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes; 3. We may make changes to and cancel your confirmed arrangements but we will pay you compensation in certain circumstances if we do so; 4. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.
2. Your Financial Protection
We provide financial security for flight inclusive packages and ATOL protected flights by way of a bond held by the Civil Aviation Authority under ATOL number 10180. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom. 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 claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. We are also a member of the Association of British Travel Agents ABTA number Y2136. Lusso Travel Limited are a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with The Package Travel and Linked Travel Arrangements Regulations 2018, all passengers booking non-flight inclusive packages and accommodation only with Lusso Travel Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Lusso Travel Limited. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC. In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at [email protected] . Please ensure you retain the booking confirmation form as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
3. Booking and Paying for Your Arrangements
The amount of deposit you pay will vary depending on the type of service you book and will be advised to you at the time of booking. Our minimum deposit amount is £250 per person or 5% whichever is the greater amount. Higher deposits may be required during peak periods and where prepayments to suppliers are necessary. Some airlines require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket and may not be refundable or transferable.
5. Our Price Policy
Our brochure(s) are prepared and costed many months before travel and is based on known costs and exchange rates as advertised on www.xe.com on an ongoing basis. The prices in this brochure are for guidance purposes only and the price of your holiday will be confirmed at the time of booking. We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements. The price of your confirmed arrangements is subject to variations which occur solely as a direct consequence of changes in:- (a) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (b) the level of taxes or fees on your confirmed arrangements imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (c) the exchange rates relevant to the package. Price variations will be calculated by applying the cost differential we experience as a result of the above factors. Prices may go up or down and we will notify you about any variation by sending you a calculation explaining the variation no less than 20 days you are due to depart. If your arrangements are a package, and if that means that you have to pay an increase of more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 10. If prices go down as a result of the above factors, we will make a reflective refund, but we will also deduct our administrative expenses from what is owed to you and this may extinguish the value of the refund due. Also, note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.
6. Method of Payment
We accept all forms of payment.. Cheques should be made payable to Lusso Travel Ltd. Details for Bank Transfers are available upon request.
7. Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible either directly or via your travel agent. This should be done by the lead name on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Any alterations are only possible if permitted by our suppliers. Where we can meet a request, all changes will be subject to any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. We will charge an administrative charge of £25 per amendment. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. Cancellation by You
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices at 17 London Road, Alderley Edge, Cheshire, SK9 7JT. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.):- Up to 56 days prior, deposit only; 55–43 days prior, 50%; 42–22 days prior, 70%; 21–14 days prior, 90%; 13–0 days prior, 100%
Note: We strongly advise you to obtain adequate Travel Insurance with appropriate cancellation cover. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. In these circumstances the applicable cancellation charge will be advised to you at the time of booking. You may cancel any package arrangements prior to their commencement (following the process outlined above) in the event that i) circumstances amounting to unavoidable and extraordinary circumstances are occurring at the place where your arrangements are due to be performed or its immediate vicinity ii) those circumstances make it impossible to travel safely to the travel destination; iii) the performance of your arrangements will be significantly affected by those unavoidable and extraordinary circumstances and iii) the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. In this event, you will receive a refund without undue delay of any payments made but this the maximum extent of our liability and we regret we cannot pay you compensation or meet any other expenses or losses you may incur as a result. If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out above will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
9. Changes to a Confirmed Booking after Commencement of Travel
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and we will not be responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
10. If We Change or Cancel Your Holiday
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 12. 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 both before and after departure.
Changes and cancellations before departure Most changes will be insignificant and we reserve the right to make them. If we make an insignificant change to the main characteristics of your arrangements we will try to notify the change to you or your travel agent as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes. Occasionally, we have to make a significant change and we reserve the right to do so. A significant change is one where we or our suppliers significantly alter any of the main characteristics of your arrangements. Examples of significant changes include the following changes when made before departure:-
• a change of accommodation to that of a lower official classification or standard to that originally booked for the whole or a major part of the time you are away;
• a change of outward departure time resulting in the overall length of time you are away being reduced by twelve hours or more;
• a change of UK departure point to one which is substantially more inconvenient for you (except between airports within or around the same city for example London Gatwick and Stansted Airports).
• Where we or our supplier can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation invoice and this will have a significant impact on your arrangements.
If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i) (for significant changes) agreeing to the changed arrangements, ii) accepting the cancellation or terminating the contract between us and receiving a refund (without undue delay) of all monies paid;
or iii) accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due). You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay. Where you have booked a package and you choose option ii) above, subject to the following exceptions as well as the limitations and exclusions in section B of clause 5, we will where appropriate pay you reasonable compensation The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation where:- i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements; ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 11; iii) where you choose options i) or iii) above;
We will not make a price reduction or pay you compensation; and the above options will not be available where:- i) we make an insignificant change; ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms); iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations after departure If we become unable to provide a significant proportion of your arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. Where our original agreement included return transport we will also provide you with equivalent transport back to your place of departure. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in line with this clause, where appropriate and only where you have booked a package, we will pay you compensation subject to section B of clause 12.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
11. Unavoidable and Extraordinary Circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions which make it impossible to travel safely to or remain in the travel destination; adverse sea, ice and river conditions, significant risks to human health such as the outbreak of serious disease at the travel destination and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances. Where you have booked a package and we are unable to ensure your return as agreed because of unavoidable and extraordinary circumstances which directly prevent you from travelling safely back to your point of departure, we will bear the cost of necessary accommodation if possible of equivalent category for a period not exceeding (a) 3 nights per traveller (exceptions apply in respect of persons with reduced mobility and people travelling with them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package); or (b) where a different period is specified in any passenger rights legislation applicable to the relevant means of transport for your return, for the period specified in that legislation.
12. Our Responsibilities and Liability to you
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause.
A. Our responsibilities differ according to what you have booked: In relation to flights where the place of flight departure and arrival is within the UK In respect of the sales of flights where the place of flight departure and arrival is within the UK, we act as agent. We accept no liability in relation to any contract you enter into or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any such booking. For all such flights, your contract will be with the supplier of the flights in question. When making your booking we will arrange for you to enter into a contract with the applicable flight supplier(s) and your booking with us is subject to the specific booking conditions of the relevant flight supplier(s) you contract with. The supplier’s terms and conditions may limit and/or exclude the supplier’s liability to you. Copies of applicable conditions are available on request from us. In relation to bookings of Packages: We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you reasonable compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent in performing or arranging the package arrangements if you wish to make a claim against us. In relation to all other bookings: We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact our local representative using the contact details on your itinerary or by calling our emergency number +44 (0)1625 800321
B. Limitations of responsibility In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:- We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- a) the act(s) and/or omission(s) of the person(s) affected; b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable
or unavoidable; or
c) Unavoidable and extraordinary circumstances as set out in clause 11.
We will not be responsible, make a price reduction or pay compensation:- a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you. b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business. Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):- a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements. c) deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question. (Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by an International Convention When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions. The extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask us for copies of these Conventions.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
The maximum amount we will have to pay you in respect of all such claims is three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
Assistance to those on a package in the event of difficulty or unavoidable and extraordinary circumstances
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in paragraph 2 of clause 11. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact our local representative using the contact details on your itinerary or by calling our emergency number +44 (0)1625 800321
13. Your Responsibilities
Any passports, visas, health certificates, International Driving Licences, entry requirements and other travel documents required for your holiday must be obtained by you, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by you or by us on your behalf) as a result of failure to comply with such requirements. You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so. The Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information on the Internet under the address http://www.fco.gov.uk All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of the other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/ or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party.
No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of any other guests or individuals who have no connection with your arrangements with us.
14. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
15. Flights, Delays and Denied Boarding
The following clause applies to arrangements booked with us that are inclusive of flights. Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/ index_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. The carrier(s),flight timings and types of aircraft shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. 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 detailing carriers to be used or likely to be used on our website’s Airline Information Pages and we shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know and in all cases at check-in or the boarding gate. Such a change is deemed to be a minor change in accordance with Clause 10. We use the scheduled services of the world’s international airlines and whilst these airlines are rarely subject to lengthy delays there are occasions where airlines are subject to operational delays, change of aircraft and routing, over which we have no control. Where this does occur it is the responsibility of the airline or transport provider concerned to provide refreshments and/ or appropriate accommodation. We cannot accept liability for any delay which is due to any of the reasons set out in Clause 13 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check -in or board on time). Under EU Law, you have rights in some circumstances to refunds and/or compensation from the 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. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If the airline does not comply with these rules you should complain to the Aviation Consumer Advocacy Panel which is part of the Civil Aviation Authority www.caa.co.uk. This brochure 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.
16. Special Requests, Disabilities and Medical Problems
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed and guaranteed in writing. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. If you develop a serious medical problem after making a booking or a medical problem worsens, we reserve the right to reasonably refuse or cancel your booking, if in the unfortunate event that we cannot accommodate the booking/reservation. In these circumstances we will endeavour to limit any cancellation charges applicable.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our local representative (where applicable) immediately who will endeavour to put things right. Please note that failure to follow this procedure may affect your rights under this contract and reduce or extinguish any claim against us or our suppliers as we have been denied the opportunity to investigate and rectify the problem and/or take steps to reduce or entirely prevent any loss or damage being suffered. If your complaint or problem is not resolved locally, please contact us by email, by telephoning our UK Office on +44 1625 591111, or our 24 Hour Emergency Telephone Number as detailed on your Itinerary. If the problem cannot be resolved and you wish to complain further, please send formal written notice of your complaint to us at Client Services, Lusso Travel Ltd, 17 London Road, Alderley Edge, Cheshire, SK9 7JT within 28 days of the end of your stay, giving your booking reference and all other relevant supporting 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.
We are a member of ABTA, membership number Y2136. 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 is 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. The application for arbitration and Statement of Claim must be received by ABTA within eighteen months of the date of return from the holiday. For injury and illness claims, you may like to use the ABTA Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. Further information on the Code and ABTA’ s assistance in resolving disputes can be found on www.abta.com. You may also wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr.#
19. Brochure Accuracy & Pricing
The information contained within this brochure and on our website is for guidance purposes only. It is prepared many months in advance and we endeavour to ensure that all the information and prices in our brochures/website are accurate at the time of publication. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 11. Descriptions of accommodation, facilities and services are obtained from our suppliers in advance of publication and it is possible that an advertised facility may be withdrawn or changed for reasons such as lack of demand, bad weather, maintenance or renovation. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Please note prices in this brochure/website do not include charges for payment by Credit/Debit Card. Due to ongoing renovations some hotels or their surroundings may have changed, sometimes quite dramatically since the latest update of this brochure or our website. In the majority of cases the images featured are those provided by the relevant suppliers. Please note that the imagery provided is purely for your guidance and need not necessarily provide a current representation of the hotel and its surroundings as further developments may have taken place since these images were taken.
It is a requirement of booking that adequate travel insurance cover is obtained prior to booking. Please ensure that any policy obtained provides adequate cover for cancellation, missed departure and unused accommodation. You must also ensure that any activities considered hazardous (scuba diving, etc) and travel in light or single-engine aircraft are covered by your policy where you intend to take part in such activities. We advise you to read the details of your policy carefully and take them with you on your holiday. Please note that the majority of insurance policies will exclude any undisclosed pre-existing conditions, medical or otherwise, and we advise you where you have any doubt to check with your insurer prior to booking. We do not sell travel insurance but please contact us should you require an introduction to an insurance provider who will assist with your insurance needs.
21. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only (if not referred to Arbitration under Clause 18). You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so. If any part of this contract is found by a competent authority to be invalid, unlawful or unenforceable then that provision shall be deemed not to be a part of this contract and it shall not affect the enforceability of the remainder of this contract. No term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
22. Subsequent Versions of these Conditions
These booking conditions are accurate at the time this brochure was printed. We may alter these terms and conditions at any time. If we do so, all subsequent bookings will be governed by the newer version. You must check our website for the applicable up to date version of these terms and conditions.