KENSINGTON & PEARL CONDITIONS FOR OUR PACKAGE HOLIDAYS OR A FLIGHT PLUS ARRANGEMENT
YOUR CONTRACT IS WITH KENSINGTON & PEARL LIMITED of 9 Seagrave Road, London SW6 1RP, UK
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 as the lead name of the booking you are ultimately responsible for paying the holiday invoice, even though by booking on behalf of the group, and 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 and we issue our confirmation invoice. 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. You should also refer to our website for any updated information or changes concerning your holiday that may have occurred since you booked your holiday and where these conditions are also available.
We provide full financial protection for our package holidays by way of our membership of the Travel Trust Association (TTA), Membership number Q4162 and T-ATOL holders number T7584. These booking conditions and our website comply with their Code of Conduct for Tour Operators and Travel Agents.
(i) 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.
(ii) 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).
(iii) 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 you book arrangements other than a package holiday from us (for example a single travel component such as room only) and which does not become a “Flight Plus” arrangement where flight or car hire may be sold to you within 24 hours – then the financial protection referred to above does not apply. We will be acting as an agent only of the travel component supplier and it will be that supplier’s terms and conditions which will apply. However, sales of single travel components may be protected under insurance arrangements provided by TTA. Please enquire at the time of booking.
The TTA is a trade association of travel agents and tour operators. The TTA requires all of its members to operate a Trust Account in accordance with the TTA’s prescribed procedures. The Trust Account is a special bank account which holds your funds until either we have completely provided the services you have paid for or another body becomes legally responsible for the protection of the funds. An independent trustee has been appointed who authorises, in conjunction with us, the release of funds from the Trust Account.
In practice, this means that Kensington & Pearl Limited is paid only after your return from holiday. In the event of the financial failure of Kensington & Pearl before or during your holiday your funds remain available for refund.
Your booking is also covered by a unique “Stand Alone Safe Seat Plan” providing fidelity insurance on all funds accepted into trust by a TTA member. If any party fails to deposit the money into the Trust Account or removes monies improperly then the Stand Alone Safe Seat Plan will reimburse the sum paid by the consumer.
(i) 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, prices and availability are subject to change at any time. Please call us for our latest pricing indications and for the latest updates on the facilities and amenities at your selected accommodation and other services.
(ii) When you make your booking you must pay a deposit of 30% of the total cost or the the price of all your flights combined, whichever is greater. Payment should be made by cheque or bank transfer (to Kensington & Pearl Limited, account number 46053522 Sort Code 50-41-01), or by using our Worldpay system (which will accept most credit and debit cards) and will be confirmed in our Confirmation Invoice sent to you. The balance of your travel arrangements must be paid at least 12 weeks prior to departure. For bookings made within 12 weeks of departure, the full payment becomes due immediately upon verbal confirmation and any subsequent cancellation will incur cancellation charges as set out at clauses 5 and 6 below. 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. All monies you pay to any appointed travel agent are held by him on our behalf at all times. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies
(iii) 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 together with an amount to cover any 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.
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.
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, provided that notification is received in writing at least 12 weeks before departure, 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 and you will be asked to pay an administration charge of £25 per booking, 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. Where changes are possible we will issue a revised invoice including all additional charges.
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. Cancellation will take effect the day such notification is received by us. 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 6. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Please note that different cancellation charges apply to the purchase of single components (such as flight only or accommodation only). Cancellation 60 days plus before departure, deposit only; 28 – 42 days before departure 60%; 14 – 28 days 75%; 7 – 14 days 90% and 7 days or less 100% of the total holiday cost. Some cancellation charges for example for low cost carriers, scheduled airlines and various accommodation suppliers impose cancellation charges up to 100% at all times and we reserve the right to pass these on to you where appropriate.
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. Where a minor change is required to your holiday accommodation or there are changes to facilities we will endeavour to provide alternative accommodation or any changed facilities to an equivalent standard to those which you have booked. No compensation or refund is payable where a minor change is made. 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.
Examples of minor changes include alteration of your flight departure times by less than 12 hours or a change to accommodation to another of equivalent standard. We do not have to tell you about minor changes before you go on holiday and we will not pay compensation
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 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, then you can choose another holiday from us of comparable standard if available (we will refund any price difference if the alternative is of lower value), or cancelling your holiday and receiving a full refund of the price paid. We will not make a major change to your holiday less than 14 days before departure (other than for reasons of price revision or force majeure). 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 84 days||£Nil||Deposit only||Deposit only|
|Between 42 – 84 days||£10||75% of holiday cost||75% of holiday cost|
|Between 0 – 42 days||£20||100%of holiday cost||100% of holiday cost|
Force Majeure: 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, unavoidable technical problems with transport, unexpected computer failure affecting bookings and where your chosen accommodation cannot be occupied due to circumstances beyond our control.
Compensation will not be payable if payment for your holiday has not been received by us by the stipulated date. Please note that some suppliers including scheduled airlines impose cancellation charges of up to 100% in cases including discounted and APEX airfares and we reserve the right to pass these charges on to you in the event that you cancel.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier, or other supplier of the services,or to our local representative) who will endeavour to put things right. We are also available to assist should this be required. 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 on your holiday in resort and this may affect your rights under this contract.
In the unlikely event that your problem is not resolved on the spot then you must follow this up within 28 days of your return home by writing to our Customer Services Department 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. We will respond to you with an acknowledgement within 14 days and a full response no later than 28 days from receipt of your letter. The complete time to deal with a response is therefore 56 days from your return home from holiday.
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 provide 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
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.
It is your responsibility (and any members of your associated group) to ensure that your passport, any required Visa or other entry requirement is obtained before you travel. Please allow sufficient time for any visa application to be processed before your departure date. We cannot be responsible if you are not permitted to travel due to your failure to obtain the correct entry documents in good time before you travel. Please note that some countries require an immigration payments for travellers departing their country at the end of the holiday.
Important safety related information regarding all of our overseas holidays can be found at the Foreign Office website www.fco.gov.uk.
Other than excursions that you have booked through us and are confirmed to you before travel, excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the other operator of the excursion and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator