BOOKING TERMS AND CONDITIONS

Voyana is a division of Hays Travel Ltd. Your contract is with Hays Travel Ltd. 25 Vine Place, Sunderland, Tyne & Wear. Company registration number 1990682.

These are the terms and conditions of your Voyana holiday. Please read them carefully as you are bound by them. You will be asked at the time of booking to confirm your agreement to these terms.

THE CONTRACT

When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A contract will exist as soon as the booking is made and either the deposit or full payment has been made. A booking confirmation will be sent to you by either email or post. You must check this confirmation carefully and raise any queries immediately upon receipt.

All holidays are subject to availability at the time of booking. If the balance is not paid in time we will cancel your holiday and retain your deposit. Please note that no reminder will be sent out should you default on any required payment.

YOUR FINANCIAL PROTECTION

We provide full financial protection for our package holidays. When you buy an ATOL protected air holiday package from Voyana you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 5534. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA. For further information please see www.abta.com.

THE HOLIDAY PRICE

Whilst we reserve the right to change our prices of any of the holidays shown in our offers, you will be advised of the current price of the holiday that you wish to book before your contract is confirmed.

Out of date range flights: Our offers are prepared well in advance and scheduled airlines may not have loaded their seats to sell until approximately 10 months before your departure. Should this apply we will inform you at the time of booking and calculate the price in the anticipation that seats will be available in the specific airline booking class to which our negotiated fares apply. We will issue an invoice recording the arrangements reserved for you and will take a deposit but a contract does not exist between us. When the airline seats become available to book we will tell you the price and give you 7 days to either accept the price or cancel the booking and receive a full refund. If you accept the price we will issue an invoice and a contract then exists between us. In the event that flight seats/accommodation does not become available you will receive a full refund.

When you make a booking you must pay a deposit of £250 per person or any higher deposit which may apply to your particular holiday. The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure date or an earlier time as you will be advised on the confirmation invoice. For bookings made 13 weeks or less before departure the full balance will be payable. If the deposit and/or balance are not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times. The price of your travel arrangements will be calculated using exchange rates in the Financial Times Guide to World Currencies on the day of your booking. Surcharges: Changes in transportation costs, including the cost of fuel, dues, 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 and above 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 an increase of 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 transfer or 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 printed 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.

All payments must be made in pounds sterling and all cheques must be drawn on a UK bank. MasterCard and Visa credit card payments are subject to a payment fee of 2.5% of the value of the transaction. Payment by American Express is subject to a payment fee of 2.75%. There is currently no fee for payment by debit card issued by a UK bank. We reserve the right to change these fees should our costs increase or decrease.

TICKETS

Tickets and travel documents are normally supplied 7 to 10 days prior to departure, by either email or post at our choice. If you do not receive your tickets 7 days before departure please contact us using the contact details provided below. Please check your travel documents carefully upon receipt, and advise us immediately of any error. If you have any further queries, please contact our Customer Services Dept on 0844-871-8789 or e-mail us at admin@voyana.com.

If you change your booking after our confirmation invoice has been issued, or you wish to change your holiday in any way, we will do our best to meet your request but it may not always be possible. Any such request must be in writing from the person who made the booking. You will be asked to pay an administration charge of £50 per person and any further costs we incur in making the changes. 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. N.B. Certain travel arrangements may not be changeable after a reservation has been made and any requests to make a change may incur a cancellation charge of up to 100% of that part of the holiday/arrangements. You may be able to transfer a booking to another person at our discretion, provided that the new passengers meet the requirements of these booking conditions, that we are notified in writing not less than 14 days before the departure date and you agree to pay the full costs of making these changes. We will not, however, confirm such a booking transfer until all costs and charges incurred by us (including any charges and costs levied by a supplier) have been paid together with an administration charge of £50 per person.

Please note that some suppliers including scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% charge. We reserve the right to require the balance of the holiday price or any other sum due under the contract to be paid before we confirm the booking transfer. Where we do not impose such a condition, both the original passengers and the new passenger shall be responsible for the payment of any sum due to us and both shall also be responsible for obtaining any necessary travel documents.

If you cancel your holiday:

You or any member of your party may cancel your holiday at any time. Written notification from the person who made the booking and signed the booking form on your behalf must be received at our offices. Since we incur costs in cancelling your holiday, you will have to pay the applicable cancellation charges up to the maximum shown below

*In this paragraph ‘Deposit’ means the amount payable on booking or on any subsequent amendment which may on some occasions be up to 100% of the price. See also Sub-para d) below.

b) Where any cancellation reduces the number of full paying party members below the number of free places and/or concessions agreed for your booking we will recalculate these items and invoice you accordingly.

c) It is a condition of the contract that all passengers have full travel insurance in place prior to travel. We would strongly recommend that you take out insurance which includes cover against loss of deposit or cancellation fees. We reserve the right to refuse travel for passengers without valid travel insurance in place.

d) If any changes or cancellations are made by you at any time prior to your holiday commencing, please be aware that in some cases airline tickets may already have been produced. Therefore any changes made may incur charges equivalent to the full price of your airline ticket. We reserve the right to pass such charges on to you.

If we change/cancel your holiday:

a) It is unlikely that we will have to make any changes to your holiday 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 opportunity. We also reserve the right in any circumstances to cancel your holiday. For example if the minimum number of persons required for a particular holiday is not reached, we may have to cancel it. However we will not cancel your holiday less than 16 weeks before departure date, except for reasons of force majeure* or by reason of your failure to pay the final balance of the price. If we are unable to provide your holiday, you may choose between a refund of all monies paid or such alternative holiday of a comparable standard as we are able to offer, if available (we will refund any price difference if the alternative is of a lower value). If we do have to cancel your holiday, we will also pay you compensation as set out below except in force majeure circumstances. Please note that carriers such as airlines may always be subject to change which shall be deemed as a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours or a change of airports to another in the same city or region, changes to aircraft type, change of, accommodation/vessel to another of the same standard. 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 listing carriers to be used or likely to be used as follows: British Airways, Virgin Atlantic, Easy Jet, BMI, Air France, Air Lanka, Air Asia, American, Cathay Pacific, Continental, Delta, El-AL, Emirates, Etihad, KLM, Lufthansa, Malaysian Airlines, Monarch, Qantas, Singapore Airlines, South African, Thai Airways, or any other airline that we will advise you at the time of booking. 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 changes include alteration of your outward / return flights by less than 12 hours, changes to the aircraft type, changes of accommodation to another of the same standard.

b) If we make a major change to your holiday or we have to cancel your holiday, we will inform you as soon as reasonably possible before departure. You will have the choice of accepting the changed arrangements or accepting an alternative holiday of comparable standard as we are able to offer if available (we will refund any price difference if lower value) or cancelling your holiday and receiving a full refund of all monies paid. In all cases (except where the major change arises due to reasons of force majeure*) we will pay compensation as set out below:

*Force majeure means that we will not pay you compensation if we have to cancel or change your holiday in any way because of unforeseeable circumstances beyond our control. These include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, and adverse weather conditions. A flight that is described as direct is one where there is no need to change aircraft during the journey. However, stops may be made en route for refuelling or to let passengers on/off if necessary.

FLIGHT CANCELLATIONS/DELAYS

Flights: Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delays. Full details of these rights will be available at EU airports and other airlines. Please note however, that reimbursement is the responsibility of the airline and does not entitle you to a refund of your holiday price from us.

MOBILITY/DISABILITY RESTRICTIONS AND SPECIAL REQUESTS:

If you have any mobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during your holiday, you must advise us at the time of booking. Whilst we will make every effort to accommodate you, we regret that we cannot guarantee to be able to meet any particular special request unless we have specifically confirmed this in writing.

Special requests such as room location, flight seating, particular facilities, dietary requirements etc. must be made at the time of booking. We will pass on your request to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline upon issue of your tickets.

IF YOU HAVE A COMPLAINT

If you have a problem during your holiday, please inform our local representative or call our 24 hour duty officer system (the contact number for this will be provided with your itinerary) and we will immediately endeavour to put things right. If your complaint is not resolved locally please follow this up by writing to Voyana, Customer Services Dept at PO Box 155, Leicester LE1 9GZ, within 28 days of your return home. Please give your booking reference number and any other relevant information. We strongly recommend you communicate any complaint to the supplier of services and complete a report form whilst in resort, where available, during your holiday. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. Please keep your letter precise and to the point.

We are a Member of ABTA, membership number K4354/ W8836. 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 provides for 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 £1,000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

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. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs. 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, delay to passengers and loss, damage and delay to luggage. 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 (Regulation 261/2004) 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 in 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 Aviation Consumer Advocacy Panel on 020 7240 6061 www.caa.co.uk

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.

ACCURACY OF PROMOTIONAL MATERIAL

All information contained in any of our promotional material, e.g. brochures, advertisements, mailshots, websites and e-shots, is based on information available at the time of publication. We reserve the right to change any information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy and prices at the time of printing, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking.

BEHAVIOUR

We reserve the right within our reasonable discretion to terminate the holiday, without notice, if you/or your party’s conduct or behaviour­­­­ is disruptive in any way and/or affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by you/or your party as a result of our doing so. Aircraft captains have the right, at their absolute discretion, to refuse boarding to any person who is unacceptably under the influence of alcohol or drugs. If for this reason you are denied boarding on your outward flight, we reserve the right to treat this as a cancellation by you and cancellation charges will be levied.

PASSPORT, VISA AND IMMIGRATION

Requirements And Health Formalities
You and your parties 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. You agree to indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. The Foreign and Commonwealth Office (FCO) provide up to date information on safety issues worldwide, visit www.fco.gov.uk/knowbeforeyougo.

CONDITIONS OF CARRIAGE

The carrier companies that provide the transportation for your travel arrangements produce conditions of carriage which form part of your contract both with us and with the carrier companies. You may ask for copies of the relevant conditions of carriage from our offices.

EXCURSIONS

Excursion or other tours that you may choose to book or pay for independently before you travel or whilst you are on holiday are not part of your package holiday provided by us. For any such excursion or other tour that you book your contract will be with the operator of the excursion or tour 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.

ADVANCE PASSENGER INFORMATION

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check-in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.