The Turquoise Collection LTD

 

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirm your booking, form the basis of your contract with TURQUOISE COLLECTION LTD, a company registered in England and Wales with company number: 06541977 and registered office address of SUITES S3-S4 STEVENS HOUSE, 17 STATION ROAD WEST, STOWMARKET, SUFFOLK, IP14 1EF ("we", "us", "our"). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

3. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We act in the following capacities, as a Package Organiser in the sale of a Package and as an Agent for 'single service' bookings (i.e. accommodation only, transfer only or excursion only).

Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 17 for further details of where this will be the case), as a Principal in the sale of a single service booking or as a booking agent to help you arrange or book holiday products sold by a third party tour operator/supplier ("Supplier/Principal"). Our differing obligations are set out below, in the following separate sections:

(A)    Section A contains the conditions that will apply to all bookings you make with us;

(B)    Section B contains the conditions that will apply when you make a Package booking with us, where we are Package Organiser;

(C)   Section C contains the conditions which apply to agency bookings.

 

SECTION A - APPLICABLE TO ALL BOOKINGS 

1.     Booking & Paying For Your Arrangements

A booking is made with us when you pay us a deposit (or full payment by the balance due date notified to you or if you are otherwise booking within 84 days of departure) and we issue you with a booking confirmation either directly from ourselves or on behalf of the Supplier/Principal, where we are acting in the capacity of an agent (please see Section C for further details).

A binding contract between you and the Supplier/Principal (where we are acting as an agent) or between you and us comes into existence when we despatch the booking confirmation to the first named person on the booking.

Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.  

Important note; mandatory fees and taxes imposed by the local government may be payable by you upon your arrival at the Property. This includes but is not limited to city taxes, resort fees and local tourist taxes. Taxes and fees can vary and any prices quoted to you are subject to change.

2.     Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.

3.     Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.

Where you have booked a Package, additional terms and conditions apply, please see clause 17 for further information.

4.     Insurance

Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, personal belongings, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

5.     Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we are acting as an agent) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/their supplier's control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events beyond our or the supplier(s) concerned's control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom's decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our or the Supplier/Principal's control, any such changes would be treated as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we or the Supplier/Principal will not be liable to pay you any compensation.

6.     Cot, Highchair and Camp Bed Rental

When cot, highchair and/or camp bed is not included or available to book as part of your Package or Single Service accommodation booking, we will rent these features to you for an additional fee subject to availability. When you purchase cot, highchair and/or camp bed rental through us, this will be an add-on service. Therefore, cot, highchair and/or camp bed rental will not be included as part of your confirmed Package or Single Service accommodation booking and your contract for the provision of these services will be with us only and no other third party.

7.     Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, seat location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as an agent) 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 by us. We do not accept bookings that are conditional upon any special request being met.

8.     Accommodation

The accommodation you book will typically be available from 4pm on the agreed arrival date, until 10am on the agreed departure date, the precise times of availability will be specified on your booking confirmation. We (or the Supplier/Principal where we are acting as an agent) may, at our/their discretion, allow earlier access or late departure upon request but we cannot guarantee this.

By making a booking with us you agree that your accommodation and its amenities will be used solely for holiday purposes and that the number of people occupying the property for the duration of your stay, will not exceed the number of occupants shown on your Booking Confirmation. Exceeding the maximum number is not permitted and any additional guests will be required to leave with immediate effect and we (or the Supplier/Principal where we are acting agent) have the right to terminate your booking immediately. In the event of such termination our liability (or the Supplier/Principal's where we act as agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination.

Where Wi-Fi is available at your selected property, it will be stated on the relevant accommodation description displayed on our website. Please note that local connection charges may apply. Further to this, Wi-Fi access and speed may be restricted at certain times. We cannot accept liability for any consequential losses that you or any other member of your party incurs due to local Internet restrictions.

On arrival at your accommodation, you should familiarise yourself with the layout of the property and any risks posed by balconies, windows, patio/French doors, swimming pools, roads/paths, uneven ground, surface water, unfenced and unlit areas. Swimming pools should be accessed by the steps and not by jumping or diving in any depth markers should be observed. You should consider these risks throughout your stay and take the time to highlight any dangers to any children in your party. Children should be supervised at all times.

As most of the accommodation that we offer is available for occupation on daily basis, some signs of general wear and tear can be expected.

9.     Security Deposits and Accidental Damage Waiver

By confirming your booking with us / the Supplier Principal, you agree to keep all features of the Property in the same condition as they were allocated to you. This includes all furniture, utensils, equipment, fixtures and fittings in both internal and external areas. Most accommodation providers require either a refundable Security Deposit or an Accidental Damage Waiver (that is payable by you), towards any damage that may be caused to the accommodation (or its facilities) due to the conduct of you, any member or your party or any other person authorised to enter the property by you / a member of your party.

We will notify you prior to confirming your booking if a Security Deposit or Accidental Damage Waiver is payable at your selected property. You acknowledge and agree that you are required to provide the Security Deposit and Accidental Damage Waiver, payable with your final balance as outlined on your booking confirmation.

Where a Security Deposit is paid, in the event that no loss, damage or unreasonable cleanliness has deemed to have taken place, we aim to refund your Security Deposit within 7-14 days after your departure from the accommodation. If we or a Supplier/Principal determine it necessary to make a deduction to the Security Deposit, then we will only instruct the card payment services provider to charge your credit card to the amount required to replace or rectify the damage (on a like-for-like basis). We will not instruct our card payment services provider to charge your credit card for an amount which exceeds the Security Deposit. We will never add a mark-up to this charge.

Where an Accidental Damage Waiver (ADW) fee is paid, this covers minor accidental damage or loss that may occur at the Rental Property during your booking, up to a limit of liability of £250 for apartments and £500 for a villa stay, in aggregate. The Accidental Damage Waiver fee does not cover intentional, wilful and negligent behaviour. If the cost of accidental damage exceeds £250 for apartments or £500 for villas per incident or is deemed to have been caused by wilful and negligent behaviour, a charge will be made locally or an invoice will be sent to you with 28 days of your return to the UK. The Lead Guest will be responsible for any amount payable in respect of any damage which exceeds the limits shown in the paragraph above. The Lead Guest will be responsible for reimbursing the amount in excess of the agreed Accidental Damage Waiver limit of liability directly to the Property Owner or their representatives. In the event that the Lead Guest fails to pay any amount due to the Property Owner for loss or damage at the Rental Property, the Property Owner reserves the right to exercise any legal remedies to pursue the amount owed from the Lead Guest.

You agree to indemnify The Turquoise Collection Ltd. against any claims (including legal costs) made against us or on behalf of the owner of any such property or accommodation. You are also liable to make reimbursement to The Turquoise Collection Ltd. for any damage caused, before you end your stay.

You are required to notify us of any damage already present upon arrival within 24 hours and we recommend taking photographs of any existing damage and communicating this to our Resort Staff whose contact details will be displayed in our pre-departure travel information. Our Resort Team will undertake a thorough check of the Property after your departure and prior to our next guests checking-in. We will advise you as soon as possible of any damage discovered and we will provide photographs where possible.

Please note: The Security Deposit or Accidental Damage Waiver does not limit your financial liability against loss of rental income suffered by us or the property owner. Your liability for losses applies even if the value of the loss exceeds the Security Deposit (in which case you will be required to pay the full amount in exceed of the Security Deposit).

10.     Disabilities and Medical Problems

We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us (or the Supplier/Principal where we are acting as agent) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements.  We or the Supplier/Principal may require you to produce a doctor's certificate certifying that you are fit to participate in your chosen tour.

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.

11.     Entry, Visa, Passport and Health Requirements

It is your responsibility to check and fulfil the entry, passport, visa, immigration requirements, safety and health formalities applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates, the Foreign, Commonwealth and Development Office ('FCDO') and your own doctor as applicable. Requirements and the safety of the countries and areas in which you will be travelling to, do change and you must check the up to date position in good time before departure in order to make your decisions accordingly.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov.  For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).

For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC cannot be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware. 

Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements   from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

12.     Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an agent) or in the opinion of any hotel manager, property owner, 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Supplier/Principal reserve the right to terminate your booking immediately.

In the event of such termination our liability (or the Supplier/Principal's where we act as agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements 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. 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. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

13.     Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

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 us or the supplier concerned.

15.     Local Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. Although we may recommend certain suppliers to you (e.g. ski hire, childcare), 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.

16.     Out of Season bookings for Kalkan Only

Please note this clause only applies for bookings to Kalkan, Turkey. Non-essential building work in Kalkan is usually prohibited in designated tourist areas between 15^th May and 01^st October. If you choose to travel to Kalkan outside of these dates, third party construction work may be visible and/or noise audible from your chosen property. Whilst we have no control over the extent of these external works, we find that they usually take place between the hours of 8am and 8pm. However, this may be subject to change and we recommend that you check with the local Belediye for any planned building schedules. As any external construction works are outside of our control and/or the control of your Supplier/Principal, we are unable to notify you in advance of any work near to your selected property or accept liability for any disturbance these works may cause.

 

SECTION B: PACKAGE BOOKINGS

This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 17 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions. 

17.     Definition of a Package

Where your booking is for a Package holiday that we have organised, as defined below, we will act as a "Package Organiser" and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 ("PTRs"), as outlined in this Section B of our Booking Terms and Conditions.

A "Package" exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:

a)   Transport (not including local airport transfers or short term local pick ups); or

b)   Overnight accommodation; or

c)   rental of cars, motor vehicles or motorcycles (in certain circumstances); and

d)   any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term "package" or a similar term.

IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) - (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or

are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as "Single Service" bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.

18.     Pricing of Packages

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are 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 chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.

c)   the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or 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 lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. 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 the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10.00 per person. 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.

There will be no change made to the price of your confirmed Package holiday within 20 days of your departure nor will refunds be paid during this period.

19.     Payment of your Package

If you have paid a deposit, you must pay full balance by the balance due date displayed on your Booking Confirmation. If full payment for your Package is not received by the balance due date shown on your Booking Confirmation, we may cancel your booking and charge the cancellation fees set out in clause 23.

20.     Cutting your Package Holiday short

If you are forced to return home early, we cannot refund the cost of any travel arrangements 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. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

21.     If You Change Your Booking & Transfers of Bookings

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £10.00, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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 in accordance with clause 22.

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a)   that person is introduced by you and satisfies all the conditions applicable to the holiday;

b)   we are notified not less than 7 days before departure;

c)   you pay any outstanding balance payment, an administration fee of £10.00 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d)   the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 22 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed (for example, scheduled airlines normally regard name changes as a cancellation and rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

22.     If You Cancel Your Booking Before Departure

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing or by email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

 

Period before departure in which you notify us:	Cancellation Charge:
More than 70 days before the start of your Package	Deposit only
More than 31 days before the start of your Package	75% of holiday cost
Less than 31 days before the start of your Package	100% of holiday cost

Please note that amendment charges are not refundable in any circumstances.

Important 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.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of "unavoidable and extraordinary circumstances" occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. 

For the purposes of this clause, "unavoidable and extraordinary circumstances" may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination as agreed in the package travel contract.

This clause outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

23.     If We Change or Cancel your Package Holiday

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include a change of accommodation to another of the same or higher standard, changes of carriers and changes to accommodation furnishings.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of "significant changes" include the following, when made before departure:

a)   A change of accommodation area for the whole or a significant part of your time away.

b)   A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

c)   A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your Package holiday less than 60 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

a)   (for significant changes) accepting the changed arrangements; or

b)   having a refund of all monies paid; or

c)   if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).  

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

a)   If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

b)   If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure in which we notify you	Amount you will receive from us*
More than 70 days	NIL
Between 28 days and 70 days	£10.00pp
Between 28 days to 8 days	£15.00pp
Less than 8 days	£20.00pp

 

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

a)   where we make a minor change;

b)   where we make a significant change or cancel your arrangements more than 70 days before departure;

c)   where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

d)   where we have to cancel your arrangements as a result of your failure to make full payment on time;

e)   where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

f)   where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 5).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

24.     Insolvency Protection for Package Holidays

We provide financial security for flight-inclusive packages by way of  our Air Travel Organiser's Licence number 11051, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected product 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 (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, (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.

If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.

25.     Prompt Assistance for Packages

If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party's negligence.

26.     Complaints

We make every effort to ensure that your Package holiday arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your holiday, this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your holiday, please inform our Resort Staff immediately using the contact details provided to you within our pre-departure travel information. Our Resort Staff will endeavor to put things right. If your complaint is not resolved locally, please contact us our UK offices using the emergency contact numbers provided within your travel documents so that the problem can be resolved as quickly as possible.  

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at: admin@theturquoisecollection.com ideally within 28 days of the end of your stay, 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. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier's ability to investigate your complaint, and will affect your rights under this contract.

27.     Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under UK 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 UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. 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, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation  to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

We cannot accept liability for any delay which is due to any of the reasons set out in clause 12 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). 

When flights are included as part of your confirmed arrangements, the carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight times will be available from your carrier and you should check these times regularly as they are subject to change. If we are notified of any changes to your flight times by your carrier we will contact you as soon as we can to let you know.

Please note the existence of a "UK Air Safety list" (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.

This website 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.

In addition to these terms you will be bound by the booking conditions of your aircraft carrier when a flight is included as part of your confirmed arrangements,. We strongly recommend that you familiarise yourself with these terms before your confirming booking with us.

28.     Our Responsibilities to You in respect of Package Holidays 

(1)           We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your as set out in your booking confirmation and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your booking confirmation and the information we provided to you regarding the services prior to booking.

(2)   We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

(3)   We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a)   the acts and/or omissions of the person affected; or

(b)   the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

(c)   Events Beyond Our Control (as defined in clause 5).

(4)   We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a)   loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims 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 required to have adequate insurance in place to cover any losses of this kind.

(b)   Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i)   The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

ii)   In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii)   When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(5)   Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don't remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(6)   It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(7)   Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.

(8)   Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a)   which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

(b)   relate to any business:

(c)   indirect or consequential loss of any kind.

(9)   We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. 

(10)   Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to "unavoidable and extraordinary circumstances", we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, "unavoidable and extraordinary circumstances" mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

 

SECTION C: AGENCY BOOKINGS

This section applies to bookings we make for you when acting as agent for your Single Service Booking ((i.e. accommodation only, transfer only or excursion only).  Please read this section in conjunction with Section A of these Booking Conditions.

29.     Your Contract with the Supplier/Principal

Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. accommodation, transport or excursion provider) of your chosen arrangements, as specified in your confirmation invoice.

As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier/Principal's Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

30.     Payment

If you have paid a deposit, you must pay full balance by the balance due date notified you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.

Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.

31.     Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements.

The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £150.00 per booking for any amendments to bookings and an administration fee of £250.00 for cancellations.

32.     Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.

If the Supplier/ Principal needs to make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we / the Supplier/Principal will have no liability to you. Examples of minor changes include a change of accommodation to another of the same or higher standard, changes of carriers and changes to accommodation furnishings.

33.     Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

34.     Complaints

Because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us in directly at The Turquoise Collection Ltds, Suites S3 and S4, Stevens House, 17 Station Road West, Stowmarket, Suffolk, IP14 1EF.