Booking Conditions for travel with Destination Cape Verde

YOUR CONTRACT IS WITH WITNEY TRAVEL LTD, (T/A DESTINATION PORTUGAL, EHS TRAVEL or DESTINATION CAPE VERDE), A FULLY BONDED MEMBER OF ABTA, (HEREAFTER CALLED "THE COMPANY").

1. YOUR HOLIDAY CONTRACT: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice (sometimes called Booking Details).* This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel. Please check your Confirmation/Invoice/Booking Details carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport.

2. YOUR FINANCIAL PROTECTION: The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 3364) administered by the Civil Aviation Authority. If you book arrangements other than a package holiday from this brochure consisting of more than one element of a holiday (elements are transport, accommodation, transfers or car rental) your monies are protected by way of a bond issued by Travel & General Insurance Company. If you book arrangements other than a package holiday from this brochure consisting of only one element of a holiday the financial protection referred to above does not apply.

In the case of single element holidays which consist solely of accommodation, we have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others.

We also have no liability in the following situations:

(ii) where the accommodation cannot be provided as booked due to

circumstances beyond our control.

(iii) where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.

(iv) where you incur any loss or damage that relates to any business activity.

(v) where any loss or damage relates to any services which do not form part of our contract with you.

If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.

When you buy an ATOL protected air holiday package from The Company you will receive a Confirmation Invoice from us (or via our authorised agent through whom you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 3364. 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

The price of our air holiday packages 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 and will be shown separately on your confirmation invoice.

3. ABTA: We are a Member of ABTA, membership number V7827. 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. Further information on the Code and arbitration can be found on ABTA's website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. 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. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the Company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

4. YOUR HOLIDAY PRICE

(a) We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.

(b) When you make your booking you must pay a deposit of £75 per person (or £250 per accommodation/week) plus any applicable pre-paid air content. If a booking is made within 10 weeks of departure, the full balance is payable immediately. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date; payment of this balance by Credit Card attracts a compulsory 2% charge. Payments from abroad must be in the form of a bankers draft, in pounds sterling, drawn on a London bank. Other forms of payment, i.e foreign cheques may incur bank charges which will be payable by you. If the deposit and/or balance is 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 was calculated using an exchange rate of €1.1 = £1.

(c) 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. 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.

(d) The Company Reserves the right to reduce holiday prices from time to time by issuing Special Offers. Such Special Offers are not retrospective.

5. IF YOU CHANGE YOUR BOOKING: If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £50, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. most types of Air Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

6. IF YOU CANCEL YOUR HOLIDAY: You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 7. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

7. IF WE CHANGE OR CANCEL YOUR HOLIDAY: It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

In accordance with EU 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, TAP Portugal, SATA, Thomson Airlines, Monarch, EasyJet, Ryan Air. 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 aircraft type, change of accommodation to another of the same standard.

If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting 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), or cancelling your booked 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 detailed below:

		If we make a major change to your holiday:	If we cancel your holiday:	If you cancel your holiday:
		amount you will receive from us	amount you will receive from us	amount of cancellation charge
Period before departure within which notice of Cancellation or major change is received by us or notified to you	More than 56 days	£10	Deposit only	Deposit only
	56-29 days	£15	100% of holiday cost	100% of holiday cost
	8 -28 days	£30		100% of holiday cost
	Less than 7 days	£40		100% of holiday cost

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

8. IF YOU HAVE A COMPLAINT: If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. Simultaneously advise our resort representative (where applicable and if none, contact our UK office by email or fax). If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at Hook Norton giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question and in addition to our representative (or UK office) without delay and create a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may severely affect your rights under this contract.

9. OUR LIABILITY TO YOU: If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 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.

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 Air Transport Users' Council on 020 7240 6061 www.auc.org.uk

10. PROMPT ASSISTANCE IN RESORT: if the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

11. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS: Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

12. EXCURSIONS: 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 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.

13. Car Rental minimum age; In most cases drivers are required to be 21 years old and having at least 12 months driving experience. In certain cases younger drivers can be accommodated but at an extra charge.

14. You and all persons travelling with you are required to have adequate Travel Insurance which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness to you or any of your party.

15. Where facilities and amenities are mentioned in property descriptions, it should not be assumed that these are available free of charge.

16. The Accommodation provided for your booking is for the sole use of those shown on the Booking Details. Subletting, sharing or assignment are prohibited. If you change the number in your party, the accommodation price will be re-calculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy.

17. Some property Owners require a deposit against breakages, damage or unpaid utility charges etc. A credit card number given by you for this purpose will be deemed to be your authority to allow the Company to make the necessary deductions.

18. A larger deposit than £250 per week may be required on some Villa Bookings. This will be notified at time of booking.

19. The Company cannot accept responsibility should you miss a flight due to late check-in.

20. Golf arrangements; The Company can confirm golfing arrangements at some resorts and in cases where we cannot book for you we will be pleased to offer advice. Handicap Certificates should be carried. GOLF TO BE PAID FOR BY CLIENT DIRECT TO CLUB/RESORT. (Unless booked as part of a package) Credit card details will be required at the time of booking.

21. If applicable and unless otherwise stated, all costs for heating, electricity and telephone (if available), pool heating etc., will be charged locally & must be paid by the client before departure.

22. The Company will assume that by payment of deposit or balance for your travel arrangements, you accept the above Terms and Conditions of Booking.

23. Check-in and check-out; Check-in is normally after 1400hrs. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Check-out is normally at 1000hrs.

24. The prices shown in this brochure/website are fixed for bookings made from it. However we may issue a 2nd (and possibly 3rd edition) edition which will also have fixed prices but will replace this brochure/website and be operative from a fixed date. Bookings cannot be made from this brochure/website after the commencement date of the next edition. NOTE subsequent editions may take the form of simple price lists in monochrome.

This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.